Charities Act 2011

Part 3 — Miscellaneous

Regulations relating to fees

14

Despite the revocation by this Act of the Charities (Pre-consolidation Amendments) Order 2011 (S.I. 2011/1396), regulations having effect as if made under section 19 continue to have effect as if any reference to the furnishing of a document were a reference to the provision of the document.

Exempt charities

15

• (1) Despite the repeal by this Act of section 11(13) of the Charities Act 2006 (power to make amendments or modifications of enactments in connection with changes in exempt charities), the Secretary of State may by order make such amendments or other modifications of any enactment as the Secretary of State considers appropriate in connection with—

• (a) charities of a particular description becoming, or ceasing to be, exempt charities, or

• (b) a particular charity becoming, or ceasing to be, an exempt charity,

as a result of provision made by or under section 11 of the 2006 Act.

• (2) In sub-paragraph (1) “enactment” includes—

• (a) any provision of subordinate legislation (within the meaning of the Interpretation Act 1978), and

• (b) a provision of a Measure of the Church Assembly or of the General Synod of the Church of England;

and references to enactments include enactments whenever passed or made.

16

The repeal and re-enactment by this Act of—

• (a) section 11(13) of the Charities Act 2006 (power to make amendments or modifications of enactments in connection with changes in exempt charities), and

• (b) section 13(5) of that Act (power to make amendments or modifications of enactments in connection with principal regulator regulations),

is not to be treated as preventing any amendment or modification being made of an enactment contained in this Act which re-enacts an enactment of which an amendment or modification could have been made under section 11(13) or 13(5).

Application cy-près: donors unknown or disclaiming or treated as disclaiming

17

Section 67 applies to property given for charitable purposes whether before or on or after the commencement of this Act.

Official custodian as successor to official trustee of charity lands and official trustees of charity funds

18

• (1) Despite the repeal by this Act of paragraph 26 of Schedule 10 to the Charities Act 2006, the official custodian for charities is to continue to be treated as the successor for all purposes both of the official trustee of charity lands and of the official trustees of charitable funds as if—

• (a) the functions of the official trustee or trustees had been functions of the official custodian, and

• (b) the official trustee or trustees had been, and had discharged the functions of the official trustee or trustees as, holder of the office of the official custodian.

• (2) Despite the repeal of paragraph 26 of that Schedule (and without affecting the generality of sub-paragraph (1))—

• (a) any property which immediately before the commencement of that repeal was, by virtue of paragraph 26(2) of that Schedule, held by the official custodian continues to be so held, as if vested in the official custodian under section 90, and

• (b) any enactment or document referring to the official trustee or trustees mentioned above continues to have effect, so far as the context permits, as if the official custodian had been mentioned instead.

Savings for consequential amendments

19

• (1) The repeal by this Act of paragraph 23(a) of Schedule 10 to the Charities Act 2006 (saving for consequential amendment made by the Charities Act 1960) does not affect the amendment made by Schedule 6 to the Charities Act 1960 in section 9 of the Places of Worship Registration Act 1855.

• (2) The repeal by this Act of paragraph 23(d) of Schedule 10 to the Charities Act 2006 (saving for consequential amendment made by the Charities Act 1960) does not affect the amendment made by Schedule 6 to the Charities Act 1960 in section 31 of the New Parishes Measure 1943.

• (3) The repeal by this Act of paragraph 30 of Schedule 6 to the Charities Act 1993 does not affect the amendments made by that paragraph in—

• (a) section 90(4) of the Local Government Act 1985, or

• (b) section 192(11) of the Education Reform Act 1988.

Universities of Durham and Newcastle-upon-Tyne Act 1963

20

Despite the revocation by this Act of the Charities (Pre-consolidation Amendments) Order 2011 (S.I. 2011/1396), the Universities of Durham and Newcastle-upon-Tyne Act 1963 continues to have effect as if Schedule 7 to the Charities Act 1993 (repeals) had never referred to section 10 of the 1963 Act.

SCHEDULE 9

Commission’s general functions—public charitable collections

1

• (1) Sub-paragraph (2) applies if Chapter 1 of Part 3 of the 2006 Act (public charitable collections) has not been brought into force before the commencement of this Act.

• (2) Section 15 (the Commission's general functions) has effect until the appointed day as if—

• (a) paragraph 4 of section 15(1), and

• (b) section 15(6),

were omitted.

• (3) “The appointed day” means the day on which Chapter 1 of Part 3 of the 2006 Act is brought into force by virtue of an order made under section 79 of that Act.

“Exempt charity” and common investment and deposit funds

2

• (1) Sub-paragraph (2) applies if—

• (a) section 11(10) of the 2006 Act (amendment of section 24(8) of the 1993 Act), and

• (b) paragraph 173(3)(a) of Schedule 8 to the 2006 Act (amendment of definition of “exempt charity” in section 96(1) of the 1993 Act),

have not been brought into force before the commencement of this Act.

• (2) Subsection (3) of—

• (a) section 99 (further provisions relating to common investment schemes and funds), and

• (b) section 103 (further provisions relating to common deposit schemes and funds),

has effect until the relevant commencement date as if at the end of the subsection there were inserted “; and if the scheme admits only exempt charities, the fund is an exempt charity for the purposes of this Act”.

