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What are the rules governing becoming and staying a charity?

Derek Canning LLB [HONS] (Account suspended) made this Freedom of Information request to Charity Commission for England and Wales

The request was partially successful.

From: Derek Canning LLB [HONS] (Account suspended)

12 May 2009

Dear Sir or Madam,

What are the rules governing becoming and staying a charity?

What is the active definition of a non political organisation in
the eyes of the charity Commission?

Can a charitable organisation start a separate organisation for
profit and still use the charitable name for both organisations.

Can you please supply the charitable remit that the RSPB have to
follow to stay a charity?

Yours faithfully,

Derek Canning LLB [hons]

Link to this

From: Web Enquiries
Charity Commission for England and Wales

12 May 2009

Thank you for your email to the Charity Commission.

We aim to give you a full and clear response within fifteen working days
from receipt of your email. We will ensure that our response is both
accurate and appropriate.

This is the same service standard we apply to letters and faxes but
Charity Commission Direct will usually respond to general email enquiries
within five working days where there is no need for referral to one of our
specialist operational teams.

If we cannot give you a full response within fifteen days, we will contact
you and let you know the reasons why this is not possible and indicate
when we expect to be in a position to give you a full response. We will
also let you have the name and contact number of the person dealing with
your query.

You can find the Commission's contact details on our website at
[1]http://www.charitycommission.gov.uk/tcc/...

This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender and
delete
the original message from your system.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. http://www.charitycommission.gov.uk/tcc/...

Link to this

From: Young, Daphne
Charity Commission for England and Wales

22 May 2009

Dear Mr Canning

Thank you for your email of 12 May requesting information under the
Freedom of Information Act 2000.

To register as a charity an organisation must be established for
exclusively charitable purposes for the public benefit. The
Commission’s guidance on registration as a charity is available on our
website at:

CC21 Registering as a Charity

[1]http://www.charitycharitycommission.gov....

To be a charity an organisation must be established for charitable
purposes for the public benefit. An organisation will not be charitable
if its purposes are political. The Commission’s guidance on political
activity by charities is available on our website at:

CC9 Speaking Out – Campaigning and Political Activity by Charities

[2]http://www.charitycommission.gov.uk/publ...

A charity’s trading subsidiary should have a name which is distinct from
that of its parent charity to avoid confusion between the two
organisations. However, the parent charity’s name could be included as
part of the name of the trading subsidiary. The Commission’s guidance
on trading by charities is available on our website at:

CC35 Trustees, trading and tax: How charities may lawfully trade

[3]http://www.charitycommission.gov.uk/publ...

I am not entirely sure what you mean by “the charitable remit that the
RSPB have to follow to stay a charity”. If you are referring to the
general law regarding charities then this is a very broad area and the
guidance on our website may be of assistance to you. If you mean the RSPB
specifically, the charity must act within the terms of its own governing
document. This is a Royal Charter and Statutes which can be found on the
charity’s website at:

[4]http://www.rspb.org.uk/about/run/charter...

If you are unhappy with our response to your FOI request, have a complaint
or wish to request a review of our FOI decision, you should write to:
Charity Commission Direct, PO Box 1227, LIVERPOOL, L69 3UG. Please state
what it is you are dissatisfied with as this will assist us when we review
our response. If you request a Decision Review you will be notified of our
final decision.

If after this you remain unhappy with the decision, you may apply directly
to the Information Commissioner (ICO) for a decision. Generally, the ICO
cannot make a decision unless you have exhausted our complaints
procedure. The Information Commissioner can be contacted at: The
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.

Yours sincerely

Daphne Young

Large Charities Division

------------------- Original Message

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From: Derek Canning LLB [HONS] (Account suspended)

25 May 2009

Dear Young, Daphne,

How can the the RSPB remain a charity if they are involved in
making the laws that control use and enforce the laws that can send
use to jail. Surely that is a political organisation like the
government of the day.

Yours sincerely,

Derek Canning LLB [HONS]

Link to this

From: Daphne Young
Charity Commission for England and Wales

25 May 2009

I am out of the office until 27 May.

Your message has not been forwarded. If it is urgent please contact one
of my colleagues

Ray Mitchell on 0207 674 2335 or [email address]

Martin Pilkington on 0207 674 2344 or
[email address]

This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender and
delete
the original message from your system.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Link to this

From: Daphne Young
Charity Commission for England and Wales

29 May 2009

Dear Mr Canning

Thank you for your email.

A charity is entitled to campaign for legislation and to enforce
legislation where doing so will facilitate or promote the charity's work
in some way. If you have a specific complaint about the RSPB, we will
be very happy to consider whether or not that complaint raises concerns
that the Commission should investigate.

Yours sincerely

Daphne Young

Daphne Young
Large Charities Division

Charity Commission Direct
PO Box 1227
Liverpool
L69 3UG

W: www.charitycommission.gov.uk
0845 300 0218

show quoted sections

Link to this

From: Derek Canning LLB [HONS] (Account suspended)

29 May 2009

Dear Daphne Young ,

'A charity is entitled to campaign for legislation and to enforce
legislation where doing so will facilitate or promote the charity's
work in some way. If you have a specific complaint about the RSPB,
we will be very happy to consider whether or not that complaint
raises concerns that the Commission should investigate'.

But are the RSPB allowed to write the law and get their members to
pass it through the the various Bill stages and when the Bill
becomes an Act to collect evidence and help prosecute people
through withholding evidence and perjury.

Yes I would like to make a complaint and supply the evidence that I
have of the RSPB perverting the course of justice. Please supply an
email and I will supply the evidence.

