... the Statute of Charitable Uses 1601, which for 350 years constituted the general statement of charitable purposes. These activities are today, vague and outdated, but the courts have consistently analogised contemporary activities with the preamble, while attempting to keep the law abreast of relative changes within acceptable boundaries. In 1891, Lord Macnaghten2 sought to categorise the activities which were within the 'spirit and intendment'3 of the preamble and which had come to be recognised as charitable. He listed four categories: the relief of poverty, the advancement of education and religion and those activities, 'beneficial to the community'. Each had its own degree of 'public' depending on the type of benefit in question. In the days when the State made few welfare provisions, trusts under these categories were clearly for the public benefit.4 The House of Lords have subsequently stated that there is no requirement for a 'public' benefit in poverty cases.5 It ...

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