Public Trusts - Charities

Question 1

Charities Act 2011, s1

Answer 1

gives the definition of a charity: an institution which is established for charitable purposes only

Question 2

Charities Act 2011, s3(1)(a)-(m)

Answer 2

gives a list of all purposes which are considered ‘charitable’

Question 3

What are the 3 main elements to consider when answering a question about charitable trusts?

Answer 3

1. Charitable purpose
2. exclusively charitable
3. public benefit

Question 4

What are the two elements of the public benefit?

Answer 4

1. benefit aspect

2. public aspect

Question 5

Charities Act 2011, s17

Answer 5

When showing the public benefit element has been complied with, you must have regard for the guidance put forward by the charity commission

Question 6

The independent Schools Council v The Charity commission for England and Wales [2011]

Answer 6

found that the guidance around Public Benefit was ambiguous, and therefore in 2013 the guidance was updated

Question 7

What is the benefit aspect?

Answer 7

The benefit itself must be identifiable, and you must be able to prove, with evidence, that the purpose is beneficial.

Question 8

Re Shaws Will Trusts [1952]

Answer 8

Sometimes, the benefit is ‘So obvious’ that the trustees do not actually have to provide proof to show the benefit aspect

Question 9

Re Hummeltenberg [1923]

Answer 9

shows that there is no single test to determine what evidence would be sufficient to show the benefit (college for mediums)

Question 10

Re Pinion [1965]

Answer 10

shows that there is no single test to determine what evidence would be sufficient to show the benefit (contents of his studio for museum)

Question 11

National Anti-vivisection Society v IRC [1948]

Answer 11

When showing the public benefit, the purpose of the benefit must be balanced against any harm

Question 12

When showing the public benefit, the purpose of the benefit must be balanced against any harm

Answer 12

National Anti-vivisection Society v IRC [1948]

Question 13

What two cases show that when determining the benefit aspect of the public benefit, there is no one test as to what evidence is required?

Answer 13

1. Re Hummeltenberg [1923]

2. Re Pinion [1965]

Question 14

In certain circumstances, an indirect benefit has been identified, and the trust has been deemed beneficial because of this.

Answer 14

Re Resch’s trust [1969]

Question 15

Re Resch’s trust [1969]

Answer 15

In certain circumstances, an indirect benefit has been identified, and the trust has been deemed beneficial because of this.

Question 16

What is the public aspect?

Answer 16

The benefit must be of benefit to the public in general, or for a sufficient section of the public.

Question 17

Verge v Somerville [1924]

Answer 17

‘a first enquiry must be whether it is public – whether it is for the benefit of the community or of an appreciably important class of the community’

Question 18

IRC v Basseley [1955]

Answer 18

Shows that if the class of people who will benefit is too narrow, it will not satisfy the public aspect of the public benefit test

Question 19

What does exclusively charitable mean?

Answer 19

Must be for charitable purposes only – a charity cannot have both charitable and non-charitable purposes (unless such non charitable purposes are incidental)

Question 20

Chichester Diocesan Fund and Board of Finances Incorporated v Simpson [1944]

Answer 20

Shows that mixing a non-charitable reason with a charitable one will not satisfy the ‘exclusively charitable’ element

Question 21

A-G of the Bahamas v Royal Trust Co [1986]

Answer 21

Shows the word ‘welfare’ was considered to wide to be classed as ‘exclusively charitable’

Question 22

Charities Act 2011 s3(1)(a)-(m)

Answer 22

gives a list of all charitable purposes

Question 23

Which statute gives a list of all charitable purposes?

Answer 23

Charities Act 2011 s3(1)(a)-(m)

Question 24

Charities Act 2011. s4(2)

Answer 24

Shows there is no presumption of a public benefit

Question 25

Charities Act 2011, s4(3)

Answer 25

Shows there is no definition of a public benefit

Question 26

What statute shows there is no presumption of a public benefit?

Answer 26

Charities Act 2011, s4(2)

Question 27

What statute shows there is no definition of public benefit?

Answer 27

Charities Act 2011, s4(3)

Question 28

Charity - an institution that is established for charitable purposes only

Answer 28

Definition - Charities Act 2011, s1

Question 29

Charities Act 2011, s2(1)(a)

Answer 29

A charitable purpose is one which falls within section 3

Question 30

Charities Act s2(1)(b)

Answer 30

Shows a charitable purpose must be for the public benefit,