Book contents
- Frontmatter
- Contents
- Table of Cases
- Table of Statutes
- 1 Introduction
- 2 Essential indicia of charitable status
- 3 The powers of the Commission to remove charities from the register
- 4 Limits on the Commission's powers to remove controversial charities from the register
- 5 Property
- 6 The Commission's powers of investigation and the use of those powers to remove charities from the register
- 7 How the Commission's powers to remove charities from the register may be affected by changes to the law of charitable status
- 8 Grounds for appeal
- 9 Conclusion
- Bibliography
- Index
6 - The Commission's powers of investigation and the use of those powers to remove charities from the register
Published online by Cambridge University Press: 23 July 2009
- Frontmatter
- Contents
- Table of Cases
- Table of Statutes
- 1 Introduction
- 2 Essential indicia of charitable status
- 3 The powers of the Commission to remove charities from the register
- 4 Limits on the Commission's powers to remove controversial charities from the register
- 5 Property
- 6 The Commission's powers of investigation and the use of those powers to remove charities from the register
- 7 How the Commission's powers to remove charities from the register may be affected by changes to the law of charitable status
- 8 Grounds for appeal
- 9 Conclusion
- Bibliography
- Index
Summary
Introduction
In this chapter the Commission's powers of investigation will be examined to explore the extent to which investigations lead to the removal of charities from the register under section 3(4) Charities Act 1993.
The chapter looks specifically at the use of the Commission's powers to protect charity property under sections 18 and 19 Charities Act 1993 to see whether there is a consequential removal of governing instruments from the register. This is a natural line of inquiry flowing from Chapter 5 which pointed out the distinction between the governing instrument of a charity and its property.
The chapter illustrates, through documentary analysis of the Commission's published inquiry reports over a two-year period, one of the basic propositions of this book that the Commission's powers of removal are limited and charities will only rarely be removed from the register. This chapter also illustrates through documentary analysis that the Commission's own interpretation of its powers of removal is unclear and inconsistent where following inquiry it removes charities which have ceased to exist or operate. This supports another of the basic propositions that the Commission's powers of removal require clarification.
Powers of investigation and protection
This part of the chapter looks in more detail at how the Commission uses its powers in such a way that there is a consequential removal of charities from the register.
- Type
- Chapter
- Information
- The Law of Charitable StatusMaintenance and Removal, pp. 114 - 125Publisher: Cambridge University PressPrint publication year: 2008