“Exempt charity” and church funds

3

• (1) Sub-paragraph (2) applies if section 11(9) of the 2006 Act (removing certain exempt charities from Schedule 2 to the 1993 Act), so far as relating to—

• (a) an Investment Fund or Deposit Fund within the meaning of the Church Funds Investment Measure 1958, or

• (b) an investment fund or deposit fund within the meaning of the Methodist Church Funds Act 1960,

has not been brought into force before the commencement of this Act.

• (2) Schedule 3 (exempt charities) has effect until the relevant commencement date as if paragraphs (a) and (b) of paragraph 1(2) were omitted.

“Exempt charity” and registered societies etc.

4

• (1) Sub-paragraph (2) applies if section 11(8) of the 2006 Act (changing the exemption under paragraph (y) of Schedule 2 to the 1993 Act) has not been brought into force before the commencement of this Act.

• (2) Schedule 3 (exempt charities) has effect until the relevant commencement date as if, in paragraph 27, for “if the society is also registered in the register of social landlords under Part 1 of the Housing Act 1996” there were substituted “ and any registered society or branch within the meaning of the Friendly Societies Act 1974 ”.

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to amend enactments in connection with changes in exempt charities

6

• (1) Sub-paragraph (2) applies if paragraph 2, 3 or 4 applies in relation to charities of a particular description or to a particular charity.

• (2) In relation to those charities or that charity, section 23 has effect as if for subsection (3) there were substituted—

(3) The Secretary of State may by order make such amendments or other modifications of any enactment as the Secretary of State considers appropriate in connection with— (a) charities of a particular description ceasing to be exempt charities on the relevant commencement date, or (b) a particular charity ceasing to be an exempt charity on the relevant commencement date.

Exempt charities and the principal regulator

7

• (1) Sub-paragraph (2) applies if, in relation to charities of a particular description or a particular charity—

• (a) section 13(1) to (3) of the 2006 Act (general duty of principal regulator), and

• (b) section 86A of the 1993 Act (duty of Commission to consult principal regulator),

have not been brought into before the commencement of this Act.

• (2) In relation to those charities or that charity, Part 3 has effect until the relevant commencement date as if—

• (a) section 26 (general duty of principal regulator), and

• (b) section 28 (duty of Commission to consult principal regulator),

were omitted.

Voluntary registration

8

• (1) Sub-paragraph (2) applies if section 3A(6) of the 1993 Act (voluntary registration) has not been brought into force before the commencement of this Act.

• (2) Part 4 (registration and names of charities) has effect until the relevant commencement date with the omission of section 30(3) (but subject to the modifications specified in the Charities Act 2006 (Commencement No. 5, Transitional and Transitory Provisions and Savings) Order 2008 (S.I. 2008/3267) as it has effect in accordance with Part 1 of Schedule 8).

Regulations to secure that any institution ceasing to be an exempt charity on the relevant commencement date is excepted

9

• (1) Sub-paragraph (2) applies if paragraph 2, 3 or 4 applies and, on the date which is the relevant commencement date in relation to that paragraph, an institution ceases to be an exempt charity.

• (2) In relation to that institution, section 31 has effect as if for subsection (3) there were substituted—

(3) Such regulations must be made under section 30(2)(c) as are necessary to secure that the institution is excepted under section 30(2)(c) (subject to compliance with any conditions of the exception and the financial limit mentioned in section 30(2)(c)).

Change of name and exempt charities

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to institute inquiries and exempt charities

11

• (1) Sub-paragraph (2) applies if, in relation to charities of a particular description or a particular charity, paragraph 2 of Schedule 5 to the 2006 Act (restriction of exclusion of exempt charities from power to institute inquiries) has not been brought into force before the commencement of this Act.

• (2) In relation to those charities or that charity, section 46 (general power to institute inquiries) has effect until the relevant commencement date as if, in subsection (2), “except where this has been requested by its principal regulator” were omitted.

Maximum term of imprisonment for offence under section 49(8)

12

In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the reference to 51 weeks in section 49(9) is to be read as a reference to 3 months.

Power to call for documents etc. and exempt charities

13

• (1) Sub-paragraph (2) applies if, in relation to charities of a particular description or a particular charity, paragraph 3 of Schedule 5 to the 2006 Act (removal of exclusion of exempt charities from power to call for documents etc.) has not been brought into force before the commencement of this Act.

• (2) In relation to those charities or that charity, section 52 (power to call for documents) has effect until the relevant commencement date with the insertion after subsection (1) of—

(1A) No person properly having the custody of documents relating only to an exempt charity is required under subsection (1) to transmit to the Commission any of those documents, or to provide any copy of or extract from any of them.

Maximum term of imprisonment for offence under section 57(3)

14

In relation to an offence committed before 2 May 2022 the reference to the general limit in a magistrates’ court in section 57(4) is to be read as a reference to 6 months.

Exempt charities and disclosure to and by principal regulator

15

• (1) Sub-paragraph (2) applies if, in relation to charities of a particular description or a particular charity, the main provisions of section 10B of the 1993 Act (disclosure to and by principal regulators of exempt charities) have not been brought into force before the commencement of this Act.

• (2) In relation to those charities or that charity, this Act has effect until the relevant commencement date as if section 58 (disclosure to and by principal regulators of exempt charities), except in so far as it confers power to make regulations, were omitted.

• (3) In sub-paragraph (1), “the main provisions of section 10B of the 1993 Act” means section 10B except in so far as it confers power to make regulations.

