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Formal Responses to Consultations

CLPU regularly contributes to consultations including providing formal responses to Law Commission and Charity Commission consultation exercises.

Law Commission Call for Evidence on Decentralised Autonomous Organisations (DAOs)

In November 2022, the Law Commission asked for evidence on the use of Decentralised Autonomous Organisations (DAOs). The call for evidence broadly focussed on a number of key issues, namely: how they should be categorised, their organisation structure, their compatibility with trusts, and how other areas of law (including insolvency and anti-money laundering) should deal with them going forwards. Across each of these themes it was possible to explore how charities and the charitable sector would be impacted by the growing usage of DAOs. The written response of Dr John Picton, Dr Matthew Shillito, and Dr John Tribe is below:

Fundraising Regulator – Review of the Code of Fundraising Practice: Public Call for Information

In October 2022, the Fundraising Regulator released a public call for information in relation to the review of the ‘Code of Fundraising Practice’. The call sought information on how the code could be improved to provide an effective regulatory framework, now and in the future. The CLPU response to the call for information is below:

CLPU Submission to Special Public Bill Committee on Charities Bill

In September 2021, CLPU responded to the consultation on the Charities Bill. The CLPU response form and Dr John Picton's written response to the call for evidence are below:

In October 2021, Professor Debra Morris, Dr John Picton, and Dr Mary Synge gave evidence before the Charities Bill [HL] Special Public Bill Committee. 

Watch the proceedings in the House of Lords


Scottish Government Consultation on Scottish Charity Law

In January 2019, the Scottish Government asked for views on potential improvements to the statutory charity regulation framework in Scotland, in light of proposals put forward by the Scottish Charity Regulator (OSCR) and the passage of time since the 2005 Act. The proposals broadly focussed on improvements to charity law that would increase transparency and accountability in order to maintain public trust and confidence in charities and OSCR. The CLPU response to the Consultation is below:

In November 2022, the Scottish Government published the Charities (Regulation & Administration) (Scotland) Bill. The Social Justice and Social Security Committee sought views on the proposals within the Bill, which are largely based on the original 2019 proposals.  The CLPU response to the consultation is below:


Charity Commission Consultation on the use and promotion of complementary and alternative medicine

In March 2017, the Charity Commission consulted on its approach to deciding whether an organisation which uses or promotes complementary and alternative medicine therapies is a charity. The CLPU response to the Consultation is below:


House of Lords Select Committee on Charities

The Select Committee on Charities was appointed by the House of Lords on 25 May 2016 to consider issues related to sustaining the charity sector and the challenges of charity governance. The CLPU response to its call for evidence is below:


Technical Issues in Charity Law

In 2011 the Law Commission undertook a project on Technical Issues in Charity Law comprising: (1) an examination of issues arising from Lord Hodgson’s review of the Charities Act 2006; and (2) a review of the procedures by which charities governed by Royal Charter and by Act of Parliament amend their governing documents. Lord Hodgson’s report, published in July 2012, identified several technical legal problems faced by charities.

Between April and June 2014 the Law Commission consulted on social investment by charities and below is the CLPU response:

The Law Commission then consulted on the remainder of the project, which comprises a collection of discrete technical legal issues and below is the CLPU response:

A supplementary consultation then invited by the Law Commission between 1 September 2016 and 31 October 2016 on 'Changing a Charity's Purposes' and 'Trust Corporation Status' and below is the response:


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