The Law of Charities

by Luxton, Peter; Hill, Judith

• ISBN13: 9780198267836
• ISBN10: 0198267835
• Format: Hardcover
• Copyright: 2001-06-07
• Publisher: Oxford University Press

Summary

This volume provides lawyers and others involved in charity management with an up-to-date and comprehensive commentary on charity law, including suggestions for drafting.

Author Biography

Peter Luxton is Professor of Property Law at De Montfort University, Leicester and a qualified solicitor. He is author of two books and numerous articles on trust and charity law. He is editor of the Business Property section of the Journal of Business Law and on the Advisory Editorial Board of Charity Law and Practice Review. Judith Hill is Partner with Farrer & Co solicitors.

Table of Contents

I INTRODUCTION
The Shaping of Charity Law	3	(58)
The Advantages and Disadvantages of Charitable Status	61	(12)
Charities and Taxation	73	(38)
II THE MEANING OF CHARITY
Charitable Purposes	111	(60)
Benefit to a Sufficient Section of the Community	171	(30)
Wholly and Exclusively Charitable	201	(20)
Political Purposes and Political Activity	221	(30)
III LEGAL STRUCTURES AND GOVERNANCE
Legal Structures and the Distribution of Power	251	(84)
Trustees, Committee Members, and Directors	335	(86)
IV SUPERVISION AND CONTROL
The Charity Commissioners	421	(62)
The Court's Jurisdiction Over Charities	483	(12)
The Visitatorial Jurisdiction	495	(16)
Legal Proceedings	511	(22)
Mediation and Dispute Resolution	533	(10)
V CHARITY PROPERTY
CY-pres and Schemes	543	(60)
Charity Investment	603	(40)
Dealings with Land	643	(38)
Disclaimer of Property and Ex Gratia Payments	681	(10)
VI CHARITABLE GIVING AND FUND-RAISING
Charitable Giving and Taxation	691	(38)
Charities and Trading	729	(22)
Regulation of Fund-raising	751	(22)
Public Charitable Collections	773	(30)
Advertising and Broadcast Appeals	803	(12)
Lotteries, Competitions, and Amusements	815	(14)
Disaster Funds	829	(12)
VII DISSOLUTION OF CHARITIES
Dissolution of Charities	841	(12)
APPENDICES
A. Trustee Act 2000	853	(26)
B. Charity Law Association Model Documents
(1) Trust Deed for a Charitable Trust	879	(24)
(2) Constitution for a Charitable Unincorporated Association	903	(28)
(3) Memorandum and Articles of Association for a Charitable Company Limited by Guarantee	931