The 'new' public benefit requirement : making sense of charity law? / Mary Synge.

Includes bibliographical references and index.

Online resource; title from PDF title page (EBSCO, viewed July 20, 2015).

Cover; Half-title; Title; Copyright; Dedication; Foreword; Acknowledgements; Contents; 1. Introduction; 2. Charitable Status and Public Benefit: The Law; I. Introduction; II. The 2006 Act; III. Charitable Status and the Meaning of 'Public Benefit' in Case Law; 3. Charitable Status and Public Benefit: The Commission; I. Introduction; II. Questions of Privilege, Changing Law and Public Benefit Duties; III. The Commission's Interpretation of Public Benefit; IV. Once a Charity, Always a Charity?; 4. Poverty and the Charging of Fees: The Law; I. Introduction.

II. The Relevance of Poverty in Charity LawIII. A Charity May Charge for Its Services, Provided It is Non-Profit Making; 5. Poverty and the Charging of Fees: The Commission; I. Introduction; II. The Commission's Legal Analysis; III. The Commission's Guidance; 6. The Commission's Implementation of the Public Benefit Requirement; I. Introduction; II. The Assessment of Public Benefit; III. The Reports; IV. Results of the Assessments; 7. Charitable Status in Scotland; I. Introduction; II. The Charity Test; III. The Scottish Register and the Rolling Review.

IV. Charitable Status in the Two Jurisdictions8. The Guidance is Challenged: The Upper Tribunal; I. Introduction; II. The Decision in Summary; III. The Tribunal's Analysis of Authorities; IV. The Four Elements of the Ruling; V. Application of the Four Elements: Charitable Status; VI. The Theoretical Basis of the Decision; 9. More Recent Developments; I. Introduction; II. Lord Hodgson's Review; III. The Report of the Public Administration Select Committee; IV. The Government's Response; V. The Commission's Revised 2013 Guidance and Legal Analysis; VI. Developments in Other Jurisdictions.

10. ConclusionsBibliography; Index.

This book examines the 'public benefit requirement', which provides that a charity's purposes must be for the public benefit. This requirement was given statutory force by the Charities Act 2006, which also provided that 'public benefit' is to be construed in accordance with existing case law and not presumed. The author examines guidance published by the Charity Commission in 2008 and 2013 and measures its accuracy against principles extrapolated from case law, with a focus on fee-charging charities, and independent schools in particular. She also considers the implementation of the Charity C.

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