Exempt charities and Commission’s concurrent jurisdiction with High Court

16

• (1) Sub-paragraph (2) applies if, in relation to charities of a particular description or a particular charity, paragraph 4 of Schedule 5 to the 2006 Act (removal of exclusion of exempt charities from Commission's concurrent jurisdiction) has not been brought into force before the commencement of this Act.

• (2) In relation to those charities or that charity, section 70 (restrictions on Commission's concurrent jurisdiction) has effect until the relevant commencement date as if—

• (a) at the beginning of subsection (2)(c) there were inserted “in the case of a charity other than an exempt charity”, and

• (b) in subsection (3), after “In the case of a charity” there were inserted “ which is not an exempt charity and ”.

Exempt charities and restriction on expenditure on promoting Bills

17

• (1) Sub-paragraph (2) applies if, in relation to charities of a particular description or a particular charity, paragraph 5 of Schedule 5 to the 2006 Act (restriction on expenditure on promoting Bills to apply to exempt charities) has not been brought into force before the commencement of this Act.

• (2) In relation to those charities or that charity, section 74 (restriction on expenditure on promoting Bills) has effect until the relevant commencement date as if, at the end of subsection (2), there were inserted “but does not apply in the case of an exempt charity”.

Exempt charities and power to act for protection of charities

18

• (1) Sub-paragraph (2) applies if, in relation to charities of a particular description or a particular charity, paragraph 6 of Schedule 5 to the 2006 Act (restriction of exception for exempt charities from Commission's powers to act for protection of charities) has not been brought into force before the commencement of this Act.

• (2) In relation to those charities or that charity, Part 6 (cy-près powers etc.) has effect as if sections 80(4) and 81(3) were omitted and after section 82 there were inserted—

(82A) Sections 76 to 82 (powers to act for protection of charities) do not apply to an exempt charity.

Reference to Mission and Pastoral Measure 2011

19

• (1) Sub-paragraph (2) applies if the Mission and Pastoral Measure 2011 has not been brought into force before the commencement of this Act.

• (2) In the application of section 105(10) before the commencement of the 2011 Measure the reference to the Mission and Pastoral Measure 2011 is to be read as a reference to the Pastoral Measure 1983.

Exempt charities and power to give directions about dormant bank accounts

20

• (1) Sub-paragraph (2) applies if, in relation to charities of a particular description or a particular charity, paragraph 7 of Schedule 5 to the 2006 Act (removal of exclusion of exempt charities from power to give directions about dormant accounts) has not been brought into force before the commencement of this Act.

• (2) In relation to those charities or that charity, section 107 (power to direct transfer of credits in dormant bank accounts) has effect until the relevant commencement date as if after subsection (5) there were inserted—

(6) Subsection (1) does not apply to any account held in the name of or on behalf of an exempt charity.

Exempt charities and Commission’s consent to proceedings etc.

21

• (1) Sub-paragraph (2) applies if, in relation to charities of a particular description or a particular charity, paragraph 8 of Schedule 5 to the 2006 Act (proceedings relating to exempt charity must be authorised by Commission etc.) has not been brought into force before the commencement of this Act.

• (2) In relation to those charities or that charity, section 115 (proceedings by persons other than the Commission) has effect until the relevant commencement date as if—

• (a) in subsection (2), after “relating to a charity”, and

• (b) in subsection (7)(a), after “with reference to any charity”,

there were inserted “(other than an exempt charity)”.

Exempt charities and duty of auditors etc. to report matters to Commission

22

• (1) Sub-paragraph (2) applies if, in relation to charities of a particular description or a particular charity, section 29(2) of the 2006 Act (amendments of section 46 of the 1993 Act about application to exempt charities of duty of auditors etc. to report matters to Commission) has not been brought into force before the commencement of this Act.

• (2) In relation to those charities or that charity, section 160 (audit or examination of accounts: exempt charities) has effect until the relevant commencement date as if—

• (a) in subsection (1) (provision corresponding to section 46(1)), for “sections 144 to 155 (audit or examination of accounts)” there were substituted “ sections 144 to 157 (audit or examination of accounts and duty of auditors etc. to report matters to Commission) ”, and

• (b) subsection (2) (provision corresponding to section 46(2A) and (2B)) were omitted.

• (3) Sub-paragraph (4) applies if, in relation to charities of a particular description or a particular charity, section 46(3A) of the 1993 Act (application to certain excepted charities which are also exempt charities of duty of auditors etc. to report matters to Commission) has not been brought into force before the commencement of this Act.

• (4) In relation to those charities or that charity, section 161 (audit or examination of accounts: excepted charities) has effect until the relevant commencement date as if subsection (4) (provision corresponding to section 46(3A)) were omitted.

• (5) Sub-paragraph (6) applies if—

• (a) sub-paragraph (2) applies and, on the date which is the relevant commencement date in relation to that sub-paragraph, section 160 applies without the modifications in that sub-paragraph, or

• (b) sub-paragraph (4) applies and, on the date which is the relevant commencement date in relation to that sub-paragraph, section 161 applies without the modifications in that sub-paragraph.

• (6) Section 160(2) or (as the case may be) 161(4) applies in relation to matters (“pre-commencement matters”) of which a person became aware at any time falling—

• (a) before the relevant commencement date, and

• (b) during a financial year ending on or after that date,

as well as in relation to matters of which the person becomes aware on or after that date.

• (7) Any duty imposed by virtue of sub-paragraph (6) must be complied with in relation to any such pre-commencement matters as soon as practicable after the relevant commencement date.

