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The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016

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Charities Act 2011 (c. 25)

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25.—(1) The Charities Act 2011 is amended as follows.

(2) In the following provisions for “Minister” in each place substitute “Secretary of State”—

(a)section 19(1) (fees payable to the Charity Commission);

(b)section 23(1), (2) and (3) (power to add or remove exempt charities);

(c)section 24 (power to remove defunct institutions);

(d)section 27(1) (amendments in relation to duty of principal regulator);

(e)section 30(2)(c)(i) (description of charity not required to be registered)

(f)section 32(1), (2) and (3) (amendment of registration requirements);

(g)section 33 (repeal of provisions relating to excepted charities);

(h)section 35(2)(b) (duties of trustees in connection with registration);

(i)section 36(2) (claims and objections to registration);

(j)section 40 (requirement for disclosure of registered charity status);

(k)section 42(2)(c) (power to require charity’s name to be changed);

(l)section 58(5) (disclosure to and by principal regulators of exempt charities);

(m)section 72 (amendment of power of Commission to make schemes);

(n)section 73(2) (power to make schemes altering provision made by Acts);

(o)section 78(8) (appointment of interim managers);

(p)section 88(1)(b) (publicity relating to schemes);

(q)section 109(3)(d) (dormant bank accounts);

(r)section 119(4) requirements for dispositions other than certain leases);

(s)section 128 (release of charity rentcharges);

(t)section 132(1) (preparation of statement of accounts);

(u)section 139(2) and (3) (exceptions to requirement to prepare group accounts);

(v)section 142(1)(b) (definition of “group accounts”);

(w)section 145(6) (examination of accounts for lower-income charities);

(x)section 154(1) (audits and examinations);

(y)section 162(1) (preparation of annual reports by charity trustees);

(z)section 166(2) (annual reports and group accounts);

(aa)section 174(1) (powers to set financial thresholds);

(bb)section 175 (aggregate gross income of group);

(cc)section 176(3) (powers to set financial thresholds);

(dd)section 178A(4) (specified offences)(1);

(ee)section 181A(8) (disqualification orders)(2);

(ff)section 190 (indemnity insurance);

(gg)section 247 (charitable incorporated organisations);

(hh)section 285(1) (unincorporated charities);

(ii)section 292 (special trusts);

(jj)section 324(1) and (2) (appeals and applications to the Tribunal);

(kk)section 331(1)(b) (definition of “charity law”);

(ll)section 340(3) (enrolment and deposit of documents);

(mm)section 347(1), (2) and (3) (general provisions on regulations and orders);

(nn)section 348(4) (requirement to consult before making certain regulations);

(oo)in Schedule 1 (Charity Commission), paragraphs 1(1)(a), (b) and (2), 3(2)(a), (b) and (3), 4(1), (2), (2)(a), (3) and (4);

(pp)in Part 3 of Schedule 8 (transitionals and savings), paragraph 15(1);

(qq)in Schedule 9 (transitory modifications), paragraphs 6(2), 29(3)(b) and 29(5)(b);

(3) In section 25 (meaning of the “principal regulator”), for “Minister”, in the second place it appears, substitute “Secretary of State”.

(4) In section 353(1), omit the definition of “the Minister”.

(5) In Schedule 11 (index of defined expressions), omit the entry for “the Minister”.

(1)

Section 178A was inserted by section 9 of the Charities (Protection and Social Investment) Act 2016 (c.4).

(2)

Section 181A was inserted by section 10 of the Charities (Protection and Social Investment) Act 2016 (c.4).

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