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The Charities Act 2006 (c 50) is an Act of the
Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
intended to alter the regulatory framework in which charities operate, partly by amending the
Charities Act 1993 The Charities Act 2011c 25 is a UK Act of Parliament. It consolidated the bulk of the Charities Act 2006, outstanding provisions of the Charities Act 1993, and various other enactments. Repeals Legislation repealed in its entirety by the 2011 ...
. The Act was mostly superseded by the
Charities Act 2011 The Charities Act 2011c 25 is a UK Act of Parliament. It consolidated the bulk of the Charities Act 2006, outstanding provisions of the Charities Act 1993, and various other enactments. Repeals Legislation repealed in its entirety by the 2011 A ...
, which consolidates charity law in the UK.


Provisions

The Act contains three main provisions: definition of the requirements to qualify as a charity, the establishment of a Charity Tribunal to hear appeals from decisions of the
Charity Commission , type = Non-ministerial government department , seal = , seal_caption = , logo = Charity Commission for England and Wales logo.svg , logo_caption = , formed = , preceding1 = , ...
, and alterations to the requirements for registering charities.


Charitable status

The Act imposes conditions on bodies wishing to attain or maintain charitable status. Charity commission: Public Benefit
/ref> For the purposes of the law, a charitable organisation must demonstrate that it serves the
public interest The public interest is "the welfare or well-being of the general public" and society. Overview Economist Lok Sang Ho in his ''Public Policy and the Public Interest'' argues that the public interest must be assessed impartially and, therefore ...
, and that its purpose lies entirely in the promotion of one or more of the following causes: * the prevention or relief of poverty; * the advancement of education; * the advancement of religion; * the advancement of health or the saving of lives; * the advancement of citizenship or community development; * the advancement of the arts, culture, heritage or science; * the advancement of amateur sport; * the advancement of human rights, conflict resolution or reconciliation or the promotion of religious or racial harmony or equality and diversity; * the advancement of environmental protection or improvement; * the relief of those in need by reason of youth, age, ill-health, disability, financial hardship or other disadvantage; * the advancement of animal welfare; * the promotion of the efficiency of the armed forces of the Crown, or of the efficiency of the police, fire and rescue services or ambulance services; * Any other purposes under ss4 of the 2006 act Prior to 2008, the law assumed that advancement of education or religion were automatically in the public interest. A "public benefit" now needs to be demonstrated.


Charity Tribunal

The Act established a "Charity Tribunal" to hear appeals from decisions of the Charity Commission, which previously lay only to the High Court. The Tribunal was abolished in September 2009 and its functions transferred to the
First-tier Tribunal The First-tier Tribunal is part of the courts and tribunals service of the United Kingdom. It was created in 2008 as part of a programme, enacted in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and has since t ...
.


Registration

The Act raises the threshold above which registration is required with the Charity Commission from £1,000 to £5,000. This is intended to reduce administration costs for small charities. In addition, charities which fall under certain exempted categories under the 1993 Act (such as certain Christian denominations) are now only exempted if their gross annual income is less than £100,000.


Section 79 - Commencement

The following orders have been made under section 79(2):
The Charities Act 2006 (Commencement No. 1, Transitional Provisions and Savings) Order 2007
(S.I. 2007/309 (C. 13))
The Charities Act 2006 (Commencement No. 2, Transitional Provisions and Savings) Order 2007
(S.I. 2007/3286 (C. 135))
The Charities Act 2006 (Commencement No. 3, Transitional Provisions and Savings) Order 2008
(S.I. 2008/751 (C. 32))
The Charities Act 2006 (Commencement No. 4, Transitional Provisions and Savings) Order 2008
(S.I. 2008/945 (C. 46))
The Charities Act 2006 (Commencement No. 4, Transitional Provisions and Savings) (Amendment) Order 2009
(S.I. 2009/841 (C. 55))
The Charities Act 2006 (Commencement No. 5, Transitional and Transitory Provisions and Savings) Order 2008
(S.I. 2008/3267 (C. 150))
The Charities Act 2006 (Commencement No. 5, Transitional and Transitory Provisions and Savings) (Amendment) Order 2010
(S.I. 2010/1942 (C. 103))
The Charities Act 2006 (Commencement No. 6 and Commencement No. 5, Transitional and Transitory Provisions and Savings (Amendment)) Order 2009
(S.I. 2009/2648 (C. 118))
The Charities Act 2006 (Commencement No. 7, Transitional and Transitory Provisions and Savings) Order 2010
(S.I. 2010/503 (C. 36))


See also

*
Exempt charity An exempt charity is an institution established in England and Wales for charitable purposes which is exempt from registration with, and oversight by, the Charity Commission for England and Wales. Exempt charities are largely institutions of furth ...
*
English trusts law English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the ...


Notes


External links


Charity commission briefing on the Act


UK Legislation

*
Explanatory notes
to the Charities Act 2006. {{UK legislation United Kingdom Acts of Parliament 2006 English trusts law Charity law Charity in the United Kingdom