Chapters: 01 | 02 | 03 | 04 | 05 | 06 | 07 | 08 | 09 | 10 | 11 | 12 | 13 | 14 | 15 | 16
These provisions address three "purposes" related to safeguarding the position of charities:
These purposes are therefore strongly linked to the legal and regulatory framework which governs the administration of charities and their property. Official regulation is a part of the process of assuring public accountability, and gives confidence to those who support charities. The Charity Commission is established by law as the regulator and registrar for the majority of charities in England and Wales. The Commission's statutory functions are exercised for, amongst other purposes, the three purposes set out above. In fulfilling this role the Commission will investigate complaints or other evidence of cause for concern, and then take protective or remedial action, either through the direct use of its powers or through the threat/institution of civil proceedings.
This provision is not, however, limited to the purposes of the Charity Commission. Other public authorities also have functions exercised for the three purposes set out above; for example there are sector-specific regulators, such as the Housing Corporation in relation to registered social landlords, which have a substantial charitable constituency, and there is also the Attorney General.
The Attorney General has a substantial role under both statute and common law in protecting the interests of charity in general. For example the Attorney General may be a necessary party in claims concerning a charity, and he may also instigate or intervene in proceedings himself to protect the charity interest.
Public authorities also need to be aware of other less formal ways in which charity protection purposes may be encountered. Many aspect of public life are delivered in charitable contexts (for example all schools, except community schools and those conducted for private profit, are charities). The charity purposes in section 31 are not limited to functions in relation to charities in general, nor to functions under specific legal frameworks.
The disclosure of information could prejudice the exercise by a public authority of its functions for one of these purposes in a variety of ways. For example, prematurely revealing details of an investigation designed to establish the existence of vulnerable property could lead to the dissipation of the property by those currently in control of it. Revealing a regulator's operational priorities could, in a general way, facilitate the abuse of charities by assisting people to structure the abuse in a way which is unlikely to attract regulatory attention.
The public interest in avoiding any prejudice to the exercise by a public authority of functions for one or other of the three purposes stated above is implicit in the fact that charities, by definition, operate in an altruistic way for the benefit of the public, and obtain tax and other privileges, such as easier access to public funding, on that basis. Of course, the section 2 balancing act still has to be performed. The prevention of more widespread "copycat" abuse through prompt publicity may be a more significant public interest consideration than securing an optimal outcome in one particular case.
Several other exemption provisions of the FOIA are of potential relevance to these charity "purposes". While the Charity Commission itself has not criminal investigation functions, some charity maladministration involves the commission of criminal offences. The investigation of these by the police, and their prosecution by the CPS does of course have an impact on the protection of charities and the Commission co-operates fully in such matters. Also, some charities are companies, subject to the DTI's regulatory jurisdiction.