Charity Commission for England and Wales

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Charity Commission for England and Wales
Welsh: Comisiwn Elusennau Cymru a Lloegr
Charity Commission Logo.png
Non-ministerial government department overview
Formed February 27, 2007 (2007-02-27)
Superseding agency Charity Commission
Jurisdiction England and Wales
Headquarters 30 Millbank, London, SW1P 4DU
Employees 466
Annual budget £32.7 million (2009-2010) [1]
Non-ministerial government department executive William Shawcross CVO, Chair
Website www.charitycommission.gov.uk

The Charity Commission for England and Wales is the non-ministerial government department that regulates registered charities in England and Wales.

The Charity Commission answers directly to the UK Parliament and to Government ministers, and as a result it is often described as a Quango. It is governed by a board, which is assisted by the Chief Executive (currently Sam Younger) and an executive team.[2] Suzi Leather, DBE was appointed Chair of the Commission's board on 1 August 2006, after being chair of the Human Fertilisation and Embryology Authority and the School Food Trust.[3] Geraldine Peacock, CBE was Chief Charity Commissioner (as previous chairs of the Commission have been known) from 2003 to 2006, and Chair-designate from 8 July 2004 to 2006. The current Chair is William Shawcross.[4]

It has four sites in London, Taunton, Liverpool and Newport. The commission's website lists the latest accounts submitted by charities in England and Wales.

Exempt charities[edit]

Some bodies with charitable objects but which are not charities are not subject to registration with the Charity Commission and are known as exempt charities; these organisations are specified in Schedule 2 to the Charities Act 1993.[5] The same Act also prevents such a body from being described as a "charity"[6] but allows them similar financial and taxation benefits.

Charities operating across other national borders within the United Kingdom[edit]

Registration of a charity in England and Wales does not endow that status elsewhere thus further registration has to be made before operating in Scotland or Northern Ireland.

Charities in Scotland are regulated by the Office of the Scottish Charity Regulator.

In Northern Ireland the Charity Commission for Northern Ireland is being established in 2009 to replace earlier regulation by the Voluntary and Community Unit of the Department for Social Development, part of the Northern Ireland Executive.

Regulatory action[edit]

The Commission carries out general monitoring of charities as part of its regular casework. It also has powers set out in the Charities Acts to conduct statutory investigations. However, opening a full statutory inquiry into a charity has a detrimental effect on the relationship with the regulator and can frustrate the intention to achieve a positive outcome. The Commission therefore began around 2007 to carry out an intermediate form of action described as regulatory compliance investigations. In 2010 it opened over 140 of these cases, compared to just three full statutory investigations. However, the legality of these actions was debatable as they lacked a statutory basis. A high-profile example was the Commission's report into The Atlantic Bridge, after which that body was dissolved in September 2011. The Commission announced in October 2011, in the context of cost-cutting and a re-focussing of its activities, that it would no longer carry out regulatory compliance investigations.[7][8]

Some of the activities of the Commission have been questioned by the Public Administration Select Committee, which oversees the Commission's work. For instance on 23 October 2012, Charlie Elphicke, Conservative MP for Dover accused the Commission of “suppressing Christianity”, after the Committee heard that a religious group was refused charitable status by the Charity Commission, despite the group’s attempts to demonstrate that it undertook genuine charitable works.[9] Elphicke asked at the hearing if the Commission was “actively trying to suppress religion in the UK, particularly the Christian religion” and stated “I think they [the Commission] are committed to the suppression of religion” [10]

History of the Charity Commission[edit]

Prior to the 1840s body of Commissioners had been established by the Statue of Charitable Uses 1601 however these proved ineffective. The Charity Commission was first established by the Charitable Trusts Act 1853. There had been several attempts at reforming charities before that which had been opposed by various interest groups including the church, the courts, the companies, and the universities.[11] The power of the commission was strengthened by amendments to the act in 1855, 1860, 1862.[12]

The Charities Act 2006 established its current structure and name.[13]

See also[edit]

References[edit]

  1. ^ Charity Commission Annual Report 2009-2010, Charity Commission for England and Wales, retrieved 2010-12-18 
  2. ^ "Governance Framework". Charity Commission. Retrieved 2008-01-21. 
  3. ^ "Board of non-executive members of the Commission". Charity Commission. Retrieved 20118-12-19. 
  4. ^ New Charity Commission boss breaks with 'quango queen' predecessor who was slammed for using organisation for political purposes (Glen Owen, Mail Online, Sunday 2 June 2013)
  5. ^ Charities Act 1993, Schedule 2
  6. ^ Charity Commission publication CC23 "Exempt Charities" paragraph 11
  7. ^ Mason, Tania (17 October 2011). "Commission to scrap regulatory compliance cases". Civil Society. Retrieved 21 October 2011. 
  8. ^ Mason, Tania (20 October 2011). "Atlantic Bridge-style investigations were unlawful, say charity lawyers". Civil Society. Retrieved 21 October 2011. 
  9. ^ http://www.thirdsector.co.uk/news/1157267/mp-says-charity-commission-refusal-grant-plymouth-brethren-charitable-status-suppression-religion
  10. ^ http://www.christian.org.uk/news/charity-commission-accused-of-suppressing-christianity
  11. ^ "Charity Commission 1853-1960". The National Archives. 
  12. ^ Peter R. Elson (May 2010). "The Origin of the Species: Why Charity Regulations in Canada and England Continue to Reflect Their Origins". The International Journal of Not-for-Profit Law 12 (3). 
  13. ^ "Charity Commission, A Hampton Implementation Review Report". Department for Business Innovation and Skills. March 2010. 

External links[edit]