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Charities Act 2011

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Charities Act 2011, Cross Heading: Regulations and orders is up to date with all changes known to be in force on or before 16 December 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Regulations and ordersE+W

347Regulations and orders: generalE+W

(1)Any power of the [F1Secretary of State] to make any regulations or order under this Act is exercisable by statutory instrument.

(2)Subject to sections 348(1) and 349(1), regulations or orders of the [F1Secretary of State] under this Act are subject to annulment in pursuance of a resolution of either House of Parliament.

(3)Any regulations of the [F2Secretary of State] or the Commission and any order of the [F2Secretary of State] under this Act may make—

(a)different provision for different cases or descriptions of case or different purposes or areas, and

(b)such supplemental, incidental, consequential, transitory or transitional provision or savings as the [F2Secretary of State] or, as the case may be, the Commission considers appropriate.

(4)Nothing in this section applies to an order under paragraph 29 of Schedule 9 (transitory modifications).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

348Regulations subject to affirmative procedure etc.E+W

(1)Section 347(2) (negative procedure) does not apply to—

(a)regulations under section 19 (fees and other amounts payable to Commission) which require the payment of a fee in respect of any matter for which no fee was previously payable;

(b)regulations under section 25 (meaning of “principal regulator”) which amend any provision of an Act;

[F3(ba)regulations under section 181A(8) (conditions for disqualification by order);]

(c)regulations under section 245 (regulations about winding up, insolvency and dissolution of CIOs).

(2)No regulations within subsection (1)(a) [F4, (bb)] or (c) may be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.

(3)No regulations within subsection (1)(b) may be made (whether alone or with other provisions) unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.

(4)Before making any regulations under—

[F5(zb)section 181A(8), if the regulations add a condition,]

(a)Part 8 (charity accounts, reports and returns), or

(b)section 245 or 246 (certain powers to make regulations about CIOs),

the [F6Secretary of State] must consult such persons or bodies of persons as the [F6Secretary of State] considers appropriate.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

349Orders subject to affirmative procedure etc.E+W

(1)Section 347(2) (negative procedure) does not apply to—

(a)an order under section 23 (power to amend Schedule 3 so as to add or remove exempt charities);

(b)an order under section 73(2) (powers to make schemes altering provision made by Acts etc.);

(c)an order under section 190 (power to amend provisions relating to indemnity insurance for charity trustees and trustees);

(d)an order under section 324 (power to amend provisions relating to appeals and applications to Tribunal).

(2)No order within subsection (1)(a) may be made (whether alone or with other provisions) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(3)No order within subsection (1)(c) or (d) may be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(4)If a draft of an instrument containing an order under section 23 would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

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