Disqualification and references to section 429(2) of Insolvency Act 1986

23

• (1) This paragraph applies if paragraph 7 of Schedule 16 to the Tribunals, Courts and Enforcement Act 2007 (administration orders: consequential amendments) has not been brought into force before the commencement of this Act.

• (2) Section 178(1) has effect until the relevant commencement date as if in Case F for “section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order)” there were substituted “ section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order) ”.

• (3) Section 180(2) has effect until the relevant commencement date as if for “section 429(2) of the Insolvency Act 1986” there were substituted “ section 429(2)(b) of the Insolvency Act 1986 ”.

Maximum term of imprisonment for offence under section 183(1)

24

In relation to an offence committed before 2 May 2022 the reference to the general limit in a magistrates’ court in section 183(3)(a) is to be read as a reference to 6 months.

Exempt charities and power to order disqualified trustee to repay sums

25

• (1) Sub-paragraph (2) applies if, in relation to charities of a particular description or a particular charity, paragraph 9 of Schedule 5 to the 2006 Act (Commission to have power to order disqualified charity trustee or trustee to repay sums to exempt charity) has not been brought into force before the commencement of this Act.

• (2) In relation to those charities or that charity, section 184 (civil consequences of acting while disqualified) has effect until the relevant commencement date as if in subsection (2)(a), after “for a charity”, there were inserted “ (other than an exempt charity) ”.

CIOs

26

• (1) Sub-paragraph (2) applies if any provision of the 1993 Act relating to CIOs—

• (a) has not been brought into force before the commencement of this Act, or

• (b) has not been brought into force for all purposes or for all areas before the commencement of this Act;

and in sub-paragraph (2) “excluded purpose or area” means any purpose or area in relation to which that provision of the 1993 Act has not been brought into force.

• (2) This Act has effect until the relevant commencement date as if the provision of this Act corresponding to that provision of the 1993 Act—

• (a) were omitted, or

• (b) were omitted in relation to the excluded purpose or area.

• (3) For the purposes of this paragraph, the provisions of the 1993 Act relating to CIOs, and the corresponding provisions of this Act, are—

provision of the 1993 Act	corresponding provision of this Act
section 45(3B)	section 163(3)
in section 48(1A), “(but this subsection does not apply if the charity is constituted as a CIO)”	in section 169(2), “(but this subsection does not apply if the charity is constituted as a CIO)”
any provision of Part 8A, including Schedule 5B but excluding section 69O	the corresponding provision of Part 11
. . .	. . .
section 73E(2)(b)	section 192(2)(b)
section 75C(11)	section 314
in section 97(1), the definition of “CIO”	section 204
paragraph 1 of Schedule 1C in relation to a decision of the Commission under a provision of Part 8A or Schedule 5B mentioned in column 1 of the Table in Schedule 1C	section 319 in relation to a decision of the Commission under a provision of Part 11 mentioned in column 1 of Schedule 6.

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

References to re-named Acts in Schedule 7

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “the relevant commencement date”

29

• (1) Subject to sub-paragraph (2), in this Schedule “the relevant commencement date” means such day as the appropriate authority may by order appoint.

• (2) If, in the case of a provision referred to in any paragraph above which has not been brought into force before the commencement of this Act, an order has been made before the commencement of this Act appointing a day for the coming into force of that provision, “the relevant commencement date” in relation to that provision means that appointed day.

• (3) “The appropriate authority” means—

• (a) in relation to paragraph 23 (disqualification and references to section 429(2) of Insolvency Act 1986), the Lord Chancellor;

• (b) otherwise, the Secretary of State.

• (4) An order made in relation to paragraph 23 may make different provision for different purposes.

• (5) An order made in relation to any other paragraph of this Schedule may—

• (a) appoint different days for different purposes or different areas;

• (b) make such provision as the Secretary of State considers necessary or expedient for transitory, transitional or saving purposes in connection with the coming into force of the order.

• (6) Any power to make an order under this paragraph is exercisable by statutory instrument.

References to Acts

30

In this Schedule—

• “the 1993 Act” means the Charities Act 1993;

• “the 2006 Act” means the Charities Act 2006.

SCHEDULE 10

SCHEDULE 11

Disclosure: supplementary

Unknown and disclaiming donors: supplementary

Meaning of “exempt charity” and Sch.3

The register

General power to institute inquiries

Disclosure: supplementary

Cy-près schemes

Application cy-près: donor unknown or disclaiming

Meaning of “connected person” in s.117(2)

Other powers to remove or appoint charity trustees

Requirement to disclose charitable status

Further provisions relating to common investment schemes and funds

Estate to vest in incorporated body

Further provisions relating to common deposit schemes and funds

Power to spend capital subject to special trusts: general

Total return investment: regulations

Audit of accounts of larger groups

Power to waive disqualification

Audit of accounts of larger groups

Power to waive disqualification

Disqualification orders

Amendments etc.

Membership

Terms of appointment and remuneration

Staff

Committees

Procedure etc.

Performance of functions

Evidence

Execution of documents

Annual report

Annual public meeting

Status and official seal

Expenses

Performance of functions and liability for loss or misapplication of property

Accounts

Institutions with an exemption from the Charitable Trusts Acts 1853 to 1939

Educational institutions

Museums, galleries etc.

