Part 18Miscellaneous and supplementary

Regulations and orders

348Regulations subject to affirmative procedure etc.

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;

F5ba

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

F1ba

regulations under section 181A(8) (conditions for disqualification by order);

c

regulations under section 245 (regulations about winding up, insolvency and dissolution of CIOs).

F8d

regulations under section 285(3) (power to amend period or multiplier specified);

F9e

regulations under section 352A (power to amend definition of “connected person”).

2

No regulations within subsection (1)(a) F6 , (ba) F2, (bb)F10, (c), (d)F11or (e) 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.

C14

Before making any regulations under—

F7za

section 178A(4), if the regulations add an offence,

F3zb

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 F4Secretary of State must consult such persons or bodies of persons as the F4Secretary of State considers appropriate.