Charity law changes timetable

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	Assessing Public Benefit The charity commission has completed its consultation on its draft guidance for assessing public benefit. That consultation had to be carried out before the Commission can issue its formal guidance under the new Charities Act. Once that formal guidance is in issue trustees must have regard to it when exercising any power or carrying out any duties to which it is relevant. So it is important for charities and their professional advisers to begin considering the charitable purposes and activities of their charity in the light of the forth coming changes. It is expected that the Commission's guidance will focus on four key principles of charitable public benefit: There must be an identifiable benefit The benefit must be to the public or and identifiable section of the public People on low incomes must be able to benefit Any private benefit must be incidental. Next steps The Charity Commission intends to: Publish the final general guidance on public benefit in October 2007 Carry out further consultations in November 2007 on "Charities for the prevention and relief of poverty", Charities for the advancement of education", "Charities for the advancement of religion" and "Fee-charging charities". Further guidance for each of those specialist areas will then be issued. The new definitions of charitable purposes and the new statutory requirements for public benefit under English law will be brought into force in January 2008. Rolling review During the first half of 2008 the Charity Commission will run a pilot programme reviewing the public benefit provided by selected charities. Subsequently a "rolling review" of all charities will begin to ensure they meet the revised legal requirements introduced by the Act. Scotland - public benefit Note that the "charity test" under Scottish charity law is already in force. Part of that involves a statutory test of public benefit. The office of the Scottish Charity Regulator has issued guidance on the Scottish "charity test" and its practical application. OSCRs "rolling review" of charities on the Scottish Charity Register will begin shortly. This is intended to ensure organisations meet the "charily test".

			Contacts
	Click contact name to email Cecile Gillard 0117 918 1319

			Charity News
	Public benefit guidance issued for charities The Charity Commission has issued its long awaited guidance on public benefit. Find out more Activation of the Charities Act 2006 (England and Wales). Find out more New rules on the assessment of public benefit. Find out more New charity law for Northen Ireland is expected during 2008. Find out more

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