Housing

Connected institutions

References to the Charitable Uses Act 1601 (c. 4)

References to the Charity Commissioners for England and Wales

Application of certain enactments to trust corporations

Literary and Scientific Institutions Act 1854 (c. 112)

Places of Worship Registration Act 1855 (c. 81)

Places of Worship Sites Amendment Act 1882 (c. 21)

Technical and Industrial Institutions Act 1892 (c. 29)

Open Spaces Act 1906 (c. 25)

...

London County Council (General Powers) Act 1947 (c. xlvi)

London County Council (General Powers) Act 1955 (c. xxix)

Incumbents and Churchwardens (Trusts) Measure 1964 (No. 2)

Co-operative and Community Benefit Societies and Credit Unions Act 1965 (c. 12)

Leasehold Reform Act 1967 (c. 88)

Co-operative and Community Benefit Societies and Credit Unions Act 1968 (c. 55)

Redundant Churches and other Religious Buildings Act 1969 (c. 22)

Sharing of Church Buildings Act 1969 (c. 38)

Synodical Government Measure 1969 (No. 2)

Local Government Act 1972 (c. 70)

Consumer Credit Act 1974 (c. 39)

Friendly Societies Act 1974 (c. 46)

House of Commons Disqualification Act 1975 (c. 24)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

Theatres Trust Act 1976 (c. 27)

Endowments and Glebe Measure 1976 (No. 4)

Interpretation Act 1978 (c. 30)

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

Disused Burial Grounds (Amendment) Act 1981 (c. 18)

Pastoral Measure 1983 (No. 1)

Greater London Council (General Powers) Act 1984 (c. xxvii)

Housing Act 1985 (c. 68)

Housing Associations Act 1985 (c. 69)

Coal Industry Act 1987 (c. 3)

Reverter of Sites Act 1987 (c. 15)

Education Reform Act 1988 (c. 40)

Copyright, Designs and Patents Act 1988 (c. 48)

Imperial College Act 1988 (c. xxiv)

Courts and Legal Services Act 1990 (c. 41)

London Local Authorities Act 1991 (c. xiii)

Further and Higher Education Act 1992 (c. 13)

Charities Act 1992 (c. 41)

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

Environment Act 1995 (c. 25)

Reserve Forces Act 1996 (c. 14)

Trusts of Land and Appointment of Trustees Act 1996 (c. 47)

Housing Act 1996 (c. 52)

Housing Grants, Construction and Regeneration Act 1996 (c. 53)

Education Act 1996 (c. 56)

School Standards and Framework Act 1998 (c. 31)

National Institutions Measure 1998 (No. 1)

Finance Act 1999 (c. 16)

...

Financial Services and Markets Act 2000 (c. 8)

Learning and Skills Act 2000 (c. 21)

Trustee Act 2000 (c. 29)

Criminal Justice and Court Services Act 2000 (c. 43)

Criminal Justice and Police Act 2001 (c. 16)

Churchwardens Measure 2001 (No. 1)

Land Registration Act 2002 (c. 9)

Licensing Act 2003 (c. 17)

Higher Education Act 2004 (c. 8)

Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27)

Pensions Act 2004 (c. 35)

Serious Organised Crime and Police Act 2005 (c. 15)

Education Act 2005 (c. 18)

Gambling Act 2005 (c. 19)

Charities and Trustee Investment (Scotland) Act 2005 (asp 10)

Natural Environment and Rural Communities Act 2006 (c. 16)

Education and Inspections Act 2006 (c. 40)

National Health Service Act 2006 (c. 41)

National Health Service (Wales) Act 2006 (c. 42)

Companies Act 2006 (c. 46)

Safeguarding Vulnerable Groups Act 2006 (c. 47)

Charities Act 2006 (c. 50)

Income Tax Act 2007 (c. 3)

Legal Services Act 2007 (c. 29)

Dioceses, Pastoral and Mission Measure 2007 (No. 1)

Regulatory Enforcement and Sanctions Act 2008 (c. 13)

Housing and Regeneration Act 2008 (c. 17)

Planning Act 2008 (c. 29)

Charities Act (Northern Ireland) 2008 (c. 12 (N.I.))

Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)

Corporation Tax Act 2010 (c. 4)

Finance Act 2010 (c. 13)

Equality Act 2010 (c. 15)

Church of England (Miscellaneous Provisions) Measure 2010 (No. 1)

Mission and Pastoral Measure 2011 (No. 3)

Continuity of the law

Effect of old transitionals and savings

Use of existing forms etc.

General

Scotland

Northern Ireland

Regulations relating to fees

Exempt charities

Application cy-prs: donors unknown or disclaiming or treated as disclaiming

Official custodian as successor to official trustee of charity lands and official trustees of charity funds

Savings for consequential amendments

Universities of Durham and Newcastle-upon-Tyne Act 1963

Commission's general functions—public charitable collections

“Exempt charity” and common investment and deposit funds

“Exempt charity” and church funds

“Exempt charity” and registered societies etc.

Power to amend enactments in connection with changes in exempt charities

Exempt charities and the principal regulator

Voluntary registration

Regulations to secure that any institution ceasing to be an exempt charity on the relevant commencement date is excepted

...

Power to institute inquiries and exempt charities

Maximum term of imprisonment for offence under section 49(8)

Power to call for documents etc. and exempt charities

Maximum term of imprisonment for offence under section 57(3)

Exempt charities and disclosure to and by principal regulator

Exempt charities and Commission's concurrent jurisdiction with High Court

Exempt charities and restriction on expenditure on promoting Bills

Exempt charities and power to act for protection of charities

Reference to Mission and Pastoral Measure 2011

Exempt charities and power to give directions about dormant bank accounts

Exempt charities and Commission's consent to proceedings etc.

