Charity Law

Charities and other not for profit organisations number around 600,000 in the UK and together form a growing sector of the economy. The total income of the charitable sector itself is in the region of £43 billion and, with the government promoting a high degree of independence for hospitals, schools and other institutions, the not for profit sector as a whole is growing steadily.

All but the smallest organisations in the sector are businesses which operate within a commercial framework as well as within the structure of charities legislation. Their demand for commercially able charity lawyers is growing fast, as is the number of law firms specialising in Charity Law. In addition, solicitors with expertise in this area are increasingly in demand for urban and rural regeneration projects, PFI contracts, community projects, and projects relating to the arts, sport, education, health and the environment.

This elective will look at charities as businesses and give an overview of:

• The meaning of charity and requirements to register as a charity
• The various legal frameworks available for charitable organisations
• The regulatory system and the role of the Charity Commission
• Raising and using funds
• Trading and commercial ventures
• Tax issues
• Endowment and property transactions
• The role of trustees
• Legal aspects of running a charity

The emphasis will be on the practical legal issues faced by a range of charities, from international to local. Much of the work involves a case study based on a successful charity, registered in 1994 and currently going through major change. There will be opportunities to use working documents and material from the charity and to meet the chairman of trustees.  Internet research will be an important component of the course.

The course will be of particular relevance for those students who want to become charity law specialists and those who want to enter their training contract with a sound grounding in a wide range of commercial law. Many large and medium sized firms seek to attract national and international charities as clients and a knowledge and understanding of the regulatory structure and legal framework within which these organisations operate is a valuable addition to a skills portfolio.

The content of the full-time and part-time course is identical, but they are structured differently.