Decisions - case summaries arranged by year
Decisions - full alphabetical index
Decisions published in 2013
The Gilstrap Charity
The Commission received representations about a proposed scheme that would amend the objects of the Gilstrap Charity, as declared in an earlier Scheme dated 28 August 1990, to allow the trustees to either sell or lease the Gilstrap building and to provide for how the proceeds of sale would be used. The building was originally gifted as a public library to the people of Newark by William Gilstrap in 1883.
The trustee had set out proposals to lease the property because the investment income was insufficient to pay for the maintenance and repair of the building and funding, which had previously been available, was not to remain available. The trustee made a case that monies arising from a lease could be better used for the charity’s purposes, without being tied to a specific building.
Any future disposal of the property ( by lease or sale) may only proceed if the trustee decides that the land is no longer required for use in furtherance of the objects of the charity and the decision to dispose is confirmed following a period of consultation with the inhabitants of the area of benefit.
The review was conducted by a senior manager who gave those who had commented on the draft scheme the opportunity to clarify their representations by telephone.
The Commission may only make a scheme to change the purposes of a charity in certain circumstances (known as the “cy-pres principles”). The reviewer concluded that, a cy-pres occasion had arisen which fell within the scope of the cy-pres principles and that the proposed scheme was the appropriate cy pres application in the circumstances of this case. . The reviewer decided that the scheme should be made, without modification.
The scheme was made on 5 March 2013.
The Marriage Foundation
The Commission considered an application by The Marriage Foundation ("the Foundation") for registration as a charity. The Foundation’s primary object was concerned with advancing the education of the public about marriage and its benefits for children, adults and society.
The Commission formed the view that the Foundation's objects were not exclusively charitable and, in particular, that it was concerned to promote marriage rather than simply to educate the public about it. As such the Foundation could not be entered onto the register of charities. The Foundation applied for decision review.
The review was conducted by a Commission lawyer who met the promoters of the Foundation to discuss its objects and the aims of the Foundation. On discussion, it was clear that the original objects submitted to the Commission did not accurately reflect the Foundation’s purposes, which appeared to be exclusively charitable and for the public benefit.
The Foundation has amended its objects, which are now:
- To safeguard and protect the physical and mental health of adults and children, and to prevent hardship poverty and distress, by raising awareness of the means by which successful relationships (including but not limited to married relationships) can be developed and strengthened and the breakdown of relationships avoided.
- To promote research into all aspects of the establishment, maintenance and development of successful relationships (including but not limited to married relationships) and to publish the useful results thereof.
- To promote the effectiveness and efficiency of charities concerned with the creation and maintenance of successful relationships (including but not limited to married relationships), for the benefit of the public, in particular, but not exclusively, by organising conferences and disseminating the results of relevant research.
The Commission has now entered the Foundation on the register of charities.
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