Public Benefit

Section 4 of the Charities Act 2011 defines what lawyers mean by 'the public benefit requirement': the requirement in section 2(1)(b) that a purpose falling within section 3(1) — the Act's list of charitable purposes — must be for the public benefit if it is to be a charitable purpose at all.

Crucially, the Act removes any assumption that a purpose is automatically for the public benefit just because it belongs to a traditionally charitable category. In determining whether the public benefit requirement is satisfied in relation to any purpose falling within section 3(1), it is not to be presumed that a purpose of a particular description is for the public benefit — trustees must be able to demonstrate the public benefit of their organisation's purposes, not simply assume it.