- Latest available (Revised)
- Original (As enacted)
Charities Act 2011, Section 263 is up to date with all changes known to be in force on or before 03 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
(1)The Commission may of its own motion make an order dissolving an incorporated body from such date as is specified in the order, if the Commission is satisfied—
(a)that the body has no assets or does not operate,
(b)that the relevant charity has ceased to exist,
(c)that the institution previously constituting, or treated by the Commission as constituting, the relevant charity has ceased to be, or (as the case may be) was not at the time of the body's incorporation, a charity, or
(d)that the purposes of the relevant charity—
(i)have been achieved so far as is possible, or
(ii)are in practice incapable of being achieved.
(2)The Commission may make an order dissolving an incorporated body from such date as is specified in the order, if the Commission is satisfied, on the application of the charity trustees of the relevant charity, that it would be in the interests of the charity for the body to be dissolved.
(3)Subject to subsection (4), an order made under this section with respect to an incorporated body has the effect of vesting in the charity trustees of the relevant charity, in trust for that charity, all property for the time being vested—
(a)in the body, or
(b)in any other person (apart from the official custodian),
in trust for that charity.
(4)If the Commission so directs in the order—
(a)all or any specified part of that property, instead of vesting in the charity trustees of the relevant charity, vests in—
(i)a specified person as trustee for, or nominee of, that charity, or
(ii)such persons (other than the charity trustees of the relevant charity) as may be specified;
(b)any specified investments, or any specified class or description of investments, held by any person in trust for the relevant charity are to be transferred to—
(i)the charity trustees of that charity, or
(ii)any such person or persons as is or are mentioned in paragraph (a)(i) or (ii).
For this purpose “specified” means specified by the Commission in the order.
(5)Where an order to which this subsection applies is made with respect to an incorporated body—
(a)any rights or liabilities of the body become rights or liabilities of the charity trustees of the relevant charity, and
(b)any legal proceedings that might have been continued or commenced by or against the body may be continued or commenced by or against those trustees.
(6)Subsection (5) applies to any order under this section by virtue of which—
(a)any property vested as mentioned in subsection (3) is vested—
(i)in the charity trustees of the relevant charity, or
(ii)in any person as trustee for, or nominee of, that charity, or
(b)any investments held by any person in trust for the relevant charity are required to be transferred—
(i)to the charity trustees of that charity, or
(ii)to any person as trustee for, or nominee of, that charity.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: