PART 1

Purposes, powers and governing documents

Charitable incorporated organisations

Amendments to constitution of CIOs
2
1
The Charities Act 2011 is amended as follows.
2
In section 226 (amendment of constitution and Commission’s consent)—
a
for subsection (1) substitute—
1
An amendment to a CIO’s constitution which would make a regulated alteration—
a
requires the prior written consent of the Commission, and
b
cannot take effect if such consent has not been obtained.
;
b
after subsection (2) insert—
2A
In considering whether to consent to an alteration falling within subsection (2)(a) the Commission must have regard to—
a
the purposes of the CIO when it was established, if and so far as they are reasonably ascertainable,
b
the desirability of securing that the purposes of the CIO are, so far as reasonably practicable, similar to the purposes being altered, and
c
the need for the CIO to have purposes which are suitable and effective in the light of current social and economic circumstances.
3
In section 227 (registration and coming into effect of amendments)—
a
after subsection (1) insert—
1A
An amendment to a CIO’s constitution that makes a regulated alteration falling within section 226(2)(a) takes effect—
a
when it is registered by the Commission, or
b
if later, on the date specified for that purpose in the resolution containing the amendment.
1B
Any other amendment to a CIO’s constitution takes effect (whatever the date on which the amendment is registered by the Commission)—
a
on the date the resolution containing it is passed, or
b
if a later date is specified for that purpose in the resolution containing the amendment, on that later date.
1C
Subsections (1A) and (1B) are subject to section 226(1).
;
b
omit subsections (2) to (5).
S. 2 not in force at Royal Assent, see s. 41(4)
S. 2 in force at 7.3.2024 by S.I. 2024/265, reg. 3, Sch. 1 para. 2 (with reg. 7)