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Law Commission publishes its terms of reference for review of charity law

Law Commission publishes its terms of reference for review of charity law

In June 2013, the Law Commission agreed the terms of reference with the Cabinet Office for its review of charity law. The review is not an extensive wholesale review of charity law but will focus on specific technical issues that have arisen out of the review of the Charities Act 2006. The review will include:

  • consideration of the means by which charter bodies are able to amend their Royal Charters;
  • providing greater autonomy to charity trustees in the following areas: land transactions, mortgages, application of property cy pres, ex gratia payments and payment of trustees for goods provided to the charity;
  • certain limited new powers for the Charity Commission; – reviewing the burden on charities wishing to merge or incorporate;
  • consideration of the application of funds held on special trusts in the event of a charity’s insolvency;
  • a closer look at the procedures of the Charity Tribunal.

The Law Commission expects to publish its consultation paper in early summer 2014 and will then agree how to take the project forward. Any legislation arising out the review is not expected to be published in draft until March 2016.

IBB’s specialist charity lawyers have a wealth of experience in delivering practical commercial advice to charities and not for profit organisations and those who work with them. Contact our charity law team here, call 01895 207809 or email charities@ibblaw.co.uk.