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Charity Commission for England and Wales

The Charity Commission is established by law as the independent regulator for charities in England and Wales. The Commission fulfils its regulatory role by furthering its statutory objectives to promote the public’s trust and confidence in charitable activity by:

• increasing public trust and confidence in charity
• promoting awareness and understanding of the operation of the public benefit requirement
• promoting compliance by trustees with their legal obligations
• promoting the effective use of charitable resources
• enhancing the accountability of charities to donors, beneficiaries and the public.

The Commission carries out its work by:

• maintaining a public register of charities
• making schemes and orders for charities
• providing general and specific advice to encourage the better administration of charities to enable trustees to carry out their duties and responsibilities
• identifying and investigating mismanagement and misconduct in charities and taking remedial action
• providing information about charities.

Work of the Legal Team

All charities work within a complex legal, accounting and governance framework. The source of the framework is a combination of statute and common law. Understanding the complete legal framework requires not only charity law knowledge but a wide range of legal skills from trust and company law to human rights, from contract to disclosure.

Unusually for a regulator, the Commission has quasi-judicial functions, and may, regarding a number of its powers, exercise the same jurisdiction and powers as are exercisable by the High Court. In addition the Commission has administrative and inquiry powers which it exercises in accordance with its principles of regulation. The Division’s input is integral to ensure that all these powers are exercised inter vires and proportionately.

The Division’s fourteen legal advisers provide specialist legal services to the Commission’s four sites in London, Liverpool, Taunton and Newport.

All legal advisers undertake legally complex operational, policy and litigation casework. The Division also provides a legal advisory service to the Board on issues including Freedom of Information, data protection and procurement; it also plays an active part in the administrative and strategic development of the organisation. Legal advisers hold senior roles within the organisational structure; their responsibilities include the provision of internal training, and participation in project boards and recruitment boards.

The Division aims to maintain and develop legal expertise in charity law and practice; act as legal resource for the Commission; and contribute to the development of relevant law and policy.

Qualified Lawyer Vacancies

Vacancies for posts in the Commission are advertised in the legal press and are provided to the GLS for circulation.

Further Information

For further information:

Visit www.charitycommission.gov.uk

 

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