Peers approve order to speed up CIO conversion

The House of Lords passed an order that would allow charities and community interest companies to convert to charitable incorporated organisations more quickly

The House of Lords has approved potential legislation that would allow charities and community interest companies to convert quickly to charitable incorporated organisations.

In a debate on Tuesday, peers approved the Charitable Incorporated Organisations (Consequential Amendments) Order 2017, which would also provide an appeals process for CICs.

Speaking in the Lords, Lord Ashton of Hyde, parliamentary under-secretary at the Department for Digital, Culture, Media and Sport, said the rest of the legislation, which was introduced in September, would be laid before the house once the order had passed.

CIOs were included in the Charities Act 2006 and were introduced as a new legal structure in 2013 after significant delays. They allow charities to enter into contracts as corporate entities with limited liability for trustees and members.

The new legislation would allow community interest companies and charities with company structures to convert quickly into CIOs from January.

Charities taking up CIO status do not need to register with Companies House and are not subject to company law, but are registered with and regulated by the Charity Commission.

More than 12,500 new CIOs have been registered with the Charity Commission since 2013.

It is expected that the DCMS will produce a response to the order in the coming weeks.

Source link

Tribunal overturns Charity Commission name-change order

The regulator had ordered the Cambridge Islamic College to change its name because it was too similar to the nearby Cambridge Muslim College

The charity tribunal has ruled that an Islamic college does not need to change its name, overturning an order issued by the Charity Commission last year.

The tribunal’s decision, which was published this week after a hearing was held last month, said that Cambridge Islamic College should not have to change its name despite a section 42 order issued by the commission.

The Charity Commission had ordered the name change in September last year because of similarities with the existing Cambridge Muslim College, which made a formal complaint to the commission in June 2016.

But the tribunal ruled that the regulator’s order “gave inadequate consideration to a number of important factors” and should be quashed.

It is the first time the tribunal has overturned a Charity Commission order since June 2015.

The Charity Commission said it had concerns about the tribunal’s judgment and was considering an appeal.

The tribunal ruling said the commission ordered Cambridge Islamic College to change its name because it was similar enough to Cambridge Muslim College to give the impression that they were connected, when they were in fact separate organisations.

The commission had also concluded there was evidence of people confusing the two charities, and a likelihood of further confusion and potential financial loss to Cambridge Muslim College if Cambridge Islamic College retained its existing name, the commission decided.

Cambridge Islamic College then appealed the decision to the charity tribunal, although an internal review by the commission concluded in December that the name-change order should stand.

Cambridge Islamic College argued during the tribunal hearing that the words “Islamic” and “Muslim” were both distinct words with different meanings – which differed from the Charity Commission’s ruling that the words were interchangeable – and that the two charities’ objects were sufficiently different.

The tribunal also heard that Cambridge Islamic College feared financial losses would occur after the name change took place.

The tribunal specifically said the regulator’s order did not provide any evidence to back its claim that the words “Islamic” and “Muslim” were interchangeable, and questioned the regulator’s claim that general confusion about the two charities fulfilled a legal test of whether a charity was giving an impression of a relationship to another.

The commission’s original decision also failed to consider the financial impact on Cambridge Islamic College of the name change, the tribunal ruled, and the regulator did not properly carry out a two-stage test as part of the name-change order.

Chris Willis Pickup, head of litigation at the Charity Commission, said: “We have some concerns about the tribunal’s approach to the legal framework for our name-change power, particularly that its narrow interpretation of the legal tests might prevent the commission from acting where there is a genuine issue with a charity’s name.

“We are therefore considering whether to appeal this decision to the upper tribunal to clarify the legal framework.”

Source link