109.In section 81(2)(h), for “section 13 of the Charities Act... Education and Inspections Act 2006 (c. 40). Report of inquiry to be evidence in certain proceedings. (1) Amend Schedule 3 as follows. 4. (1) The official custodian is not liable as trustee for... 5.The official custodian must— (a) keep such books of account... 6.The Comptroller and Auditor General must— (a) examine, certify and... 7.The Commission must publish and lay before Parliament a copy... Institutions with an exemption from the Charitable Trusts Acts 1853 to 1939. 2. 126. (See end of Document for details) Charities Act 2011. The Act will come into force in March 2012. (2) Under the heading... (1) Amend Schedule 6 as follows. by members of charitable companies, 202.Consent of Commission required for certain acts of charitable company, Restoration of charitable company to register, 203.Application for restoration of charitable company to register, Part 11 Charitable incorporated organisations (CIOs), 207.Application for CIO to be constituted and registered, 208.Cases where application must or may be refused, 213.Civil consequences of failure to disclose name or status, 214.Offence of failing to disclose name or status, 215.Offence of holding out that a body is a CIO. 2). 20.The Board of Trustees of the Tate Gallery. The Charities Act 2011 came into effect on 14 March 2012. 86.In Schedule 11A, in paragraph 7(2)(a), for the words from... 87.In Schedule 11B, in paragraph 12(4)(b), for “or section 24... 88.In section 143(6)(d), for “the Charities Act 1993)” substitute “... 89.In section 38— (a) in paragraph (a), for “section 24... 90.In section 39(1)— (a) in the definition of “charitable purposes”,... Criminal Justice and Court Services Act 2000 (c. 43). Regulations subject to affirmative procedure etc. section 9 . 10. Universities of Durham and Newcastle-upon-Tyne Act 1963. Part 1 Meaning of “charity” and “charitable purpose”, Recreational trusts and registered sports clubs, 7.Application of this Chapter in relation to Scotland, 8.Application of this Chapter in relation to Northern Ireland, 10.Ecclesiastical corporations etc. (c) A director may receive an indemnity from the charity in the circumstances specified in article 57. of charity whose charity trustees are incorporated, 259.Filling up of vacancies in charity trustees, 260.Execution of documents by incorporated body: general, 261.Conferral of authority to execute documents, Commission's powers to amend certificate or dissolve body, 262.Amendment of certificate of incorporation, 264.Records of applications and certificates, 265.Meaning of “incorporated body” and “relevant charity”, 266.Effect of provisions relating to vesting or transfer of property, Power to transfer all property of unincorporated charity, 269.Notice of, and information about, resolution to transfer property, 270.General rule as to when s.268 resolution takes effect, 271.S.268 resolution not to take effect or to take effect at later date, 272.Transfer of property in accordance with s.268 resolution, 273.Transfer where charity has permanent endowment: general, 274.Requirements relating to permanent endowment, Powers to alter purposes or powers etc. 21. Charity trustees bound by conditions in certificate etc. In section 7, for subsection (2) substitute—. 74.Restriction on expenditure on promoting Bills, 75.Further powers to alter application of charitable property. 12. 5. : supplementary, 83.Power to suspend or remove trustees etc. 73.Powers to make schemes altering provision made by Acts, etc. 32.Power to alter sums specified in s.30(2), 33.Power to repeal provisions relating to excepted charities, Registration: duties of trustees and claims and objections, 35.Duties of trustees in connection with registration, Effect of registration and right to inspect register. 70.In Schedule 1, in paragraph 4(2)— (a) in paragraph (a),... 71.In section 58, for subsection (1) substitute—. Power to repeal provisions relating to excepted charities, Duties of trustees in connection with registration. This date is our basedate. purchased at the charity’s expense in accordance with, and subject to the conditions in, section 189 of the Charities Act 2011. In section 80— (a) omit subsections (3)(a), (b) and (d)... (1) Amend section 558 as follows. Any changes that have already been made by the team Charities Act 2011 creates new standard of charity law for England and Wales The long-awaited Charities Bill to consolidate the whole of charity law for England and Wales has now become law as the Charities Act 2011. 4. An Act to make provision for the registration of charities, the administration of charities and their affairs, the regulation of charities and institutions of a public character, the regulation of fund-raising activities carried on in connection with charities and other institutions and the conduct of fund-raising appeals, and for purposes connected therewith. Part 6 Cy-près powers and assistance and supervision of charities by court and Commission, 61.Duty of trustees in relation to application of property cy-près, 62.Occasions for applying property cy-près, 63.Application cy-près: donor unknown or disclaiming, 66.Unknown and disclaiming donors: supplementary, 68.Charities governed by charter, or by or under statute. 