In practice, Statute of Elizabeth usually describes the Charitable Uses Act 1601. Its famous preamble listed purposes recognised as charitable, shaping the common law definition of charity and guiding cases such as Pemsel. Although the Act has been repealed and modern charity legislation provides statutory definitions, the preamble remains historically important and is often cited when explaining the origins of charitable purposes. Current statutory definitions appear in the Charities Act 2011 (England and Wales), the Charities and Trustee Investment (Scotland) Act 2005, the Charities Act (Northern Ireland) 2008 and the Charities Act 2009 (Ireland), each broadly reflecting the categories illustrated in 1601.
The expression is also used to refer to the Fraudulent Conveyances Act 1571 (13 Eliz 1 c 5), the historic basis for setting aside transactions defrauding creditors. Contemporary practice proceeds under modern insolvency and property law—e.g. Insolvency Act 1986, section 423 (England and Wales), the Insolvency (Northern Ireland) Order 1989, and analogous Scottish provisions; in Ireland, see for example section 74 of the Land and Conveyancing Law Reform Act 2009 and bankruptcy legislation. Accordingly, context determines whether Statute of Elizabeth is being used in a charity law or creditors’ remedies sense, and usage is broadly consistent across England & Wales,...