LAW

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Legal Terms -CAFCASS

CAFCASS, the Children and Family Court Advisory and Support Service
a combination of the three previous services—the children's department of the Official Solicitor, the Guardian ad Litem Service, and the Family Court Welfare Service. The interests of children involved in judicial proceedings are looked after by Cafcass. It provides guidance to the court regarding what it deems to be in each child's best interests while working with children and their families.


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Legal Terms - The strategy for children and young people
a document that, as required by the Children Act of 2004, all local authorities must give. It lists every service that children in the area are entitled to, such as health care, juvenile justice, and volunteer and community programs

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Legal Terms -children in need
those kids who the Children Act of 1989 identified as needing extra care and assistance from the *local government. It is the responsibility of local authorities to offer specific services to these youngsters. Children who require special *support services include those who are impaired or unlikely to maintain a fair level of development or health on their own.


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Legal Terms - charging order
​ a judgment creditor's court order that creates security for the judgment debtor's assets, such as cash, real estate, and stock, in exchange for the payment of the debt and interest. Part 73 of the *Civil Procedure Rules contains the pertinent procedure



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Legal Terms -charitable trust
​ a trust with legal recognition for its charitable goals. Among the various benefits that charitable trusts enjoy are exemptions.


from various types of taxes, the possibility to claim tax paid by its donors through *gift assistance, the exemption from the *rule against perpetual trusts, and the absence of a requirement for there to be human beneficiaries.
The Charities Act of 2011, Part 1, now governs charitable trust law and defines what constitutes a "charity": A philanthropic purpose (section 2) must to be for the public good (section 5) and be inside the list of purposes in section 3. Section 3 lists the following 13 headings under which charitable purposes are "described": human rights; environmental protection; relief from poverty for people who are young, old, or disabled; advancement of animal welfare; promotion of the services; and prevention of poverty, health, education, and religion; citizenship and community; arts and culture; amateur sport. The fourth description, "any other purposes," covers any purpose that was philanthropic prior to the Act and is broad enough to allow for definitional expansion. Additionally, there must be no chance of monies being utilized for non-charitable reasons and the philanthropic objective must be "wholly and exclusively charitable."


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Legal Terms - charity
An organization, whether corporate or not, founded to further one of the statutory charitable objectives. When the High Court exercises its jurisdiction over charities, it has the authority to regulate charities. All charities must be registered with the *Charity Commission, with a few exceptions.


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Legal Terms -Charity Commission
a statutory organization that oversees charity administration in England and Wales and is now subject to Part 2 of the Charities Act of 2011. The Commissioners are in charge of encouraging the efficient use of charitable funds, supporting the advancement of improved administrative techniques, providing information and counsel to charity trustees on issues pertaining to charities, and looking into and verifying abuses. A body may appeal the Commissioners' judgment to the High Court or the *Charity Tribunal (for decisions made after March 18, 2008). The Commissioners keep an electronic record of charities and make decisions on registration. The Stationery Office publishes their Annual Reports, which provide an overview of the Commissioners' workings and the ways in which they are fostering the development of charity legislation.


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Legal Terms - Charity Tribunal
An independent body that is now governed by Part 17 of the Charities Act 2011 and that reviews petitions for review of the Charity Commission's decisions as well as appeals against them. It also takes legal referrals from the Attorney General and the Charity Commission. The Charity Tribunal's jurisdiction is limited to rulings rendered by the Charity Commission on or after March 18, 2008


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Legal Terms - charter
1. A charter is a written agreement that certifies a transaction between two parties. The phrase is typically used in reference to a right or privilege that the Crown grants, such as a royal charter to an institution of higher learning. 2. A constitution, such as the United Nations Charter.


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Legal Terms - Charter of Fundamental Rights
The Charter of Fundamental Rights of the European Union brings together the principles of the *European Convention on Human Rights, the European Social Charter, and Community law as they relate to the rights of EU citizens. The Charter has been recognized by the EU since the meeting in Nice in December 2000 but did not become legally binding upon the member states until 2009 when the *Lisbon Treaty was ratified and came into force. (The *Constitutional Treaty of 2004 had previously incorporated the Charter but did not itself become law.) Under the European Union (Withdrawal) Act 2018, the Charter of Fundamental Rights has not been retained following the departure of the UK from the EU. This means that the UK would be entitled to amend, for example, the *Equality Act 2010 without regard to EU law.


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