Yours sincerely,

Derek Canning LLB [HONS]

Link to this

From: Derek Canning LLB [HONS] (Account suspended)

30 May 2009

Dear Sir or Madam,

Are the RSPB allowed to contract out for work on the open market?

Department for Environment, Food and Rural Affairs
Procurements & Contracts Division
Area 4D
Nobel House
17 Smith Square
London
SW1P 3JR
Telephone 020 7 238 6955
Email [email address] Website www.defra.gov.uk

Mr Ben Addison

[email address]

Our ref RFI2665/FOI179
Date 29 May 2009

Dear Mr Addison,

Provision of requested information

Thank you for your request for information, which we received on 20
April 2009. Your
request has been considered under the Freedom of Information Act
2000.
You asked whether Defra has hired the RSPB as a private contractor
for environmental
services, consultancy or research 2006-2007.
The Department’s core financial system does not enable us to
extract detailed information,
but from looking at our historical Requisition Category Codes for
the financial year 2006-
2007, we are able to confirm that during that period the Department
has paid the RSPB
for environmental services, consultancy and research.
Any reformulated request the department receives from you will be
treated as a fresh FOIA
request.

In keeping with the spirit and effect of the Freedom of Information
Act 2000 all information
is assumed to be releasable to the public unless exempt. The
information you requested
may now be published on our website together with any related
information that will
provide a key to its wider context.

If you are unhappy with the service you have received in relation
to your request you may
make a complaint or appeal against our decision within 40 working
days of the date of this
letter. Please write to Clive Porro, Head of Defra’s Information
Rights Team at, Area1B
Ergon House London SW1P 2AL, who will arrange for an internal
review of your case.
Details of Defra’s complaints procedure can be found at:
www.defra.gov.uk/corporate/complain/inde....

If you are not content with the outcome of the internal review, you
have the right to apply
directly to the Information Commissioner for a decision. Please
note that generally the

--------------------------------------------------------------------------------

Information Commissioner cannot make a decision unless you have
first exhausted
Defra’s own complaints procedure. The Information Commissioner can
be contacted at:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Yours sincerely

Shona Paul
Procurement Information Coordinator
Procurement and Contracts Division

Yours sincerely,

Derek Canning LLB [HONS]

Link to this

From: Web Enquiries
Charity Commission for England and Wales

30 May 2009

Thank you for your email to the Charity Commission.

We aim to give you a full and clear response within fifteen working days
from receipt of your email. We will ensure that our response is both
accurate and appropriate.

This is the same service standard we apply to letters and faxes but
Charity Commission Direct will usually respond to general email enquiries
within five working days where there is no need for referral to one of our
specialist operational teams.

If we cannot give you a full response within fifteen days, we will contact
you and let you know the reasons why this is not possible and indicate
when we expect to be in a position to give you a full response. We will
also let you have the name and contact number of the person dealing with
your query.

You can find the Commission's contact details on our website at
[1]http://www.charitycommission.gov.uk/tcc/...

This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender and
delete
the original message from your system.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. http://www.charitycommission.gov.uk/tcc/...

Link to this

Derek Canning LLB [HONS] (Account suspended) left an annotation ( 1 June 2009)

Political organisation
From Wikipedia, the free encyclopedia
(Redirected from Political organization)
Jump to: navigation, search
A political organization is an organization that involves itself in the political process. In a broader sense, a political organization can also be viewed as a political system, as long as it includes the entire system and body of government. It is a part of the total organization concerned with the preservation of social order within a specified territory by a duly recognized authority. It also creates a form of structure to abide by.

Link to this

From: LCD
Charity Commission for England and Wales

8 June 2009

Dear Mr Canning

Thank you for your email of 30 May requesting information under the
Freedom of Information Act 2000.

Paragraph 4 (f) of the RSPB's Royal Charter gives it power to 'enter into
contracts with governments, institutions and others for the execution of
work by the Society that is in furtherance of the Objects'.

If you are unhappy with our response to your FOI request, have a complaint
or wish to request a review of our FOI decision, you should write to:
Charity Commission Direct, PO Box 1227, LIVERPOOL, L69 3UG. Please state
what it is you are dissatisfied with as this will assist us when we review
our response. If you request a Decision Review you will be notified of our
final decision.

If after this you remain unhappy with the decision, you may apply directly
to the Information Commissioner (ICO) for a decision. Generally, the ICO
cannot make a decision unless you have exhausted our complaints
procedure. The Information Commissioner can be contacted at: The
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.

yours sincerely

Daphne Young

Large Charities Division

Charity Commission

------------------- Original Message

show quoted sections

Link to this

From: Daphne Young
Charity Commission for England and Wales

8 June 2009

Dear Mr Canning

Thank you for your email of 29 May.

A charity can campaign for a change in the law if this supports its own
charitable purpose. The Commission's guidance on political activity by
charities is available on our website at:

CC9 Speaking Out - Campaigning and Political Activity by Charities
http://www.charitycommission.gov.uk/publ....

If you wish to make a complaint you should email it to
[email address] or via our website.

If you are unhappy with our response to your FOI request, have a
complaint or wish to request a review of our FOI decision, you should
write to: Charity Commission Direct, PO Box 1227, LIVERPOOL, L69 3UG.
Please state what it is you are dissatisfied with as this will assist us
when we review our response. If you request a Decision Review you will
be notified of our final decision.

If after this you remain unhappy with the decision, you may apply
directly to the Information Commissioner (ICO) for a decision.
Generally, the ICO cannot make a decision unless you have exhausted our
complaints procedure. The Information Commissioner can be contacted at:
The Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire SK9 5AF.

Yours sincerely

Daphne Young

Large Charities Division
Charity Commission

show quoted sections

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