73Report on operation of this ActE+W
(1)The [F1Secretary of State] must, before the end of the period of five years beginning with the day on which this Act is passed, appoint a person to review generally the operation of this Act.
(2)The review must address, in particular, the following matters—
(a)the effect of the Act on—
(i)excepted charities,
(ii)public confidence in charities,
(iii)the level of charitable donations, and
(iv)the willingness of individuals to volunteer,
(b)the status of the Charity Commission as a government department, and
(c)any other matters the Minister considers appropriate.
(3)After the person appointed under subsection (1) has completed his review, he must compile a report of his conclusions.
(4)The [F2Secretary of State] must lay before Parliament a copy of the report mentioned in subsection (3).
(5)For the purposes of this section a charity is an excepted charity if —
(a)it falls within paragraph (b) or (c) of section 3A(2) of the 1993 Act (as amended by section 9 of this Act), or
(b)it does not fall within either of those paragraphs but, immediately before [F331 January 2009], it fell within section 3(5)(b) or (5B)(b) of the 1993 Act.
[F4(6)This section has effect, in relation to any time occurring on or after the commencement of the Charities Act 2011 as if—
(a)the reference in subsection (1) to the operation of this Act included (in relation to provisions of this Act repealed and re-enacted by the 2011 Act) a reference to the operation of the 2011 Act,
(b)the reference in subsection (2)(a) to the effect of the Act included (in relation to provisions of this Act repealed and re-enacted by the 2011 Act) a reference to the effect of the 2011 Act, and
(c)the reference in subsection (5)(a) to paragraph (b) or (c) of section 3A(2) of the 1993 Act (as amended by section 9 of this Act) were a reference to paragraph (b) or (c) of section 30(2) of the 2011 Act.]
Textual Amendments
F1Words in s. 73(1) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 19(2)(c) (with art. 12)
F2Words in s. 73(4) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 19(2)(c) (with art. 12)
F3Words in s. 73(5)(b) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 120(1) (with s. 20(2), Sch. 8)
F4S. 73(6) inserted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 120(2) (with s. 20(2), Sch. 8)
Modifications etc. (not altering text)
C1S. 73 functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 10(2)(e) (with arts. 10(3), 11, 12)
Commencement Information
I1S. 73 in force at 31.1.2009 by S.I. 2008/3267, art. 2, Sch. (with arts. 3-27) (as amended: (29.9.2009) by S.I. 2009/2648, art. 3; (26.7.2010) by S.I. 2010/1942, art. 2; and (1.8.2011) by S.I. 2011/1725, arts. 1(2), 3, Sch. para. 6)