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Charities Act 2022

Contents

Territorial extent and application

  1. Section 41 sets out the territorial extent of the Act, that is the jurisdictions which the Act forms part of the law of. The extent of an Act can be different from its application. Application is about where an Act produces a practical effect.
  2. This Act extends to England and Wales only, subject to certain exceptions. Section 24, Schedule 1, and paragraphs 12 and 46 of Schedule 2, extend as far as the enactments to which they apply, which in some cases will be narrower, and in others broader, than the general application of the Act: see section 41 of the Act.
  3. In relation to Wales, charity law is reserved to the United Kingdom Government by section B22 of paragraph 1 of Schedule 7A to the Government of Wales Act 2006 and therefore no Legislative Consent Motion is required.
  4. In relation to Scotland, charity law is not reserved to the United Kingdom Government by Schedule 5 of the Scotland Act 1998 and is therefore devolved to the Scottish Parliament.
  5. In relation to Northern Ireland, charity law is not an excepted or reserved matter under Schedule 2 or 3 of the Northern Ireland Act 1998 and is therefore transferred to the Northern Ireland Assembly.
  6. Section 24 makes amendments to, and repeals sections of, the Universities and College Estates Act 1925 ("the UCEA 1925"). Schedule 1 makes changes necessary to remove redundant references to the UCEA 1925 from other legislation. The UCEA 1925 applies to named institutions in England and has UK wide extent. Some of the provisions which are amended by Schedule 1 also extend to Scotland or to the UK.
  7. Paragraph 12 of Schedule 2 makes an amendment to section 5(8) of the Coal Industry Act 1987. Whilst the Coal Industry Act 1987 extends to England and Wales and Scotland, section 5(10) makes clear that section 5(8) does not apply to Scotland.
  8. Paragraph 46 of Schedule 2 inserts a new section 77(2)(e) into the Companies Act 2006. The Companies Act 2006 has UK extent, however, the new section 77(2)(e) will only apply to charitable companies in England and Wales.
  9. There is a convention that Westminster will not normally legislate with regard to matters that are within the legislative competence of the Scottish Parliament, Senedd Cymru or the Northern Ireland Assembly without the consent of the legislature concerned.
  10. See the table in Annex A for a summary of the position regarding territorial extent and application in the United Kingdom.

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