University of the West of England, Bristol

Study Unit Specifications (Elective Subject)

Code: UJXTS6-10-M

Title: Charity Law

Version: 2

Level: M

UWE credit rating: 10

ECTS credit rating: 5 Module Type: Non-MAR

Owning Faculty: Social Sciences and Humanities

Field: Non-modular Field Leader: n/a

Valid From: 01/09/2008 Discontinued from:

Contributes towards: Postgraduate Diploma in Legal Practice

Pre-requisites: none

Co-requisites: none

Excluded combinations: none

1. Rationale:

As with all study units on the programme, the rationale is to prepare the student for the first day of work as a professional lawyer (i.e. as a new trainee solicitor in a firm of solicitors). Specifically in this case, the rationale is to prepare the student for work either in a specialist Charity Law firm / department or in a firm doing general commercial work for charity clients.

2. Learning outcomes:

On completion of the study unit students are expected to be able to (at a professional level):

2.1 Understand the meaning, and historical development of, the concept of charity. The characteristics of charities and the changing framework.

2.2 Analyse and critically evaluate the differing legal structures of charities and other not-for-profit organizations. The ability to draft a simple constitution for a charity.

2.3 Understand the statutory framework of the charitable sector, in particular acquire a good working knowledge of the Charity Acts 1993 and 2006 and other relevant legislation and regulation.

2.4 Appreciate and critically evaluate the regulation of charities, including the roles of the Charity Commission and its structure. The ability to find and use Charity Commission guidance and advise as to its use. The ability to set up and register a charity.

2.5 Understand and critically evaluate trusts and trusteeship as they apply to charities. Also the issues for solicitors who are trustees.

2.6 Analyse and critically assess the funding of charities. In particular the complexities of fund raising and of taxation and the relationship between Her Majesty’s Customs and Revenue regulations and general charity law. Use of charity assets.

2.7 Understand the practical implications of the wide range of charity and other regulation for those running charities. The need for and use of subsidiary trading companies.

2.8 Appreciate and critically evaluate Land Law relevant to charitable institutions. The powers of trustees; permanent endowment, its replacement and its implications; Land Registry regulation; use of charity land.

2.9 Appreciate and critically evaluate the proposals for change and development within the sector.

2.10 Understand the needs and demands of the charity client.

3. Syllabus outline:

The study unit introduces students to the principles and practice of acting for charities and other not-for-profit organizations. In particular students will consider:

3.1 What is a charity? The meaning and extent of charitable objects within an overview of the classification of charities and a consideration of the characteristics of charitable bodies.

3.2 The legal structure of charities. The options available and how the choice made affects the type of constitution developed. Drafting a constitution. Changing a constitution.


3.3 The role of trustees, the implications of trusteeship for the organisation. Responsibilities and duties under the law and the non-executive business role. Conflicts of interest for charity trustees.

3.4 The regulation of charities. The statutory framework and the role of the Charity Commission. Setting up a charity. Exempt charities. Review visits by the Charity Commission.

3.5 Running and funding charities. Management and administration issues within the law applicable to charities. Using the voluntary sector. Fund raising, taxation and trading.

3.6 Charities and land ownership. The statutory constraints and Land Registry regulation. Permanent endowment and use of trust land.

3.7 The client's perspective - case studies from practice to bring together all strands of the course.

4. Teaching & learning methods:

      - case studies and other practical factual scenarios: e.g. in depth investigation of a named charity and study of various Charity Commission examples and guidance

      - individual and group work to identify relevant legal, practical, taxation and commercial issues arising from factual scenarios / transactions

      - individual and group presentations

      - preparation of memos to (notional) ‘colleagues’ within an office environment

      - writing letters of advice to (notional) clients

      - drafting (or amending) relevant structural and transactional documents: e.g. various charitable constitutions, including trust deeds and memoranda & articles of association; licences and contracts

      - individual and group review of Charity Commission web-site and sector magazines/periodicals to track relevant activity in the charity sector

5. Indicative sources:

    - relevant legislation: in particular Charities Acts 1993 and 2006

    - relevant academic and practice texts: Tudor on Charities; Tolley’s Charities Manual; Charitable Status, A Practical Handbook; Charities: The New Law 2006

    - Charity Commission materials; Operational Guidance; advisory booklets

    - Specific web-sites: Charity Commission, individual charity sites; government sites

6. Assessment Infrastructure:

One 3-hour unseen, open book examination (with an additional 30 minutes of reading time).

The examination constitutes 100% of the marks for the study unit. The pass mark is 50%.

Second and final attempts: Re-assessment is by the same method as detailed above. See Assessment Regulations for further details.

Specification confirmed by ............................................... Date .......

(Associate Dean,)

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