Search Legislation

Charities Act 2006

Commentary on Sections

Section 4: Guidance as to operation of public benefit requirement

28.The Act gives the Charity Commission a set of new objectives (see section 7), one of which is to promote understanding and awareness of the operation of the public benefit requirement. Section 4 requires the Commission to issue guidance in pursuance of that objective (subsection (1)) and allows the Commission to revise its guidance from time to time (subsection (3)). Revision of the guidance will be needed if there are changes in society which bring about developments in the legal concept of public benefit.

29.Subsection (4) requires the Commission to carry out consultations before issuing its guidance under this section. It must also carry out consultations before revising guidance that it has already issued, unless it thinks that consultations are not needed (because, for example, the revisions are so slight as not to justify the time and expense of consultations).

30.Subsection (5) requires the Commission to publish its guidance under this section, but allows it to choose the most appropriate manner of publication – for example, as a printed document; as a document on a website; etc.

31.Although the Commission will be legally required by subsection (1) of this section to issue guidance, the guidance will not be legally binding on charity trustees. Subsection (6) will not put charity trustees under a legal obligation to agree with or to follow the guidance but it will require them to take the guidance into consideration when doing anything, in the administration of their charity, to which the guidance is relevant.

Back to top

Options/Help

Print Options

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources