Framework Problems: Legal and Administrative Regimes

This chapter considers the problems facing contemporary charities that emanate from the regulatory framework in the jurisdictions studied. The starting point for the chapter, as indeed it has been for the book, is the political frame of reference and its significance for charity. A beginning is therefore made with an appraisal of political influence as a factor in aligning charity law with social policy to create a facilitative environment for appropriate charitable activity. Attention is then given to the central role of the regulator in all charity law frameworks. It examines issues regarding the roles of the different regulators, giving particular attention to the distinction between revenue driven and other regulatory models. It considers the merits of having a lead agency within a regulatory framework and assesses the rival claims of possible contenders. As in practice the relevant regulating body is often determined by the type of legal form adopted by a charity, the chapter then turns to consider legal structures. This entails discussion of matters relating to the distinction between trust and company, the merits of new statutory models, the emergence of hybrid bodies to facilitate partnership arrangements and of implications arising from the growing gap between big and small charities.