I am looking at the legal advice written by Helen Mountfield QC for the NCVO. In relation to controlled expenditure, she states:
“The real vice of the new definition is the lack of clarity, and the consequent lack of certainty as to when expenditure…ought to have been included”.
That sets out the position clearly. It is very uncertain what is going to happen when this becomes law. We will then have a plethora of court cases and the law will be decided by precedent.