Question: It is time for the Charity Commission to be given a legislative definition of ‘charitable trust’ with which to work. The current definition provides for anomalies and unfairness within the law.
Discuss.
Answer: The Charity Commission and the judiciary determine charitable status. The Charity Commission is a public body appointed by the Government. It exercises some judicial functions in ruling whether to designate charitable status to an organisation: “Their role is quasi-judicial.” It assumes the role of a court when doing so , yet can refer cases to the judiciary if necessary and works in tandem with the Government, promoting the concept of charity:
“The Government are committed to encouraging a healthy and growing voluntary sector.”
Charity law originated from the Roman Catholic Church and the Ecclesiastical Courts and guidelines regarding charitable validity were laid down in the preamble to the Charitable Uses Act 1601....(short extract)
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- Subject: Law
- Course: Equity and Trust Law
- Level: Degree
- Year: 2nd/3rd
- Mark: 66%
- Words: 2556
- Date submitted: January 27, 2009
- Date written: November, 2005
- References: Yes
- Document type: Essay*
- Essay ID: 372
