THE CHARITIES ACT 2006 AN ACT FOR THE PUBLIC BENEFIT?
CHARITABLE CONSTITUTIONS AND THE NEW CHARITABLE INCORPORATED ORGANISATION (CIO)
“ Up until now in the charity world we have had unincorporated associations, which are rather like battered old slippers, they are very comfortable but not quite what we want. We have had companies limited by guarantees, which are rather like clogs; they are very hard working and durable but they do not fit exactly with what we need them to do. Now we have CIOs, which some of us are led to believe will be the high performance, all terrain shoe that we need in order to do our business”
If several aims each one must meet the public benefit requirement
Better tighter management particularly of sensitive client data
3. BENEFIT NOT RESTRICTED BY GEOGRAPHY OR FEES
A Charity must not be an exclusive club that only a few can join.
Public schools and private care homes?
“ An organisation which explicitly excludes the poor in its objects will not be granted charitable status BUT fee-charging in itself is not regarded as excluding the poor & should not therefore be an obstacle to charitable status”
“ Any person who carries on for gain a business other than a fundraising business, but in the course of that business engages in any promotional venture in the course of which it is represented that charitable contributions are to be given to or applied for the benefit of a charitable institution.”
the whole or part of the consideration given for goods or services sold or supplied by the CP;or by way of donation in connection with any such supply, whether or not the amount given correlates to the consideration raised.
access to premises/membership/advertising space/financ.