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24 January 2008 / Nicholas Hancox
Issue: 7305 / Categories: Features , Local government , Public , Community care
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An education in charity

Where’s the public benefit of subsidising the education of wealthy children? Asks Nicholas Hancox

The advancement of education has been recognised in statute as a charitable activity since the Statute of Charitable Uses 1601. The Charities Act 2006 (ChaA 2006) is the current incarnation of the 1601 law and what is new in the Act is the public benefit test (expected to be in force in March 2008) under which the “advancement of education” may fail to retain its charitable status if it produces insufficient public benefit as that term is defined, not in ChaA 2006, but at common law. The Charity Commission is expressly charged with a duty to draw attention to the operation of the new public benefit test (ChaA 2006, s 7, prospectively inserting a new s 1B into the Charities Act 1993) and the commission has started already, issuing a full-scale consultation document, Draft Public Benefit Guidance, last year and the first tranche of official guidance, Charities and Public Benefit, earlier this month. More guidance will be issued (after consultation) later in 2008 on charities which

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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