Draft Regulations laid before Parliament under section 349(1)(a) and (2) of the Charities Act 2011, for approval by resolution of each House of Parliament.
2021 No.
The Charities Act 2011 (Exempt Charities) (British Council) Regulations 2021
Made
Coming into force
These Regulations are made in exercise of the powers conferred by sections 23(1)(b) and (3)(b), 25, 58(4) and 347(3) of the Charities Act 20111 (“the Act”).
In so far as these Regulations make provision to secure that the British Council2 becomes an exempt charity, the Secretary of State is satisfied, in accordance with section 23(2) of the Act, that these Regulations are desirable in the interests of ensuring appropriate or effective regulation of the British Council in connection with compliance by its trustees with their legal obligations in exercising control and management of its administration.
A draft of these Regulations has been laid before Parliament in accordance with section 349(1)(a) and (2) of the Act and approved by resolution of each House of Parliament.
Citation, commencement and extent1
1
These Regulations may be cited as the Charities Act 2011 (Exempt Charities) (British Council) Regulations 2021.
2
These Regulations come into force 7 days after the day on which they are made.
3
Regulations 2, 3 and 5 and the Schedule extend to England and Wales.
4
Regulation 4 and this regulation extend to the whole of the United Kingdom.
Amendment of the Act2
1
Schedule 3 to the Charities Act 2011 (exempt charities)3 is amended as follows.
2
After paragraph 25 insert—
25A
The British Council.
Appointment of principal regulator3
The Secretary of State for Foreign, Commonwealth and Development Affairs is prescribed as the principal regulator of the British Council.
Definition of “responsible person”4
In its application to the Secretary of State for Foreign, Commonwealth and Development Affairs as principal regulator of an exempt charity by virtue of these Regulations, section 57 of the Act has effect as if, for the definition of “responsible person” in subsection (8), there were substituted—
“responsible person” means a person who is or was—
- a
the Secretary of State for Foreign, Commonwealth and Development Affairs;
- b
acting on behalf of the Secretary of State for Foreign, Commonwealth and Development Affairs; or
- c
a member of a committee established by the Secretary of State for Foreign, Commonwealth and Development Affairs.
Transitory modifications in Schedule 9 to the Charities Act 20115
The modifications of the Charities Act 2011 in paragraphs 6, 7, 10, 11, 13, 15, 16, 17, 18, 20, 21, 22 and 25 of Schedule 9 to that Act (transitory modifications) are not to be taken as applying in relation to the British Council.
(This note is not part of the Regulations)