340.Enrolment and deposit of documents etc. Nigel Davies, Accountancy Policy Team, Charity Commission, provides advice on if and when to update your accounting policies and documents for the Charities Act 2011 The Charities Act 2011 consolidates previous charity legislation into a single comprehensive Act. Yes No Are the risks of using the name high? The Whole section 8 9 Ibid. 185.Remuneration of charity trustees or trustees etc. (1) Sub-paragraph (2) applies if, in relation to charities of... Exempt charities and duty of auditors etc. 19.The Board of Trustees of the National Gallery. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. Trustee Act means the Trustee Act 2000. 18. 11. It consolidates existing charities legislation into a single Act of Parliament. 17.Sections 63, 64 and 67 apply to property given for... Official custodian as successor to official trustee of charity lands and official trustees of charity funds. Change of name not to affect existing rights and obligations etc. (1) In section 4, for subsections (6) to (8A) substitute—... 18.In section 7, for subsection (2) substitute—, Sharing of Church Buildings Act 1969 (c. 38). 8. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. 342.Report of inquiry to be evidence in certain proceedings. An Act to consolidate the Charities Act 1993 and other enactments which relate to charities Part 1 of the Charities Act 2006, which came into force on 1 April 2008, and was consolidated as Part 1 Chapter 1 of the Charities Act 2011, enacted a statutory definition of ‘charity’. Aims and charitable aims mean the aims which the charity is set up to achieve. Manner of giving notice of charity meetings, etc. 16.In section 4A(6), for “as defined by section 1(1) of... Redundant Churches and other Religious Buildings Act 1969 (c. 22). 56.In section 4, in paragraph (d) of the definition of... Further and Higher Education Act 1992 (c. 13). 122.Instruments concerning dispositions of land: required statements, etc. (1) Sub-paragraph (2) applies if section 2 of the Co-operative... Power to amend enactments in connection with changes in exempt charities. Regulations to secure that any institution ceasing to be an exempt charity on the relevant commencement date is excepted. (1) Sub-paragraph (2) applies if paragraph 2, 3 or 4... Exempt charities and the principal regulator. There is no presumption that any type of charity is for the public benefit. 96.In Schedule 2, for paragraph 5(4) substitute—. (d) A director may not receive any other benefit or payment unless it is authorised by article 7. Actions Download PDF (143.1 KB) Amendments RSS Feed; Add to My Collections; S 530/2012 Charities (Institutions of A Public Character) Regulations. 4. Prescribed form for CIOs whose principal office is in England 2. 39.Statement required to be made in official publications etc. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. (1) In section 8(1), for “the Charities Act 1993” substitute... Synodical Government Measure 1969 (No. providing services to charity, 186.Disqualification of charity trustee or trustee receiving remuneration under s.185. 3. Places of Worship Registration Act 1855 (c. 81). The Bill has now completed ALL its stages (the detailed debate was in the Lords - in the Commons it went though as a formality). Trusts of Land and Appointment of Trustees Act 1996 (c. 47). It consolidated the bulk of the Charities Act 2006, outstanding provisions of the Charities Act 1993, and various other enactments. Charities Act 2011 (c. 25) Part 1 – Meaning of “charity” and “charitable purpose” CHAPTER 1 – General Document Generated: 2018-01-28 3 Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Charities Act 2011. 200 provisions and might take some time to download. from membership of charity, 84.Power to direct specified action to be taken, 84A.Power to direct specified action not to be taken, 85.Power to direct application of charity property, 86.Copy of certain orders, and reasons, to be sent to charity, 87.Supervision by Commission of certain Scottish charities, 89.Publicity for orders relating to trustees or other individuals, 90.Entrusting charity property to official custodian, and termination of trust, 91.Supplementary provisions as to property vested in official custodian, Official custodian and Reverter of Sites Act 1987, 92.Divestment of official custodian where 1987 Act due to operate, 93.Divestment of official custodian where 1987 Act has operated, 94.Vesting of land in relevant charity trustees following divestment, 95.Supplementary provisions in connection with 1987 Act, Establishment of common investment or deposit funds, 96.Power to make common investment schemes, 97.Bodies which may participate in common investment schemes, 98.Provisions which may be included in common investment schemes, 99.Further provisions relating to common investment schemes and funds, 101.Bodies which may participate in common deposit schemes, 102.Provisions which may be included in common deposit schemes, 103.Further provisions relating to common deposit schemes and funds, 104.Meaning of “Scottish recognised body” and “Northern Ireland charity”, 104A.Investment of endowment fund on total return basis, 104B.Total return investment: regulations. Statement required to be made in official publications etc. 5. The first date in the timeline will usually be the earliest date when the provision came into force. 3). 