Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts
View More View Less
Key definition
Charity definition

What does Charity mean? In practice, a charity is an organisation established solely for charitable purposes to deliver public benefit, with assets held for those purposes and supervised by the courts and charity regulators. Common forms include a trust, unincorporated association or company limited by guarantee (including CIO/SCIO). Surpluses cannot be distributed to members; funds must be applied to the purposes. Political activity is permitted only as ancillary. Status determines regulatory duties and eligibility for charity tax reliefs. England and Wales: Charities Act 2011, s 1, defines a charity as an institution established for charitable purposes only and subject to High Court control;...

Read More Right Arrow

Charity trustees’ powers in England and Wales: sources, company/CIO/unincorporated structures, and principal statutory powers on investments, land, remuneration, indemnity insurance, governing document amendments, permanent endowment and delegation

Practice notes
imgtext

Charity trustees exercise authority sourced from several places: the express terms of the Charity’s governing document, the Charities Act 2011 (CA 2011) and other legislation, and from common law and statutory principles arising from the charity’s nature as a legal person and as an entity in its own right.

All such powers must be used only to advance the charity’s objects and to preserve its assets; where trustees apply a power for some other end, or act in a way that is not in the charity’s best interests, the decision may, if intentional, be a ‘fraud on a power’, or otherwise a negligent (or inadvertent) Breach of trust for which the trustees could be held personally liable.

Powers and the charity format

The character of the charity itself may determine, in part, the range of powers open to the trustees, and therefore be relevant to what they can properly do...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Francesca Quint
Francesca Quint

Professional backgroundFrancesca Quint is best known as a specialist in charity law, an area in which she has been working for the whole of her career to date. Her interest in charity law dates from the time when she was reading law as an undergraduate at King's College, London.Professional expertiseCharity law naturally overlaps with distinct areas of law in which Francesca also practises which impinge on the activities of charities. These include education, housing, ecclesiastical law and aspects of public law. It also extends to those areas which affect people who wish to support charities, such as wills, trusts and tax, in which Francesca is often asked to advise regardless of any specific charity involvement.A good deal of Francesca's work is non-contentious but she often finds herself advising charities in trouble, whether financial, constitutional or regulatory, or acting for one side or another in...

Web page updated on 21/05/2026

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow