Charities Act 2011

226Amendment of constitution and Commission's consentE+W

[F1(1)An amendment to a CIO’s constitution which would make a regulated alteration—

(a)requires the prior written consent of the Commission, and

(b)cannot take effect if such consent has not been obtained.]

(2)The following are regulated alterations—

(a)any alteration of the CIO's purposes,

(b)any alteration of any provision of the CIO's constitution directing the application of property of the CIO on its dissolution, and

(c)any alteration of any provision of the CIO's constitution where the alteration would provide authorisation for any benefit to be obtained by charity trustees or members of the CIO or persons connected with them.

[F2(2A)In considering whether to consent to an alteration falling within subsection (2)(a) the Commission must have regard to—

(a)the purposes of the CIO when it was established, if and so far as they are reasonably ascertainable,

(b)the desirability of securing that the purposes of the CIO are, so far as reasonably practicable, similar to the purposes being altered, and

(c)the need for the CIO to have purposes which are suitable and effective in the light of current social and economic circumstances.]

(3)Sections 248 (meaning of “benefit”) and 249 (meaning of “connected person”) apply for the purposes of this section.

Textual Amendments