145.In section 10(1), for “section 96(2) of the Charities Act... Mission and Pastoral Measure 2011 (No. in s.310 and s.311, 313.Effect of provisions relating to vesting or transfer of property, 316.Rules relating to appeals, applications or references, CHAPTER 2 Appeals and applications to Tribunal, 324.Power to amend provisions relating to appeals and applications to Tribunal, 327.Powers of Commission in relation to matters referred to Tribunal, 328.Suspension of time limits while reference is in progress, 329.Agreement for Commission to act while reference is in progress, 330.Appeals and applications in respect of matters determined on references, Administrative provisions about charities. The Board of Trustees of the National Portrait Gallery. Maximum term of imprisonment for offence under section 57(3). In section 16(3), omit the definition of “charity”. The Charities Act 2011 Introduction The Charities Act 2006 made substantial changes to the Charities Act 1993. Royal assent, 14 December 2011. 6.In section 1(d) for “except with the consent of the... Technical and Industrial Institutions Act 1892 (c. 29). Cap. Those changes will be listed when you open the content using the Table of Contents below. of charities which are not companies, Disclosure of charitable status by companies, 194.Requirement to disclose charitable status, 195.Civil consequences of failure to make required disclosure, 196.Criminal consequences of failure to make required disclosure, 197.Alteration of objects by bodies corporate and charitable status, 198.Alteration of objects by companies and Commission's consent, 200.Meaning of “connected person” in s.198(2), 201.Consent of Commission required for approval etc. In section 106(1), in the definition of “charity”, for “section... (1) Amend Schedule 3 as follows. 9. The form specified for the purposes of section 206(3) of the Charities Act 2011(a) for charitable We use some essential cookies to make this website work. 149. Charities and Trustee Investment (Scotland) Act 2005 (asp 10), 106.In section 36(1), for paragraphs (a) and (b) substitute—. For more information see the EUR-Lex public statement on re-use. The Whole Act you have selected contains over 200 provisions and might take some time to download. CHAPTER 4 Annual reports and returns and public access to accounts etc. 2). 120.Requirements for leases which are for 7 years or less etc. (1) Sub-paragraph (2) applies if, in relation to charities of... Disqualification and references to section 429(2) of Insolvency Act 1986. 21.The Board of Trustees of the National Portrait Gallery. 20. (2) It shall come into force at once. of unincorporated charity, 275.Resolution to replace purposes of unincorporated charity, 276.Notice of, and information about, s.275 resolution, 277.General rule as to when s.275 resolution takes effect, 278.S.275 resolution not to take effect or to take effect at a later date, 279.Replacement of purposes in accordance with s.275, 280.Power to modify powers or procedures of unincorporated charity, Powers of unincorporated charities to spend capital, 281.Power of unincorporated charities to spend capital: general, 282.Resolution to spend larger fund given for particular purpose, 283.Notice of, and information about, s.282 resolution, 284.When and how s.282 resolution takes effect, 285.Power to alter sums specified in this Part, 286.Effect of provisions relating to vesting or transfer of property, 288.Power to spend capital subject to special trusts: general, 289.Resolution to spend capital subject to special trusts: larger fund, 290.Notice of, and information about, s.289 resolution, 291.When and how s.289 resolution takes effect, 292.Power to alter sum specified in s.289, 292B.General power to make social investments, 292C.Charity trustees' duties in relation to social investments, 294.Local authority's index of local charities, 295.Reviews of local charities by local authority, 297.Co-operation between charities, and between charities and local authorities, 298.Transfer of property to parish or community council or its appointees, 299.Local authorities' power to appoint representative trustees, 300.Powers of appointment deriving from pre-1894 powers, 301.Powers of appointment deriving from pre-1927 powers, 302.Term of office of trustees appointed under s.299 to s.301, 304.Effect of provisions relating to vesting or transfer of property. The Trustees of the National Maritime Museum. Powers to make schemes altering provision made by Acts, etc. In section 537C— (a) in subsection (1)(a), for “section 13... (1) In section 23, for subsection (1A) substitute—. of group accounts, 159.Application of duty in relation to Companies Act auditors. 12.In relation to an offence committed before the commencement of... Power to call for documents etc. Would we direct the trustees to change it were they to refuse to change it themselves? 3.—(1) For the purposes of this Act, a charitable purpose is a purpose specified in the First Schedule that is for the public benefit. The Charities Bill, which consolidates existing legislation into a single Act, has received Royal Assent and is now the Charities Act 2011. Also use cookies set by other Sites to help us deliver content from their services ). For civil Society with the support of the Co-operative... References to Acts. A ) paragraph 4 ( 7 ) and 19 ( f ).! 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