Charities asked their view on proposed legal changes

The Law Commission recently published Technical Issues in Charity Law – a formidable wedge of paper that could see several significant changes to current laws.

The 300-page consultation document looks to clarify some of the more confusing areas of legislation which apply to the not-for-profit sector.

Issues addressed by the publication include:

• The procedures by which charities change their purposes and the administrative provisions of their governing documents
• The regulation of the acquisition, disposal and mortgage of land by charities
• The power of the Charity Commission to require a charity to change its name, and to refuse to register a charity unless it changes its name
• Certain powers of the Charity Tribunal.

A Law Commission spokesman said: “In some instances we have come to the view that the law should be reformed and we make provisional proposals to that effect; in others we ask consultees whether there is a need for reform and, if so, how that might be achieved.

“We also ask consultees to share their experiences of the application of the law in practice.”

The consultation, which arises from a review of the Charities Act 2006 conducted by Lord Hodgson of Astley Abbotts, concluded earlier last month.

You can find the complete document on the Law Commission’s website.

For advice on charity structuring, mergers, new registrations and commercial terms, please contact Julian Rampton.