Charity Law in UK Law

"Charity proceedings" are defined in section 33(8) as meaning proceedings in any court (so that includes the County Court) in England or Wales brought under the court's jurisdiction with respect to charities or brought under the court's jurisdiction with respect to trusts in relation to the administration of a trust for charitable purposes. That is to prevent charities from frittering away money subject to charitable trusts in pursuing litigation relating to internal disputes.

It is a function of the Crown as parens patriae to ensure the due administration of established charities and the proper application of funds devoted to charitable purposes. In every such case the Court would be acting upon the basis that the property affected is not in the beneficial ovmership of the persons or body in whom its legal ownership is vested but is devoted to charitable purposes, that is to say, is held upon charitable trusts.

Furthermore, it is less likely on general grounds that Parliament intended to give exemption to religious services that exclude the public since exemptions from rating, though not necessarily consistent, show a general pattern of intention to benefit those activities which are for the good of the general public. All religious services that open their doors to the public may, in an age of religious tolerance, claim to perform some spiritual service to the general public.

Secondly, in so far as property-based rights are concerned, the Registered Proprietors do not hold the land for their own benefit. They are bound to permit the Mosque to be occupied and enjoyed as a place for the public worship of Allah and for preaching and teaching the precepts and teachings of the Muslim faith. It is, accordingly, to be open to the public who wish to enter for the purpose of enjoying the benefits of the charity.