Charity Commission amends its public benefit guidance

Governance | Tania Mason | 21 Dec 2011

The Charity Commission has published its updated public benefit guidance, removing the parts deemed flawed by the Upper Tribunal.

The Commission has emphasised that most of the guidance still stands and that most charities are not directly affected by the sections withdrawn. “However,” it added, “all trustees are required to have regard to the Commission’s guidance and so need to be aware of these changes.”

All the guidance is on the Commission’s website with the withdrawn sections clearly marked.

The changes have been made following an order from the Upper Tribunal, who deemed that parts of the guidance were wrong in law or obscure after the Independent Schools Council mounted a legal challenge.

The regulator was already working on devising new guidance even before the hearing took place but this own't be ready until next year, and the Tribunal ruled that the existing guidance could not remain in the meantime.

The regulator's working party that is drawing up the new guidance aims to have a draft ready by the end of March 2012. There will be a three-month consultation and the final version will be published in the summer.

The regulator has not yet decided whether it will appeal against the Upper Tribunal’s judgment. It has until Friday to decide.

Directory: Charity Commission

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