By William Henderson, Jonathan Fowles, Gregor Hogan, Julian Smith, Laetitia Ransley

ISBN13: 9780414099425
Previous Edition ISBN: 9780414000032
Published: December 2022
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback

This leading work on the law of charities, written by expert practitioners, has been completely updated to take account of all the changes in legislation and case law since the supplement to the previous edition was published in 2018.

Some of the key recent developments covered include:

The Charities Act 2022, implementing most of the Law Commission's recommendations in its 2017 report, Technical Issues in Charity Law.
A large number of judicial decisions, on issues such as the duties of members of a charitable company limited by guarantee and the court's power to direct such a member in the exercise of their voting powers; the scope of permissible discrimination in the provision of benefits by a charity under the Equality Act 2010; mandatory relief from non-domestic rates and the public benefit requirement; the meaning of "charity proceedings" under the Charities Act 2011, s.115; whether a charitable trust was created over land acquired by a local authority; and charity trustees' powers of investment, in particular whether trustees are bound to exclude investments that conflict with their charitable purposes.
Expanded coverage of standing to bring claims to establish the existence of charitable trust, and the common law of standing to bring claims for breach of charitable trust.
Enhanced coverage of various descriptions of charitable purpose, including the advancement of religion and the advancement of education.
New sections on charity trustees' duties to operate charities to advance public benefit, and trusts in general terms of the benefit of a locality/country.
Expanded discussion of the courts’ relative leniency to charity trustees.

Subjects:

Charities
Contents:
Chapter 1: The Meaning of “Charity” and “Charitable Purposes” in the Law of England and Wales
Chapter 2: Specific Heads of Charity
Chapter 3: Special Treatment of Charities
Chapter 4: Registration
Chapter 5: Exempt and Excepted Charities
Chapter 6: Legal Structures
Chapter 7: Construction
Chapter 8: Charitable Gifts with Undefined Objects or Inadequate Machinery
Chapter 9: Initial Failure of Charitable Gifts and Cy-près
Chapter 10: Subsequent Alterations to Purposes and Administrative Provisions (Cy-près and Other Jurisdictions and Powers)
Chapter 11: Content of Cy-près Schemes
Chapter 12: Mechanics of Obtaining Schemes
Chapter 13: The Crown and the Attorney General
Chapter 14: Visitors and Other Authorities
Chapter 15: The Charity Commission
Chapter 16: Proceedings Relating to Charities
Chapter 17: Powers and Duties of Charity Trustees
Chapter 18: Fundraising
Chapter 19: Appointment and removal of trustees and officers
Chapter 20: Taxation
Chapter 21: Merger and Termination