Dr. Desmond TurnerTo ask the Attorney-General what assessment he has made of the scrutiny carried out by the Charity Commission of the actions of the trustees of the French Convalescent Home with regard to the sale of the home. [27358]
The Attorney-GeneralNone: it is not for me to assess any scrutiny that may have been carried out by the Charity Commissioners into the actions of Charity trustees.
805WI do have a right of appeal against an Order of the Charity Commissioners establishing a scheme for a charity. In the case of the scheme concerning the French Convalescent Home in Brighton my assessment was that grounds on which the court could quash the scheme were not made out.
Dr. Desmond TurnerTo 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-GeneralThe 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.