Exempt charities and duty of auditors etc. to report matters to Commission

Disqualification and references to section 429(2) of Insolvency Act 1986

Maximum term of imprisonment for offence under section 183(1)

Exempt charities and power to order disqualified trustee to repay sums

CIOs

References to re-named Acts in Schedule 7

Meaning of “the relevant commencement date”

References to Acts

Editorial notes

[^key-ec7017ec5b41903c8aa49b132cde8370]: Pt. 17 Ch. 2 applied by 1969 c. 22, s. 4(8A) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 17(1) (with s. 20(2), Sch. 8))

[^key-854bf1a323c284dea8c2fbc04df8c806]: Pt. 17 Ch. 2 applied by 1987 c. 3, s. 5(8B) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 47(2) (with s. 20(2), Sch. 8))

[^key-b7ca669f26890df3864bd59f8864236f]: Pt. 17 Ch. 2 applied by 1987 c. 15, s. 4(2) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 48 (with s. 20(2), Sch. 8))

[^key-ca07a426aedc7558e77d7b774d77a38d]: S. 31(3) applied by 1855 c. 81, s. 9(1) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 5(1)(a) (with s. 20(2), Sch. 8))

[^key-545b12f5ed4c14eea9c47e89b857f693]: S. 31(3) applied by 1998 c. 31, s. 23(3) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 75(2) (with s. 20(2), Sch. 8))

[^key-8447badbaf23cb0c2f5c5fa25245a402]: S. 31(3) applied by 1998 c. 31, Sch. 1 para. 10 (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 78 (with s. 20(2), Sch. 8))

[^key-9b0a745a462cc933b3d7bcdb9a16b40a]: S. 70(1) applied by 1987 c. 3, s. 5(8) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 47(2) (with s. 20(2), Sch. 8))

[^key-a7ca36fcc0c21e5cf868b672c352a853]: S. 70(2) excluded by 1996 c. 14, Sch. 5 para. 6 (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 69(3) (with s. 20(2), Sch. 8))

[^key-d10806cfebe20b6ce1fab58e5163b418]: S. 71 applied by 1987 c. 3, s. 5(8) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 47(2) (with s. 20(2), Sch. 8))

[^key-d91eb72bf0f6631b020852a305a5d9ee]: Ss. 73(1)-(6) applied by 1987 c. 3, s. 5(8) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 47(2) (with s. 20(2), Sch. 8))

[^key-958dc2170a1d3b76e144d80ee1ed115c]: S. 74 applied by 1987 c. 3, s. 5(8) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 47(2) (with s. 20(2), Sch. 8))

[^key-8733088bb4a7fd6a4fee3faa90772571]: S. 88 applied by 1987 c. 3, s. 5(8) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 47(2) (with s. 20(2), Sch. 8))

[^key-eeb395eb12bf002fc5b74e41861f5e49]: S. 89 applied by 1987 c. 3, s. 5(8) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 47(2) (with s. 20(2), Sch. 8))

[^key-34cb9387b88ea1cb11fe3b007bf930fe]: S. 337 applied by 1855 c. 81, s. 9(2) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 5(2) (with s. 20(2), Sch. 8))

[^key-cbc9927c1908fe4ace949e350d0771b4]: S. 337 applied by 1906 c. 25, s. 4(4) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 8(2) (with s. 20(2), Sch. 8))

[^key-2359bfaa616c264f02e21784103e867e]: S. 337 applied by 1943 gsm1, s. 14(4) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 9(2) (with s. 20(2), Sch. 8))

[^key-c5656d4f66719fb43310414179d2fdd1]: S. 337 applied by 1987 c. 15, s. 4(4) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 48 (with s. 20(2), Sch. 8))

[^key-9d3ce8892780947ea323a3217b583fc3]: S. 339 applied by 1987 c. 15, s. 4(4) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 48 (with s. 20(2), Sch. 8))

[^key-6995b6f8cae4f07d463c286a326b7aa9]: Sch. 6 applied by 1969 c. 22, s. 4(8A) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 17(1) (with s. 20(2), Sch. 8))

[^key-55a27192a0267bc0c6c020c5d29af48d]: Sch. 6 applied by 1987 c. 3, s. 5(8B) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 47(2) (with s. 20(2), Sch. 8))

[^key-44a0c4bc272b516ab5774491bb018313]: Sch. 6 applied by 1987 c. 15, s. 4(2) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 48 (with s. 20(2), Sch. 8))

[^key-d8e2fccfb97e2ae1d0d6a45330ef532f]: S. 1(1) restricted (1.4.2012) by The Finance Act 2010, Schedule 6, Part 1 (Further Consequential and Incidental Provision etc) Order 2012 (S.I. 2012/735), arts. 1, 5(1) (with art. 2)

[^key-8d99e45ba2e95362d10f98755399a821]: S. 1(1) restricted (1.4.2012) by The Finance Act 2010, Schedule 6, Part 1 (Further Consequential and Incidental Provision etc) Order 2012 (S.I. 2012/735), arts. 1, 6(1) (with art. 3)

[^key-081220995679f8c7e920cf06abc8d327]: S. 80(1)(a)(iii) and preceding word inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 62(2) (with art. 5)

[^key-2e3a1045b1c90b020cad704381d16cb5]: S. 149(7)(ba)-(bd) inserted (1.10.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 184(c); S.I. 2012/1831, art. 2(2)

