The Charities Act 2022 (Commencement No. 3, Consequential, Saving and Transitional Provisions) Regulations 2024

Saving provision in relation to section 1 of the 2022 Act

6.—(1) In this regulation—

“regulated alteration” has the meaning given by section 198(2) of the 2011 Act;

“relevant proceedings” means, in relation to a decision of the Charity Commission to give or to withhold consent in relation to a regulated alteration, proceedings—

(a)

on an appeal brought to the Tribunal under section 319 of the 2011 Act(1), or

(b)

on an application for judicial review.

(2) Paragraph (3) applies in relation to a charitable company if, prior to 7th March 2024—

(a) the charity trustees of the company have applied to the Charity Commission for consent under section 198(1)(a) to make a regulated alteration, and

(b) any of the following applies—

(i) the Charity Commission has not yet made a decision whether to give or to withhold consent to that regulated alteration;

(ii) the Charity Commission has informed the charity trustees of the company in writing that it consents or is withholding its consent to that regulated alteration and the period for commencing relevant proceedings has not expired;

(iii) relevant proceedings have been commenced.

(3) Sections 198, 199 and 337 of the 2011 Act continue to have effect on and after 7th March 2024 in relation to the charity trustees of the company in respect of the regulated alteration as if section 1 and (as it has effect in relation to section 198 of the 2011 Act) section 37(2)(b) of, and paragraph 43 of Schedule 2 to, the 2022 Act had not come into force.

(1)

Section 319 of the 2011 Act gives the Upper and First-tier Tribunals powers to hear appeals against certain decisions, directions or orders of the Charity Commission. Schedule 6 to the 2011 Act lists those decisions, directions or orders which are subject to appeal to the Tribunals.