The Charity Commission is responsible for making regulations setting out the details of how permanently endowed charitable trusts can exercise the power to adopt and operate a total return approach to investment under section 4 of the Trusts (Capital and Income) Act 2013. The Commission has now produced draft regulations on total return investment and is now consulting on their contents.

At present, permanently endowed charities who want to use this approach and who do not have an appropriate power can apply for an order from the Commission giving them the power to do so. The Commission's model order comes with directions on how the power can be used.

The draft regulations propose to allow trustees of endowed charities to adopt the power to use a total return approach without asking the Commission - as long as they comply with the safeguards of the regulations. The draft regulations seek to give trustees more flexibility to allocate investment returns than previously given under the model order.

The consultation will close on 20 June 2013. The Commission hopes that the final regulations will be in place and available for use by October 2013.