• Looking Ahead: Law Commission Charity Law Consultation
  • March 18, 2015
  • Law Firm: Withers Bergman LLP - New Haven Office
  • The Law Commission expects to publish its consultation paper next month on specific legal matters relating to charities, including charity mergers and incorporations; insolvency; the powers of the Charity Commission and the Charity Tribunal; dispositions of charity land; the cy-pres principle; ex-gratia payments; and the amendment of Royal Charters.

    In July 2011, the Law Commission published its ‘11th Programme of Law Reform’, which identified certain aspects of charity law for review, prioritising those areas which were thought to create uncertainty or involve a disproportionate regulatory or administrative burden. Following Lord Hodgson’s review of the Charities Act 2006 in 2012, the Law Commission then agreed the matters on which it would focus in terms of reference with the Cabinet Office and the Charity Commission.

    The Law Commission is due to publish a consultation paper on its proposals next month. The matters to be covered will be relevant to a wide range of charities, and are expected to include: mergers and incorporations; insolvency; the powers of the Charity Commission and the Charity Tribunal; dispositions of charity land; the cy-pres principle; ex-gratia payments; and the amendment of Royal Charters.