Book contents
- Frontmatter
- Contents
- Table of Cases
- Table of Statutes
- 1 Introduction
- 2 Essential indicia of charitable status
- 3 The powers of the Commission to remove charities from the register
- 4 Limits on the Commission's powers to remove controversial charities from the register
- 5 Property
- 6 The Commission's powers of investigation and the use of those powers to remove charities from the register
- 7 How the Commission's powers to remove charities from the register may be affected by changes to the law of charitable status
- 8 Grounds for appeal
- 9 Conclusion
- Bibliography
- Index
3 - The powers of the Commission to remove charities from the register
Published online by Cambridge University Press: 23 July 2009
Book contents
- Frontmatter
- Contents
- Table of Cases
- Table of Statutes
- 1 Introduction
- 2 Essential indicia of charitable status
- 3 The powers of the Commission to remove charities from the register
- 4 Limits on the Commission's powers to remove controversial charities from the register
- 5 Property
- 6 The Commission's powers of investigation and the use of those powers to remove charities from the register
- 7 How the Commission's powers to remove charities from the register may be affected by changes to the law of charitable status
- 8 Grounds for appeal
- 9 Conclusion
- Bibliography
- Index
Summary
Introduction
This chapter examines the statutory powers of the Commission to remove charities from the register under section 3(4) Charities Act 1993. Section 3(4) Charities Act 1993 reads as follows:
The Commission shall remove from the register –
(a) any institution which it no longer considers is a charity, and
(b) any charity which has ceased to exist or does not operate.
Section 3(5) Charities Act 1993 reads as follows:
If the removal of an institution under subsection 4(a) above is due to any change in its trusts, the removal shall take effect from the date of that change.
The Commission can therefore remove an institution from the register in three cases: first, ‘any institution which it no longer considers is a charity’; second, where an institution has ‘ceased to exist’; third, where an institution ‘does not operate’. It is argued in this chapter that these powers of removal are limited.
‘No longer considers is a charity’
The Commission's power to remove an institution which it ‘no longer considers is a charity’ under section 3(4) Charities Act 1993 allows it to remove charities which were never charitable, and have therefore been registered by mistake, or institutions which were charitable but have amended their governing instrument to change their ‘trusts’. The Commission can only remove a charity from the register because its ‘trusts’ have been changed where this results in the loss of one or more of the essential indicia of charitable status.
Information
- Type
- Chapter
- Information
- The Law of Charitable StatusMaintenance and Removal, pp. 45 - 84Publisher: Cambridge University PressPrint publication year: 2008
Accessibility standard: Unknown
Why this information is here
This section outlines the accessibility features of this content - including support for screen readers, full keyboard navigation and high-contrast display options. This may not be relevant for you.Accessibility Information
Accessibility compliance for the PDF of this book is currently unknown
and may be updated in the future.