Report on the progress of CTC charity application 2012 Jan 6.doc (ver 2)

Report on the progress of CTC charity application 2012 Jan 6.doc (ver
2)

Cyclists’ Touring Club

CTC Council progress to convert the CTC into a charity.

Dear CTC Members

You may remember at CTC AGM 2011 A motion was passed that stated “This
AGM authorises Council to take the steps necessary to register the
Club as a charity with the Charity Commission for England and Wales,
the Office of the Scottish Charity Regulator and the Charity
Commission for Northern Ireland and to merge the Club with CTC
Charitable Trust to become a single, charitable organisation.”

Please find below the text of an email that rejected the application
for CTC charitable status in England and Wales it was received by CTC
Headquarters on 18th October 2011.

The original letter can be found at

https://docs.google.com/document/d/1...ymzp4x5UE/edit

Please place this link in your browsers; you do not need a Google mail
account to view.

At bottom of this email are additional links below that give you
access to suggest on what you can do and other documentation if need.

The rejection letter etc has not been seem by most Director/Trustees
of the CTC, why is this?

WHAT CAN YOU DO? Look at the end of the letter for suggestions.

This letter etc has been sent to CTC local group offices in UK and
uploaded to CTC Forum, YACF, and Cycle Chat and Google UK rec.
discussion forum under the title

Report on the progress of CTC charity application 2012 Jan 6

Apologies if this is an unwanted email or you have received
duplicates, it is important, but if you do not wish to receive any
additional email on this subject reply with unsubscribe in the subject
line.

I would be grateful for an acknowledgement of safe receipt.

Philip Benstead

START OF REJECTION LETTER

CHARITY COMMISSION FOR ENGLAND AND WALES

Title 0/5020287/331958 Application for registration: The Cyclists'
Touring Club CC: 00361617

Subject Cyclist's Touring Club FAO: Caroline Jones - W/5020287/331958
Application for registration: The Cyclists' Touring Club CC: 0036151

Dear’

Further to my email of 06 October, we have completed our review of the
application and supporting information.

I have explained in correspondence with ?????? that in order to be
established as a charity an organisation must have objects which are
exclusively charitable and for the public benefit. If any part of the
objects of an organisation are not charitable or if it is established
in part for private benefit then it is not established as a charity.

In this case, the meaning of the objects is not entirely clear and in
determining their meaning, it may be appropriate to consider the
activities undertaken by the organisation. Our guidance in 'Charities
and Public Benefit' sets out our approach in such cases from section
D4.

Objects

The objects of the company set out an initial object 'to promote
cycling, cycle touring and fellowship among cyclists for the public
benefit' but describe those objects as a means to further other
charitable purposes.

The first further object is then stated as: the advancement of amateur
sports which involve physical or mental skills or exertion by:

Promoting, assisting and protecting the use of bicycles, tricycles and
other similar vehicles on the public roads and public rights of way;
and
Promoting and safeguarding the interests of riders of bicycles,
tricycles and other similar vehicles;
and
Encouraging cycling and cycle touring as a means of adventure,
recreation, character training and other forms of education, to
stimulate by any possible means interest and participation in the
interest and participation of young persons in cycling, and to promote
cycling competitions, rallies, rides and other events.

It is difficult to understand precisely from the drafting of the
objects which elements or subsections of the objects may be considered
as objects of themselves and which elements a means to achieve
objects.

It is also the case that not every means of advancing amateur sport
will be for the public benefit. For example promoting the individual
rights and interests of cyclists may be directed to the private
benefit of cyclists.
Given the structure of the clause neither is it beyond doubt that the
first stated object of promoting cycling, cycle touring and fellowship
among cyclists for the public benefit is simply a means.

The second sub object is stated as:

The promotion of the conservation and protection of the environment by
any charitable means including but not limited to

Promoting and increasing appreciation of the countryside and places of
public interest,
and
Establishing and protecting access thereto by cycle and on foot, and
Preserving and improving amenities,
and
Taking appropriate action to advance this charitable aim in Parliament
and in and before Government departments, local and other public
authorities, bodies and officers, landowners, developers and others

The first and fourth of the means are political activities, which
extend to securing or opposing any change in the law or in the policy
or decisions of central government or local authorities. The extent to
which such means are directed towards conservation or the protection
of the environment or other activities which the company will
undertake in that respect is not apparent. The political activity
would appear to be an object of its own right rather than subsidiary
and in support of other activities undertaken in furtherance of a
charitable purpose. A charity may not have a political purpose.

