Kop Hill Climb: Charity Commission decision
Published 10 July 2013
Applies to England and Wales
© Crown copyright 2013
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This publication is available at https://www.gov.uk/government/publications/kop-hill-climb/kop-hill-climb-charity-commission-decision
The Commission considered an application by Kop Hill Climb Limited (“the Company”) for registration as a charity. The Company’s objects are:
- To raise funds to support local charity organisations with emphasis on those serving the special needs of the Risborough Area
- To bring the Risborough community together to organise and manage the revival of the historic Kop Hill Climb motoring events
- To commemorate and preserve the heritage of the Kop Hill Climb motorcar and motorcycle races held at this famous venue between 1910 and 1925
- To support local charities, who provide education and technical training skills for the motor trade to unemployed young people.
The Commission formed the view that the Company’s objects were not exclusively charitable and the organisation could not be entered into the register of charities.
The review was conducted by a Commission lawyer. It concluded that it is not a charitable purpose to raise funds, nor is it necessarily charitable to bring a community together, although it might be a feature of some other charitable purpose.
The objects relating to the revival and the preservation of the heritage had the potential to be charitable, provided they describe an educational purpose for the public benefit. As the objects have been drafted, the objects are at best ambiguous about this. The Commission therefore had to look at the factual background to see whether it helped to resolve the ambiguity in favour of a charitable interpretation. The Commission also had to consider evidence as to whether the objects were for the public benefit.
The evidence showed that the revival event presented the opportunity for education and that there were educational elements to the event. But taken as a whole it did not go so far as to demonstrate that the correct interpretation of the objects described an educational purpose. Equally the evidence did not demonstrate that the purposes were for the public benefit since it was also consistent with the purposes being for the personal benefit of motoring enthusiasts watching and taking part in the climb.
Whilst the fourth object might be charitable for the public benefit, the objects as a whole are not and the company cannot be entered into the register of charities.