 |
MARCH 2008 |
 |
|
This material will shortly be available at our web-site (www.russell-cooke.co.uk) together with an archive of past updates.
GOVERNANCE – PUBLIC BENEFITPublic benefit test begins to bite The Public benefit test - Has it created its first victim? Salisbury NHS Foundation Trust wanted to set up a charity to carry out the work within their area for private patients. The Commission refused registration on the basis that health treatment would not be available to the public at large but only to those with the ability to pay fees. Illustrated fees range from £661 for a colonoscopy to over £8,000 for a knee replacement. The review commented that such sums were out of reach of the poor and there was no prospect of fees being waived for those who could not afford it. The dual test that is now applied to all charities is they have to be able to show that they exclusively: (a) Pursue a charitable object It seems likely that there may be a review of this decision by the courts, but it shows that the Commission is serious about applying the public benefit test to a situation where charges by the charity effectively exclude significant sections of the public from benefit. Decision: http://www.charity-commission.gov.uk/Library/registration pdfs/odstockdecision.pdf The General Benefit Public Benefit Guidance is also available on the Commission website. For further information please contact:
PROPERTY – AUTHORISED USEAuthorised Use of Property under Planning Law The case of M & M (Land) Limited -v- Secretary of State of Communities and Local Government is a reminder that confirming the authorised use for a particular property under planning law can be a difficult question. The case in particular involves a property where there was a certificate of lawful use. Such a certificate authorises a use for planning purposes, in the absence of an appropriate planning permission, where a property has been used for a particular purpose for an unbroken period of 10 years, or of 4 years in the case of development works or use for residential purposes. The case held that notwithstanding the existence of such a certificate, if the use that it authorised was effectively abandoned, then the certificate would no longer have effect and the land would require a planning permission in order to authorise any use. In fact, even where there is a planning permission, if the use authorised under the planning permission has been abandoned, then there will be no authorised use and a planning permission will be required for any further use. This can be important where charities are acquiring premises. If there appears to be a planning permission authorising what the charity wants to do at the property, that is not conclusive. If the property has been used for a purpose not authorised by that planning permission after the planning permission was granted, then there is a possibility that the authorised use could be regarded as having been abandoned, and the charity will require a new planning permission in order to use the property. In fact, charities should also be aware that the fact that a planning permission has been granted does not necessarily mean that it has ever come into effect. If the authorised use has not been carried out within the time limit required by the planning permission (commonly 5 years), the planning permission will in fact have lapsed, without ever becoming effective. It is essential therefore to raise enquiries of the seller or landlord, or their solicitors, regarding previous use of the property as well as carrying out local searches and enquiries of the planning authority. M & M (Land) Limited -v- Secretary of State of Communities and Local Government [2007] All ER D 55 For further information, please contact:
CHARITIES ACT 2006 – COMMENCEMENT TIMETABLEThe third order commencing provisions of the Charities Act 2006 has been made, bringing a number of provisions into force on 18 March 2008. The provisions commenced by this order are:
Fourth Commencement Order A fourth commencement Order is expected shortly to bring into force the following provisions from 1 April 2008:
For further information please contact:
EVENTSProgramme of Evening Seminars 2007/2008 Tuesday 22 April 2008 Wednesday 14 May 2008 For booking information please contact Janev Djemil on 020 8394 6372. Janev.Djemil@russell-cooke.co.uk
The Trustee Conference 2008 – Thursday 26 June 2008 For more details and for booking information please follow this link http://www.russell-cooke.co.uk/serv_c&o_charities_events.htm The Employment Law Conference – Thursday 9 October 2008 For more information or to register for the conference please contact Janev Djemil on 020 8394 6372. Janev.Djemil@russell-cooke.co.uk The Charity Team
This material does not give a full statement of the law. It is intended for guidance only, and is not a substitute for professional advice. No responsibility for loss occasioned as a result of any person acting or refraining from acting can be accepted by Russell-Cooke. Copyright: Russell-Cooke, March 2008 To subscribe to this monthly legal update please visit http://www.russell-cooke.co.uk/serv_charities_intro.htm and fill in the online request form, or send an email including your name and email to, charitylegalupdates@russell-cooke.co.uk An archive of past updates can be found at http://www.russell-cooke.co.uk/serv_charities_updates.htm If you would like to reproduce some or all of our updates in your own publication, contact KATE SLATTERY on 020 8394 6458, kate.slattery@russell-cooke.co.uk
If you would rather not receive emails from Russell-Cooke you can unsubscribe by clicking here. |