[^key-841ddb646ef1382dfaa687695570faf1]: Words in s. 178(1) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 62(3) (with art. 6)

[^key-f8e0e5f4bb6bfe67c07f1747df1e0504]: Words in s. 180(1) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 62(4) (with art. 5)

[^key-1f8602ff27e01864b8895e8e38804d26]: Words in s. 183(2)(b) substituted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 62(5) (with art. 5)

[^key-6553ff08ab87f2955001587dcdc80a8d]: Pt. 8 applied (with modifications) (2.1.2013) by The Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012 (S.I. 2012/3013), regs. 1, 41

[^key-132bd830c1903793d6a4a7882bf62c1b]: S. 29 modified (2.1.2013) by The Charitable Incorporated Organisations (General) Regulations 2012 (S.I. 2012/3012), regs. 1, 6(2)(a)

[^key-b3d11263c7517094c51fed742720ddec]: Ss. 30-34 excluded (2.1.2013) by The Charitable Incorporated Organisations (General) Regulations 2012 (S.I. 2012/3012), regs. 1, 6(3)

[^key-a9726ac97b594f56c13bb862d296b213]: S. 35 modified (2.1.2013) by The Charitable Incorporated Organisations (General) Regulations 2012 (S.I. 2012/3012), regs. 1, 6(4)

[^key-97417eb2f69a9278aa470118b31a5730]: S. 36 modified (2.1.2013) by The Charitable Incorporated Organisations (General) Regulations 2012 (S.I. 2012/3012), regs. 1, 6(5)(a)

[^key-131540ce72084a89621b82efa085af6b]: S. 38 modified (2.1.2013) by The Charitable Incorporated Organisations (General) Regulations 2012 (S.I. 2012/3012), regs. 1, 6(6)

[^key-aa287c5acff4dc68601a17c20519425c]: S. 43 applied (2.1.2013) by The Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012 (S.I. 2012/3013), regs. 1, 37(6)

[^key-66c278b3e97e64c472f9de35d0bf0fe2]: S. 44 applied (2.1.2013) by The Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012 (S.I. 2012/3013), regs. 1, 37(6)

[^key-8f0272f36b2aae2514fa8c917949be3b]: S. 88 applied (with modifications) (2.1.2013) by The Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012 (S.I. 2012/3013), regs. 1, 25(4)

[^key-00f4ab84906de3ec5290490583a7c1d6]: S. 310 applied (with modifications) (2.1.2013) by The Charitable Incorporated Organisations (General) Regulations 2012 (S.I. 2012/3012), regs. 1, 61

[^key-a27aea72889af3eea1e2d5fb396b2d02]: S. 312 applied (with modifications) (2.1.2013) by The Charitable Incorporated Organisations (General) Regulations 2012 (S.I. 2012/3012), regs. 1, 61

[^key-5a50144db4af77f0e71589c0ebb69454]: S. 336 applied (2.1.2013) by The Charitable Incorporated Organisations (General) Regulations 2012 (S.I. 2012/3012), regs. 1, 26(5)

[^key-514d84b2542f9f48afdd58df08fc1bb9]: S. 336 applied (2.1.2013) by The Charitable Incorporated Organisations (General) Regulations 2012 (S.I. 2012/3012), regs. 1, 27(2)

[^key-e30c94019a210c7c1cae526ae0971ab9]: S. 337 applied (2.1.2013) by The Charitable Incorporated Organisations (General) Regulations 2012 (S.I. 2012/3012), regs. 1, 26(5)

[^key-6cf4175293164e853b1086bf3bb52993]: S. 337 applied (2.1.2013) by The Charitable Incorporated Organisations (General) Regulations 2012 (S.I. 2012/3012), regs. 1, 27(2)

[^key-910cf1a65e8e34d00eb139cef499822a]: Sch. 9 para. 26(2): 2.1.2013 appointed as "the relevant commencement date" by S.I. 2012/3011, art. 2(1) (with art. 2(2))

[^key-aec0ae9baeb97c3ac5ff013482f2cb99]: Words in s. 180(1) inserted (2.1.2013) by The Charitable Incorporated Organisations (Consequential Amendments) Order 2012 (S.I. 2012/3014), arts. 1, 5(a)(i)

[^key-e42b7d2747d3d9f2858dcf5eb70588af]: Words in s. 180(1) inserted (2.1.2013) by The Charitable Incorporated Organisations (Consequential Amendments) Order 2012 (S.I. 2012/3014), arts. 1, 5(a)(ii)

[^key-2bd7c3d255f06d23b3a8b36f3e336664]: Words in s. 180(2) inserted (2.1.2013) by The Charitable Incorporated Organisations (Consequential Amendments) Order 2012 (S.I. 2012/3014), arts. 1, 5(b)(i)

[^key-bdec2a11b973d1d7235845d31332ac3d]: Words in s. 180(2) inserted (2.1.2013) by The Charitable Incorporated Organisations (Consequential Amendments) Order 2012 (S.I. 2012/3014), arts. 1, 5(b)(ii)

[^key-bb1fc18c431a133d5810b8eaf339ed4d]: Words in s. 181(5) inserted (2.1.2013) by The Charitable Incorporated Organisations (Consequential Amendments) Order 2012 (S.I. 2012/3014), arts. 1, 6(a)

