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Public Benefit in Charity Law

Public Benefit in Charity Law

Author: Jonathan Garton
Publisher: Oxford University Press
ISBN: 9780199550265
Published In: September 2013
Format: Hardback , 288 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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A comprehensive, in-depth study of the public benefit test
Examines the legal principles and practical applications of the public benefit test, enabling practitioners, academics, and charities to make a critical assessment of Charity Commission decisions
Analyses the implications of public benefit for specific types of charity
Considers the position and case law in a range of jurisdictions including the UK, Australia, New Zealand and Canada

Public Benefit in Charity Law: Principles and Practices examines the legal principles and practical applications of the public benefit test in charity law in the UK, Australia, Canada, and New Zealand. In order to obtain charitable status, an organization must not only have exclusively charitable purpose but also demonstrate that it provides a benefit to the public.

There is a considerable body of shared case law on public benefit in these jurisdictions and yet to date there has been no comprehensive study of the topic. It is highly topical, given the many statutory reforms to public benefit in Australia, England, and Scotland, as well as the legislative reforms in Northern Ireland. In England, for instance, the Charities Act 2006 removed the presumption that some charitable purposes automatically provide a public benefit, and for the first time all charities are required to demonstrate that they satisfy the common law public benefit requirements. The impact of the reforms on independent schools and health care charities, which risk losing their charitable status if they are seen as only benefiting private individuals, attracted considerable political and media attention.

The book sets out a critical analysis of the general principles of public benefit that have developed since the emergence of the doctrine in England in the nineteenth century, and its export to the other jurisdictions. These principles are evaluated in the light of the traditional justifications for the public benefit requirement. The book also considers the practical implications of these principles in relation to specific areas of charitable activity in each jurisdictions. The analysis includes issues affecting education, health care provision, religious charities, human rights charities, political campaigning, and environmental action. Reference to other jurisdictions including the Republic of Ireland and the USA is made where such comparison is helpful.

Readership: Primary: Practising lawyers (solicitors and barristers) and academics specialising in charity law in the UK and other countries (in particular Australia, Canada and New Zealand); more generalist commercial practitioners with clients considering use of charitable status; in-house lawyers and policy advisers. Secondary: Professional persons involved with the setting up of management of charities and with charity fund-raising, including accountants, financial advisers, professional fund-raisers, and charity trustees with professional expertise; legal reference libraries.

1: The Emergence of Public Benefit in Charity Law
2: The Elements of Public Benefit
3: Conceptual Public Benefit
4: Demonstrable Public Benefit
5: Cross-Sectional Public Benefit
6: Incidental Private Benefit
7: Religious Purposes
8: Political Purposes
9: Conclusion

Dr Jonathan Garton, LLB, PhD, is Reader in Law at the University of Warwick and a research specialist in voluntary sector law and policy. He has written articles on charity law and is the author of The Regulation of Organised Civil Society.