Our guidance in CC9 'Speaking Out' sets out the principles on this
point in summary at section B.

http://www.charitycommission.gov.uk/...tions/cc9.aspx

Clause 1.8.3 is for the advancement of education ..and the promotion
of any plans, measures schemes or proposals to that end.. The
promotion of particular opinions, views or proposals is not education
in the sense accepted by charity law.

Our guidance in 'The Advancement of Education for the Public Benefit'
sets this out from section C5.
http://www.charitycommission.gov.uk/...resedu1208.pdf

Clause 1.8.4 is for the preservation and protection of health ... by
any means. The reference to 'any means' would extend beyond that which
would confine the object of public benefit. It would allow either
unlawful, private or political objects. Indeed the enforcement of
rights as referenced in the wording may be capable of being either of
private benefit or political.

Clause 1.8.5 is for the promotion of cycling ... Catering for the
needs of cyclists would appear to extend beyond what is charitable,
for example for provision of facilities in the interests of social
welfare, and is directed towards private benefit of cyclists. The
further provision of benefits appears to be of a private nature.

Activities

I have outlined the ambiguous nature of the objects. The company has
existed as an organisation to benefit and promote the interests of its
members. The website refers at 'Converting CTC to a Charity' to
'supporting membership and campaigning' as its charitable activities.

There appears to be a misunderstanding of as to the nature of
charitable purposes and public benefit. An organisation established to
provide benefits for its members is not a charity being directed
towards private benefit. The 2006 Act has not changed the nature of
public in public benefit (as suggested on the company's website).
Similarly, the campaigning appears in part to be directed towards
political purposes which cannot be a charitable purpose.

The Club has established a charitable organisation to undertake such
of its work as is directed towards charitable purposes.

However the Club itself is not established for exclusively charitable
purposes for the public benefit. It is a members' organisation
established to promote the interests of its members and provide them
with benefit. It is not therefore established for exclusively
charitable purposes or the public benefit.

Summary

I am sorry to tell you that, for the reasons given above, we feel
bound to reject the application for registration. Our decision has
taken account of all information, evidence and argument received.

If you think our decision is wrong, you can ask us to review it by
writing to the Final Decision and Tribunal Coordinator at
,

or by using our online application form at

www.charitvcommission.gov.uk/reviewprocform.aspx

Alternatively, you may appeal against our decision to the First-Tier
Tribunal (Charity).

Further details about our decision review procedure and the First-Tier
Tribunal (Charity) can be found on our website at
http://www.charitv-commission.gov.uk...t_our_decision
index.aspx

Yours sincerely
Caroline Jones
Registration Division
Tel: 01 823 345458
Fax: 01823 345003
www.charitvcommission.aov.uk


END OF REJECTION LETTER

WHAT CAN YOU DO?

For more information go to

https://docs.google.com/open?id=0B7x...Y5Y2M5MTJhNDcz




Philip Benstead

Telephone: 020-7630-0475
Mobile: 0794-980-1698
Email:

Address: Victoria,
London, SW1P 1PG

On Fri, 13 Jan 2012 14:41:15 -0800 (PST), "
wrote:

Please find below the text of an email that rejected the application
for CTC charitable status in England and Wales it was received by CTC
Headquarters on 18th October 2011.

Unless I've misunderstood something the CTC was formed as and surely
remains a membership club for cyclists? It promotes its members
interests, arranges representation for some in court and arranges
other matters of interest to its members (such as insurance).

There is nothing wrong with this structure but it is fairly obviously
incompatible with charitable status. What on earth persuaded them to
go forward with an application which was almost inevitably bound to
fail?

On 14/01/2012 13:21, Peter Parry wrote:
On Fri, 13 Jan 2012 14:41:15 -0800 (PST), "
wrote:

Please find below the text of an email that rejected the application
for CTC charitable status in England and Wales it was received by CTC
Headquarters on 18th October 2011.

Unless I've misunderstood something the CTC was formed as and surely
remains a membership club for cyclists? It promotes its members
interests, arranges representation for some in court and arranges
other matters of interest to its members (such as insurance).

There is nothing wrong with this structure but it is fairly obviously
incompatible with charitable status. What on earth persuaded them to
go forward with an application which was almost inevitably bound to
fail?

Indeed.

On the description given, the AA or RAC would qualify as charities (or would
have before they were sold).

On Jan 13, 10:41*pm, "
wrote:
Report on the progress of CTC charity application 2012 Jan 6.doc (ver
2)

Cyclists’ Touring Club

CTC Council progress to convert the CTC into a charity.



Thanks for that - being a member I have done my duty accordingly.

--
Simon Mason