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Part 18E+WMiscellaneous and supplementary

Regulations and ordersE+W

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;

[F1(ba)regulations under section 178A(4) (offences specified for automatic disqualification of charity trustees);]

[F2(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) [F3 , (ba) ] [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(za)section 178A(4), if the regulations add an offence,]

[F6(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 [F7Secretary of State] must consult such persons or bodies of persons as the [F7Secretary of State] considers appropriate.

Textual Amendments

F3Word in s. 348(2) inserted (1.2.2018 for specified purposes) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 9(20), 17(4); S.I. 2018/47, reg. 2

F5S. 348(4)(za) inserted (1.2.2018 for specified purposes) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 9(21), 17(4); S.I. 2018/47, reg. 2