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Randall Ghent
Business Operations Manager
Act TravelWise
Tel: 020 8144 7366
Mobile: 07960 180851
Email: randall@xxxxxxxxxxxxxxxxx<mailto:randall@xxxxxxxxxxxxxxxxx>
Web: www.acttravelwise.org<http://www.acttravelwise.org>
Skype: act-travelwise
Twitter: @ActTravelWise
________________________________
From: RTN 7-Correspondence
<registrationapplications@xxxxxxxxxxxxxxxxxxxxxxxxxxxx>
Sent: 13 September 2018 15:45
To: Randall Ghent
Subject: JL ACT-TRAVELWISE : 5111369 CRM:0249234
Dear Mr Ghent
Thank you for providing further information in support of your application to
register ACT – TravelWise as a charity.
We have been unable to conclude, on the information provided to us to date,
that the organisation is established for exclusively charitable purposes for
the public benefit.
Our publication Preservation and Conservation Charities
(RR9)<https://www.gov.uk/government/publications/preservation-and-conservation-charities-rr9>
summarises the Charity Commission’s views on the scope of organisations set up
for the charitable purposes of preservation and/or conservation.
We have concluded that in order to be charitable, organisations for
preservation and conservation will need to demonstrate that:
(i) they satisfy a criterion of merit, (for organisations with wide
objects to promote conservation generally, this means they will need to give
examples of particular projects to satisfy us that they will be providing a
real benefit to the public); and
(ii) they are set up for the benefit of the public, ie:
• they are not used for non-charitable purposes, such as
trading;
• they provide sufficient public access, either by providing
sufficient physical access or provide access by suitable alternative means ;
• any private benefit to individuals is incidental and
properly regulated.
The proposed objects of ACT – TravelWise express a purpose for the promotion of
the conservation, protection and improvement of the environment by the
promotion of sustainable transport. It is not clear to us what is meant by
encouraging the adoption of travel planning and other related activities, and
what the nature and scope of this is.
It is not evident that the purposes are exclusively charitable, that the
activities may be regarded as being in furtherance of exclusively charitable
purposes or that private benefit is ancillary.
It may be that this is because the organisation is re-structuring and some of
the activities are historical.
Whilst the promotion of the conservation protection and improvement of the
environment is has been recognised as a charitable purpose, it is necessary to
see that the activities reflect that purpose. It is not clear that all
activities of the organisation are necessarily capable of furthering the
promotion of the conservation, protection and improvement of the environment.
To cite just two examples - Travel Demand Management for Major Events and
Transforming Public Transport in Leeds.
We have concerns that the member benefits are not necessarily ancillary to
charitable purposes. We question why on-line resources are only made available
to the members and not the public if the purposes are for public benefit as
claimed.
We do not accept that the advertising of jobs is in furtherance of a charitable
purpose as it confers private benefit on prospective employers and employees
and is not for the wider benefit of the public.
We have concerns about member discounts for goods and services and it is not
clear how this is ancillary to the furtherance of a charitable purpose.
It is a question of fact as to whether the benefits conferred upon the members
are incidental to charitable purposes or whether on the other hand they are
mainly intended to benefit the members. If a charitable purpose can best be
served by giving benefits to members then the organisation may be a charity if
it is considered necessary and desirable to confer such benefits as incidental
to the charitable purpose. Private benefits available to the members of the
organisation may defeat charitable status if they are pursued as ends in
themselves rather than as incidental to a primary charitable purpose.
We consider that further re-structuring may be necessary and we would need to
see a robust operational framework that supports charitable purposes. We
consider this is appropriate given the re-structuring and previous
non-charitable nature of the organisation.
Next Steps
On the basis of the evidence provided to date we are not satisfied that the
organisation is established for exclusively charitable purposes.
However, at this stage we have not made a formal decision to refuse to register
the organisation as a charity. Before we do so we would provide you with a
further opportunity to consider our reasoning and address these matters - if
you are able to do so.
If, in light of the above, you wish to pursue the application for registration
as a charity further, the onus is on the applicants to demonstrate exclusively
charitable purposes for public benefit.
Unless these issues can be resolved, we will not be in a position to register
ACT-Travelwise as a charity. We will keep the application on hold for three
weeks pending any further representations. If we do not hear from you within
that time we will assume that your application has been withdrawn.
If the trustees need more time to restructure the organisation, or to prepare
their evidence to demonstrate that the organisation is established for
exclusively charitable purposes for the public benefit, it will remain open to
you to submit a fresh application thereafter. Any such application should
address all of the points previously raised. (If you do reapply in this way
please quote ‘previous application reference number 5111369’ in the special
circumstances section of the application form for our ease of reference).
Yours sincerely
John Lewis
W:
https://www.gov.uk/charity-commission<https://www.gov.uk/government/organisations/charity-commission>
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