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

Schedules

Regulation 3

Schedule 1 Provisions of the 2022 Act coming into force on 7th March 2024

1.  Section 1 (alteration of charitable company’s purposes).

2.  Section 2 (amendments to constitution of CIOs).

3.  Section 3 (powers of unincorporated charities).

4.  In section 18 (exceptions to restrictions on dispositions or mortgages of charity land)—

(a) subsection (1), in so far as it relates to the provisions of section 18 mentioned in sub-paragraphs (b) to (d) of this paragraph,

(b) subsection (2)(a),

(c) subsection (2)(c), and

(d) subsection (3)(a).

5.  Section 23 (information to be included in certain instruments).

6.  Section 29 (powers relating to appointments of trustees).

7.  Section 31 (remuneration etc of charity trustees etc).

8.  Section 33 (gifts to merged charity).

9.  Section 34 (vesting declarations: exclusions).

10.  Section 35 (vesting permanent endowment following a merger) for the remaining purposes.

11.  Section 37 (public notice as regards Commission orders etc) for the remaining purposes.

12.  Section 40 (minor and consequential provision), in so far as it relates to the provisions brought into force by paragraph 13 of this Schedule 1.

13.  The following paragraphs of Schedule 2 (minor and consequential amendments)—

(a) paragraph 1, in so far as it relates to paragraphs 2 to 10 of Schedule 2,

(b) paragraph 2,

(c) paragraph 3,

(d) paragraph 4,

(e) paragraph 5,

(f) paragraph 6,

(g) paragraph 7,

(h) paragraph 8,

(i) paragraph 9,

(j) paragraph 10,

(k) paragraph 29,

(l) paragraph 38, for the remaining purposes,

(m) paragraph 42,

(n) paragraph 43, and

(o) paragraph 44.

Regulation 4

Schedule 2 Provisions of the 2022 Act coming into force on 19th May 2025

1.  Section 18 (exceptions to restrictions on dispositions or mortgages of charity land) so far as not in force in accordance with paragraph 4 of Schedule 1 to these Regulations.

2.  Section 24 (amendments of the Universities and College Estates Act 1925).

3.  Schedule 1 (amendments of the Universities and College Estates Act 1925: consequential amendments).

Regulation 5

Schedule 3 Consequential amendments to the Land Registration Rules 2003

1.  The Land Registration Rules 2003 are amended in accordance with paragraphs 5 to 9, subject to paragraphs 2 to 4.

2.  The amendments made by this Schedule have no effect in relation to a contract for the sale, or for a lease or other disposition, of land which is held by or in trust for a charity, entered into before 7th March 2024, if the disposition of the relevant land has not taken place before 7th March 2024.

3.  The amendments made by this Schedule also have no effect in relation to—

(a) a conveyance, transfer, lease or other instrument effecting a disposition of land held by or in trust for a charity,

(b) a mortgage of land held by or in trust for a charity,

entered into before 7th March 2024.

4.  For the purposes of paragraph 3, a mortgage includes a charge.

5.  In rule 176(2)(a), for “or (c)” substitute “, (c) or (d)”.

6.  In rule 180(1)—

(a) in the words before paragraph (a) for “section 37(1) of the Charities Act 1993” substitute “section 122(2) of the Charities Act 2011”;

(b) in the words before paragraph (a) for “section 37(7)” substitute “section 123(1)”;

(c) in paragraph (b) for “(b) or (c) as the case may be) of section 36(9) of the Charities Act 1993” substitute “(c) or (d) as the case may be) of section 117(3) of the Charities Act 2011”;

(d) in paragraph (c) from “(b)” to the end substitute “(c) or (d) of section 117(3) of the Charities Act 2011, but the disposition has been sanctioned by an order of the court or of the Charity Commission.””;

(e) after paragraph (c) insert—

“(d) “The land transferred (or as the case may be) is held by [(proprietors) in trust for] (charity), a non-exempt charity, and this transfer (or as the case may be) is not one falling within paragraph (a), (aa), (c) or (d) of section 117(3) of the Charities Act 2011, but there is power under the trusts of the charity to effect the disposition and sections 117 to 121 of that Act have been complied with.”.”.

7.  In rule 180(2)—

(a) in the words before paragraph (a) for “section 39(1) of the Charities Act 1993” substitute “section 125(1) of the Charities Act 2011”;

(b) in paragraph (b) for “section 38(5) of the Charities Act 1993” substitute “section 124(9) of the Charities Act 2011”;

(c) in paragraph (c) from “section 38(5)” to the end substitute “section 124(9) of the Charities Act 2011, but the charge (or mortgage) has been sanctioned by an order of the court or of the Charity Commission.””;

(d) after paragraph (c) insert—

“(d) “The land charged is held by (or in trust for) (charity), a non-exempt charity, and this charge (or mortgage) is not one falling within section 124(9) of the Charities Act 2011, but there is power under the trusts of the charity to grant the charge (or mortgage) and the requirements of section 124(2) of that Act have been complied with.”.”.

8.  For rule 180(3) substitute—

“The statement required by section 126(2)(b) of the Charities Act 2011 must be in the following form—

“The restrictions on disposition imposed by sections 117 to 121 of the Charities Act 2011 also apply to the land (subject to section 117(3) of that Act).”.”.

9.  In Schedule 4 (standard forms of restrictions) in the entry relating to Form E—

(a) for “section 36 or section 38 of the Charities Act 1993 applies” substitute “sections 117 to 121 of the Charities Act 2011 apply, or section 124 of that Act applies,”;

(b) for “certificate” substitute “statement”;

(c) for “section 37(2) or section 39(2)” substitute “section 122(2A) or section 125(1A)”.