The 'New' Public Benefit Requirement

Making Sense of Charity Law?

Nonfiction, Reference & Language, Law, Educational Law & Legislation
Cover of the book The 'New' Public Benefit Requirement by Dr Mary Synge, Bloomsbury Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Dr Mary Synge ISBN: 9781509901548
Publisher: Bloomsbury Publishing Publication: August 27, 2015
Imprint: Hart Publishing Language: English
Author: Dr Mary Synge
ISBN: 9781509901548
Publisher: Bloomsbury Publishing
Publication: August 27, 2015
Imprint: Hart Publishing
Language: English

This book examines the 'public benefit requirement', which provides that a charity's purposes must be for the public benefit. This requirement was given statutory force by the Charities Act 2006, which also provided that 'public benefit' is to be construed in accordance with existing case law and not presumed. The author examines guidance published by the Charity Commission in 2008 and 2013 and measures its accuracy against principles extrapolated from case law, with a focus on fee-charging charities, and independent schools in particular. She also considers the implementation of the Charity Commission's public benefit assessments of independent schools during 2008–10. The book offers a comparative study of the law relating to public benefit in Scotland and presents an analysis of the decision of the Upper Tribunal (Tax and Chancery) in proceedings brought by the Independent Schools Council and Attorney General in 2011. It also considers subsequent reviews of the 2006 Act by Lord Hodgson and the Public Administration Select Committee and the Government's response to those reviews in September 2013.

The fact that the law automatically bestows certain privileges on charities, including tax exemptions, means that the charitable status of fee-paying schools has proved particularly contentious and was described by Lord Campbell-Savours as making 'an absolute nonsense' of charity law. Here, the author asks whether the public benefit requirement, as enacted and interpreted, has succeeded in bringing any sense to our law of charity in recent years.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This book examines the 'public benefit requirement', which provides that a charity's purposes must be for the public benefit. This requirement was given statutory force by the Charities Act 2006, which also provided that 'public benefit' is to be construed in accordance with existing case law and not presumed. The author examines guidance published by the Charity Commission in 2008 and 2013 and measures its accuracy against principles extrapolated from case law, with a focus on fee-charging charities, and independent schools in particular. She also considers the implementation of the Charity Commission's public benefit assessments of independent schools during 2008–10. The book offers a comparative study of the law relating to public benefit in Scotland and presents an analysis of the decision of the Upper Tribunal (Tax and Chancery) in proceedings brought by the Independent Schools Council and Attorney General in 2011. It also considers subsequent reviews of the 2006 Act by Lord Hodgson and the Public Administration Select Committee and the Government's response to those reviews in September 2013.

The fact that the law automatically bestows certain privileges on charities, including tax exemptions, means that the charitable status of fee-paying schools has proved particularly contentious and was described by Lord Campbell-Savours as making 'an absolute nonsense' of charity law. Here, the author asks whether the public benefit requirement, as enacted and interpreted, has succeeded in bringing any sense to our law of charity in recent years.

More books from Bloomsbury Publishing

Cover of the book It's Not My Fault! by Dr Mary Synge
Cover of the book Corroboree by Dr Mary Synge
Cover of the book Animal Comics by Dr Mary Synge
Cover of the book Needles and Pearls by Dr Mary Synge
Cover of the book What the RAF Airman Took to War by Dr Mary Synge
Cover of the book Open Minded Torah by Dr Mary Synge
Cover of the book French Armour in Vietnam 1945–54 by Dr Mary Synge
Cover of the book The Screen Media Reader by Dr Mary Synge
Cover of the book Philosophy of Language: The Key Thinkers by Dr Mary Synge
Cover of the book Informal Carers and Private Law by Dr Mary Synge
Cover of the book State Formation in Afghanistan by Dr Mary Synge
Cover of the book Christian Metal by Dr Mary Synge
Cover of the book The Lottery Wars by Dr Mary Synge
Cover of the book How Do You Do? by Dr Mary Synge
Cover of the book German Security and Police Soldier 1939–45 by Dr Mary Synge
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy