The Charities Act 2006 Essay Example | Topics and Well Written Essays - 1000 words

The Charities Act 2006 - Essay ExampleThe entire focus of the Act was to streamline the way in which charities be regulated and to ensure that the operations of the jack ladder Commission, the body responsible for generosity regulations are as smooth and as efficient as they can possibly be. On the whole this is a collateral step forward for charities and their trustees.In Section 2 of the Act the charitable purposes are defined and whilst they largely follow the previously accepted charitable purposes the definitions are much clearer. Therefore provided the charity falls within one of these purposes and is for a public benefit it is, prima facie deemed to be a charity.A clear vex in regulation can be seen by the fact that the Charity Commission was reformed to be a body corporate known as The Charity Commission of England and Wales. Due to its corporate nature it is now able to be much more flexible and adaptable in its decision making approach. It will critically be a non mini sterial government body ensuring independence. There is an appeal structure in place and the Charity Commission as it is now structured feeds into the attorney general ultimately. The Charity appeal tribunal can ultimately be appealed to the high court. Areas that can be subject to criticism can be found in the 1993 Act and include issues such as those relating to property. The Lord Chancellor has the ultimate authority to alter the way in which the tribunal works and makes its decisions.As part of its new role the commission will stool a much greater independent influence on the way in which the government makes decisions about charity regulation. It is a key role of the newly established charity commission to look at ship canal in which the overall dealing with charities can be dealt with in a more streamlined way and with full importance given to the way in which society develops over time. Under Section 13 there are Principle Regulators who will work with the commission to dea l with those charities that do not have to be registered. Any body that retains an exempt status will have a principle regulator allocated to them and these will attempt to ensure compliance with the charity law as far as is possible. Typical object lessons of this include Industrial and Provident Societies. Small charities, i.e. those with a gross turnover of less than 5000 are too exempt from the registration obligation. Several processes have been made less time consuming and less costly during the Act. For example under the 1993 Act it was necessary for charities receiving coin from unknown donors to go through court proceedings to get the donors officially designated as unidentified. Section 16 of the Act gives this power to the commission thus removing the pauperism to go through the expense and time of going to court to achieve the same result.In many cases the changes are simply an addition to existing regulations. For example when it comes to giving extra guidance to ch arities and trustees approaching the commission for such guidance, the commission have been given a much more influential role. Under ingredient 29 of the 1993 Act trustees were allowed to ask for written advice. This has been extended under the section 24 of the 2006 Act this has been extended to allow the commission to give advice in proportion to the administrative running of