[^key-1f6281f30aa6af5e2c32883d830eceae]: Words in s. 181(5)(a) inserted (2.1.2013) by The Charitable Incorporated Organisations (Consequential Amendments) Order 2012 (S.I. 2012/3014), arts. 1, 6(b)

[^key-1a2a49efa2aa5cb1da66e6a9217020dc]: Words in s. 181(5)(b) substituted (2.1.2013) by The Charitable Incorporated Organisations (Consequential Amendments) Order 2012 (S.I. 2012/3014), arts. 1, 6(c)

[^key-ba844cb91a6885c38b5a2a818cb79701]: Words in s. 183(2)(a) inserted (2.1.2013) by The Charitable Incorporated Organisations (Consequential Amendments) Order 2012 (S.I. 2012/3014), arts. 1, 7

[^key-da3666bd80fd45b4635a5b49d2b04c3c]: Words in Sch. 6 inserted (2.1.2013) by The Charitable Incorporated Organisations (Consequential Amendments) Order 2012 (S.I. 2012/3014), arts. 1, 8

[^key-11201d293ced803afeac48926bcfa061]: Words in s. 109(3) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 136 (with Sch. 20); S.I. 2013/423, Sch.

[^key-85043d8e90e4fa9a770b9b2d3f8cbab4]: S. 149(7)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 184(a); S.I. 2013/160, art. 2(2) (with arts. 7-10 Sch. para. 1 Sch. para. 6 Sch. para. 16)

[^key-102621a0f38ea400896205e182d3b0f9]: S. 149(7)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 184(b); S.I. 2013/160, art. 2(2) (with arts. 7-10 Sch. para. 1 Sch. para. 6 Sch. para. 16)

[^key-700ba6c1301cfdfcb7560f1fb3f73a59]: S. 149(7)(f) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 184(d); S.I. 2013/160, art. 2(2) (with arts. 7-10 Sch. para. 1 Sch. para. 6 Sch. para. 16)

[^key-310460d47ad9a73a83c77895483a9834]: Words in s. 230(2)(b) substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 11 para. 11 (with Sch. 12)

[^key-e0c79cfce72b975572647c47aea945a7]: S. 74 excluded (15.7.2013) by The Charities Act 2011 (Commencement No. 2) Order 2013 (S.I. 2013/1775), Sch. 2 para. 2

[^key-e6fb98ff27db82f7b186bcd13bcdf52f]: Word in s. 97(3)(a) omitted (22.7.2013) by virtue of The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 1 para. 44(a)

[^key-1ff27d5bb4698bbe8ef022b898f13b04]: S. 97(3)(c) and preceding word inserted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 1 para. 44(b)

[^key-672991e9e89332fa1f1f2968830f2360]: Word in s. 101(3)(a) omitted (22.7.2013) by virtue of The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 1 para. 44(a)

[^key-0df3f87bc2290a5758c067dfe681f210]: S. 101(3)(c) and preceding word inserted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 1 para. 44(b)

[^key-ec21c8896b68246ee54f9d4faa56ded5]: S. 57 modified (1.9.2013) by The Charities Act 2011 (Principal Regulators of Exempt Charities) Regulations 2013 (S.I. 2013/1764), regs. 1, 5(1)

[^key-e76d4cef60309cbfaf4194b729f36c80]: S. 57 modified (1.9.2013) by The Charities Act 2011 (Principal Regulators of Exempt Charities) Regulations 2013 (S.I. 2013/1764), regs. 1, 5(2)

[^key-44c75f19811f86b537dcc14aeb71d3ef]: Sch. 9 para. 7: 1.9.2013 appointed as "the relevant commencement date" by S.I. 2013/1775, art. 2, Sch. 1 para. 1(a) (with Sch. 2)

[^key-0d5e491027c193043779495f8135bbeb]: Sch. 9 para. 11: 1.9.2013 appointed as "the relevant commencement date" by S.I. 2013/1775, art. 2, Sch. 1 para. 1(c) (with Sch. 2)

[^key-f5f9d13902ae11189d499f265be6b05f]: Sch. 9 para. 13: 1.9.2013 appointed as "the relevant commencement date" by S.I. 2013/1775, art. 2, Sch. 1 para. 1(d) (with Sch. 2)

[^key-2195b3c7e845a73caf1f82108835c829]: Sch. 9 para. 15: 1.9.2013 appointed as "the relevant commencement date" by S.I. 2013/1775, art. 2, Sch. 1 para. 1(e) (with Sch. 2)

[^key-6c6f04887f99ce54bd1d86b45d225f0f]: Sch. 9 para. 16: 1.9.2013 appointed as "the relevant commencement date" by S.I. 2013/1775, art. 2, Sch. 1 para. 1(f) (with Sch. 2)

[^key-6f5183972ddb7cd2f647c44fe851fa1d]: Sch. 9 para. 17: 1.9.2013 appointed as "the relevant commencement date" by S.I. 2013/1775, art. 2, Sch. 1 para. 1(g) (with Sch. 2)

[^key-136f9cf6d0fa3ee62802d38467d42e3e]: Sch. 9 para. 18: 1.9.2013 appointed as "the relevant commencement date" by S.I. 2013/1775, art. 2, Sch. 1 para. 1(h) (with Sch. 2)

[^key-02c21f665c7ba2f551f698cc40954ef3]: Sch. 9 para. 20: 1.9.2013 appointed as "the relevant commencement date" by S.I. 2013/1775, art. 2, Sch. 1 para. 1(i) (with Sch. 2)