The prescribed charity meaning

When a charity plans to: mortgage (or re‑mortgage on revised terms) property it owns buy property with mortgage funding, or grant a charge to secure other liabilities the charity trustees must address several considerations and complete certain further steps. Here, ‘charity trustees’ means those who have overall control and manage the administration of the charity (for example, the directors of a charitable company or the officers of a charitable unincorporated association). Power to mortgage The charity must have authority to borrow and to charge its property as security for that borrowing. This authority may be expressly included in the charity’s governing document. If no express power exists, a sufficient power may arise: under the Trusts of Land and Appointment of Trustees Act 1996, s 6(8), which grants trustees of land ‘all the powers of an absolute owner’ (including the ability to borrow money and secure its repayment against the trust property) under section 8 of the...

While many charities prefer to manage and handle their own investments, for some this falls outside their capacity, whether due to insufficient expertise, limited time, or a shortage of staff. In such cases, it is sensible to look at employing agents, nominees and/or custodians. Agents Section 11 of the Trustee Act 2000 (TrA 2000) specifies—at least for unincorporated charities—the powers available to trustees, supplementing those in their governing document, to delegate particular functions to agents. Accordingly, trustees may, under these powers, pass on defined responsibilities to an agent for the purposes permitted. For TrA 2000, s 11, the Charity Commission explains that ‘delegate’ means a person undertaking a prescribed duty on behalf of the trustee body as a whole. In this setting, the delegate is the agent appointed to perform a defined task. An agent should not be appointed, or continued in post, without a clear and specific purpose to fulfil. The appointment should be tied to that mandate and not maintained without that specific purpose...

This Practice Note was produced with The Access to Justice Foundation. It explains what pro bono costs are and the legislation and CPR provisions that apply. It then outlines key points for handling pro bono costs through proceedings and, in particular, when addressing costs assessment and costs orders. It also lists example contacts who can provide support with pro bono costs. What are pro bono costs? Pro bono costs arise when a party is represented without charge in proceedings. They are treated as ordinary legal costs. They reflect the monetary value of the free legal help, with the amount based on what a fee-paying client would recover. The costs cover any period of free representation and, even where only one lawyer acted pro bono, normal costs can still be sought for fee-paid work. Accordingly, the County Court, High Court and Court of Appeal (Civil Division) can, broadly, award pro bono costs in civil proceedings in England and Wales in cases in which they would award normal costs. Note...

LR1. Date of the lease [ enter the date in full format DD-Month-Year ] LR2. Title Number[s] LR2.1 Landlord's title number [ s ] [ the title numbers from which this lease is granted. Leave blank if unregistered ] LR2.2 Other title numbers [ existing title number [ s ] against which entries relating to LR9, LR10, LR11 and LR13 are to be made ] LR3. Parties to this lease Landlord [ enter landlord's name and address ] Tenant [ enter tenant's name and address ] Other parties LR4. Property Where this clause conflicts with any other part of the lease, then, for registration purposes, this clause shall take precedence. [ enter details of the Property ] LR5. Prescribed statements etc LR5.1 Statements prescribed under rules 179 (dispositions in favour of a charity), 180 (dispositions by a charity) or 196 (leases under the Leasehold Reform, Housing and Urban...

LR1. Date of the lease [ set out the date in full, DD-Month-Year format ] LR2. Title Number[s] LR2.1 Landlord's title number [ s ] [ the title number(s) from which this lease is derived; if unregistered, leave blank ] LR2.2 Other title numbers [ the existing title number(s) against which entries for matters mentioned in LR9, LR10, LR11 and LR13 are to be recorded ] LR3. Parties to this lease Landlord [ landlord’s name and address ] Tenant [ tenant’s name and address ] Other parties LR4. Property If there is any inconsistency between this clause and the rest of the lease, then, for registration purposes only, this clause shall take precedence. [ particulars of the Property ] LR5. Prescribed statements etc LR5.1 Statements prescribed under rules 179 (dispositions in favour of a charity), 180 (dispositions by a charity) or 196 (leases under the Leasehold Reform, Housing and Urban Development Act...