Following the reforms to the Charities Act 2011 (brought in by the Charities Act 2022) which came into force on the 14th June 2023, TMCP has been updating our guidance to Managing Trustees.
Amongst other changes, the Charities Act 2022 made changes to the requirements which charity trustees must comply with when seeking advice on the disposal of property and who can give such advice. Since 14th June 2023, charity trustees have been required to obtain a Designated Adviser’s Report (DAR) dealing with the points set out in The Charities (Dispositions of Land: Designated Advisers and Reports) Regulations 2023 (2023 Regulations).
As well as updates to our web pages and checklists to account for these changes, TMCP produced a Template DAR for Methodist Managing Trustees. This has been available on our Website since July 2023 to ensure that Managing Trustees continue to have a template form to help them obtain the specific advice they need under charity law and as Methodist Managing Trustees. You can download the template and read the accompanying guidance on the Template DAR page of our website.
We have also now launched a revised Template Instruction Letter which you can use to instruct your chosen designated adviser to prepare your DAR. The Template Instruction Letter should assist you in explaining who is instructing the designated adviser and what you need from them in order to satisfy yourselves that the ultimate terms proposed are the best you can reasonably get for the charity. Managing Trustees are obliged to satisfy themselves of this under s.119(1)(c) of the 2011 Act (as amended).
The DAR Focus Note with more detailed guidance on DARs will be available shortly.
In the meantime, if you have any questions about DARs or the other updates to the Charities Act 2011, please contact TMCP Legal.