Charities Act 2011

Regulations and orders E+W

347 Regulations and orders: general E+W

(1) Any power of the [F1 Secretary 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 [F1 Secretary of State] under this Act are subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Any regulations of the [F2 Secretary of State] or the Commission and any order of the [F2 Secretary 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 [F2 Secretary 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).

Textual Amendments

F1 Words in s. 347(1)(2) 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. 25(2)(mm) (with art. 12)

F2 Words in s. 347(3) 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. 25(2)(mm) (with art. 12)

348 Regulations 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 178A(4) (offences specified for automatic disqualification of charity trustees);]

[F4 (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).

[F5 (d) regulations under section 285(3) (power to amend period or multiplier specified);]

[F6 (e) regulations under section 352A (power to amend definition of “connected person”).]

(2) No regulations within subsection (1)(a) [F7 , (ba) ] [F8 , (bb)] [F9 , (c), (d)] [F10 or (e)] 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—

[F11 (za) section 178A(4), if the regulations add an offence,]

[F12 (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 [F13 Secretary of State] must consult such persons or bodies of persons as the [F13 Secretary of State] considers appropriate.

Textual Amendments

F3 S. 348(1)(ba) inserted (1.2.2018 for specified purposes, 1.8.2018 in so far as not already in force) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 9(19), 17(4); S.I. 2018/47, regs. 2, 3(a) (with reg. 4)

F4 S. 348(1)(ba) inserted (1.10.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 10(6), 17(4); S.I. 2016/815, reg. 3(a)

F5 S. 348(1)(d) inserted (14.6.2023) by Charities Act 2022 (c. 6), ss. 12(4)(a), 41(4); S.I. 2023/643, Sch. para. 4

F6 S. 348(1)(e) inserted (14.6.2023) by Charities Act 2022 (c. 6), ss. 39(2)(a), 41(4); S.I. 2023/643, Sch. para. 18

F7 Word in s. 348(2) inserted (1.2.2018 for specified purposes, 1.8.2018 in so far as not already in force) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 9(20), 17(4); S.I. 2018/47, regs. 2, 3(a) (with reg. 4)

F8 Word in s. 348(2) inserted (1.10.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 10(7), 17(4); S.I. 2016/815, reg. 3(a)

F9 Words in s. 348(2) substituted (14.6.2023) by Charities Act 2022 (c. 6), ss. 12(4)(b), 41(4); S.I. 2023/643, Sch. para. 4

F10 Words in s. 348(2) inserted (14.6.2023) by Charities Act 2022 (c. 6), ss. 39(2)(b), 41(4); S.I. 2023/643, Sch. para. 18

F11 S. 348(4)(za) inserted (1.2.2018 for specified purposes, 1.8.2018 in so far as not already in force) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 9(21), 17(4); S.I. 2018/47, regs. 2, 3(a) (with reg. 4)

F12 S. 348(4)(zb) inserted (1.10.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 10(8), 17(4); S.I. 2016/815, reg. 3(a)

F13 Words in s. 348(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. 25(2)(nn) (with art. 12)

Modifications etc. (not altering text)

C1 S. 348(4) restricted (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), ss. 43(3), 49(1) (with ss. 2(2), 5(2))

349 Orders 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);

F14 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Textual Amendments

F14 S. 349(1)(b) omitted (31.10.2022) by virtue of Charities Act 2022 (c. 6), s. 41(4), Sch. 2 para. 11; S.I. 2022/1109, Sch. para. 11(b)