An Act to declare charitable under the law of England and Wales the provision in the interests of social welfare of facilities for recreation or other leisure-time occupation, to make similar provision as to certain trusts heretofore established for carrying out social welfare activities within the meaning of the Miners’ Welfare Act 1952, to enable laws for corresponding purposes to be passed by the Parliament of Northern Ireland, and for purposes connected therewith.
Text of the Recreational Charities Act 1958 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
The 1958 Act recognised the place of "recreational facilities" within English law on charitable trusts. In trusts law, there are requirements that such trusts contain both a charitable purpose and public benefit.[2]
Charitable trusts are invalid if they include "purely recreational pastimes", as in IRC v City of Glasgow Police Athletic Association;[3] even though the purpose of the charity was to improve the efficiency of the police force, the fact that this included a recreational element invalidated the trust. In response to this case and IRC v Baddeley,[4] the Recreational Charities Act was passed.[5]
The Act provides, in Section 1, that "it shall be and be deemed always to have been charitable to provide, or assist in the provision of, facilities for recreation or other leisure-time occupation, if the facilities are provided in the interests of social welfare". This preserves the requirement of public benefit, with acceptable "social welfare" interests being where the facilities are dedicated to "improving the conditions of life" of the young, old, physically handicapped, poor or people with extenuating "social or economic circumstances".[6] Section 1(3) provides the facilities at women's centres, community centres and sports grounds as particular examples of ones advancing "social welfare". In Section 2 the Act specifically covers trusts set up before 17 December 1957 for social welfare purposes as defined in the Miners’ Welfare Act 1952 (even if they pre-dated that Act). Section 3 of the Act notes that the provisions do not validate, invalidate or disturb any charities established before 17 December, while Sections 4 and 5 note that the Act applies to both Northern Ireland and the Crown.[7]
Section 2, dealing with trusts established under the Miners' Welfare Act, was repealed (with savings) by the Charities Act 2006,[8] while Section 4 was repealed by the Northern Ireland Constitution Act 1973.[9] The Act was subject to judicial interpretation in Guild v IRC, where it was decided that recreational charities could be for public benefit if they impacted on the public in general, not just the categories of people listed in Section 1; Lord Keith stated "the fact is that persons from all walks of life and all kinds of social circumstances may have their conditions of life improved by the provision of recreational facilities of a suitable nature".[10]
Price, Leolin (1958). "Recreational Charities Act, 1958". Modern Law Review. 21 (5). Blackwell Publishing. ISSN 0026-7961.
May 11, 2024
recreational, charities, 1958, eliz, parliament, united, kingdom, that, repealed, entirety, charities, 2011, parliamentparliament, united, kingdomlong, titlean, declare, charitable, under, england, wales, provision, interests, social, welfare, facilities, recr. The Recreational Charities Act 1958 6 amp 7 Eliz 2 c 17 was an Act of the Parliament of the United Kingdom that was repealed in its entirety by the Charities Act 2011 1 Recreational Charities Act 1958Act of ParliamentParliament of the United KingdomLong titleAn Act to declare charitable under the law of England and Wales the provision in the interests of social welfare of facilities for recreation or other leisure time occupation to make similar provision as to certain trusts heretofore established for carrying out social welfare activities within the meaning of the Miners Welfare Act 1952 to enable laws for corresponding purposes to be passed by the Parliament of Northern Ireland and for purposes connected therewith Citation6 amp 7 Eliz 2 c 17Territorial extent England and Wales Northern IrelandDatesRoyal assent13 March 1958Repealed14 March 2012Other legislationAmended byCharities Act 2006Northern Ireland Constitution Act 1973Statute Law Repeals Act 2004Repealed byCharities Act 2011Status RepealedText of statute as originally enactedText of the Recreational Charities Act 1958 as in force today including any amendments within the United Kingdom from legislation gov uk The 1958 Act recognised the place of recreational facilities within English law on charitable trusts In trusts law there are requirements that such trusts contain both a charitable purpose and public benefit 2 Charitable trusts are invalid if they include purely recreational pastimes as in IRC v City of Glasgow Police Athletic Association 3 even though the purpose of the charity was to improve the efficiency of the police force the fact that this included a recreational element invalidated the trust In response to this case and IRC v Baddeley 4 the Recreational Charities Act was passed 5 The Act provides in Section 1 that it shall be and be deemed always to have been charitable to provide or assist in the provision of facilities for recreation or other leisure time occupation if the facilities are provided in the interests of social welfare This preserves the requirement of public benefit with acceptable social welfare interests being where the facilities are dedicated to improving the conditions of life of the young old physically handicapped poor or people with extenuating social or economic circumstances 6 Section 1 3 provides the facilities at women s centres community centres and sports grounds as particular examples of ones advancing social welfare In Section 2 the Act specifically covers trusts set up before 17 December 1957 for social welfare purposes as defined in the Miners Welfare Act 1952 even if they pre dated that Act Section 3 of the Act notes that the provisions do not validate invalidate or disturb any charities established before 17 December while Sections 4 and 5 note that the Act applies to both Northern Ireland and the Crown 7 Section 2 dealing with trusts established under the Miners Welfare Act was repealed with savings by the Charities Act 2006 8 while Section 4 was repealed by the Northern Ireland Constitution Act 1973 9 The Act was subject to judicial interpretation in Guild v IRC where it was decided that recreational charities could be for public benefit if they impacted on the public in general not just the categories of people listed in Section 1 Lord Keith stated the fact is that persons from all walks of life and all kinds of social circumstances may have their conditions of life improved by the provision of recreational facilities of a suitable nature 10 References edit SCHEDULE 10 Charities Act 2011 Edwards 2007 p 211 1953 1 All ER 747 1955 A C 572 Edwards 2007 p 223 Price 1958 p 535 Price 1958 p 536 Lexis Library Document subscription needed LexisNexis Retrieved 26 May 2010 Lexis Library Document subscription needed LexisNexis Retrieved 26 May 2010 Edwards 2007 p 224Bibliography editEdwards Richard Nigel Stockwell 2007 Trusts and Equity 8th ed Pearson Longman ISBN 978 1 4058 4684 4 Price Leolin 1958 Recreational Charities Act 1958 Modern Law Review 21 5 Blackwell Publishing ISSN 0026 7961 Retrieved from https en wikipedia org w index php title Recreational Charities Act 1958 amp oldid 1181027814, wikipedia, wiki, book, books, library,
