Written question asked by Desmond Turner (Labour) on Friday, 30 January 1998, in the House of Commons. It was due for an answer on Friday, 6 February 1998. It was answered by Lord Morris of Aberavon (Labour) on Friday, 6 February 1998 on behalf of the Attorney General.

Attorney General

Question: To ask Mr Attorney General, if he will comment on the extent to which trustees should be required to exercise duties and responsibilities before the Charity Commission exercises its discretion under the Charities Act 1993.

Answer: Dr. Desmond Turner: To ask the Attorney-General if he will make a statement on the extent to which trustees should be required to exercise duties and responsibilities before the Charity Commission exercises its discretion under the Charities Act 1993. [27359] The Attorney-General: The Charity Commission, in pursuit of its statutory responsibility for promoting the effective use of charitable resources, makes guidance available to all charity trustees on the exercise of their duties. This explains that trustees must at all times act reasonably and prudently in matters relating to the charity and that they must always bear in mind the interests of the charity. While charity trustees remain responsible for the administration of their charity within its existing trusts, the Commission has the power to establish a scheme for the future administration of a charity where it is clear that the charity's trusts have ceased to provide a suitable and effective method of using the available assets. It is the duty of the trustees to consider seeking such a scheme in those circumstances or where there are other difficulties in giving effect to the charity's original objectives.

Secondary information