Legality of Terms and Conditions

Published: Thursday, 26 March 2015

I HAVE been involved in a number of Charity organisations, including being chairperson of two charities, writes Peter Ponting.

The changes imposed by Canal & River Trust to its Terms and Conditions to licence holders appear to be illegal, unless it can prove that they have complied with its 'Articles of Association'.

Deemed to be a member

In the case of most charities, anybody contributing financially on a regular basis is deemed to be a member of that charity. It seems that CaRT have somehow overcome that clause. (Or have ignored it.)

Secondly, if it wishes to change the Terms and Conditions of its members, they have to first have it discussed and minuted and agreed at a general meeting.

Have a chance to vote

To complete any changes to its members status, they have to have it agreed at an annual general meeting, so convened, so all members have a chance to vote on the changes to the Terms and Conditions.

The charities commission website unfortunately does not include the Articles of Association for CaRT. Which in itself is unusual.