Charities Act 2022

2022 Chapter 6

An Act to amend the Charities Act 2011 and the Universities and College Estates Act 1925; and for connected purposes.

Enacted [24th February 2022]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

PART 1 Purposes, powers and governing documents¶

Charitable companies¶

^I1^I1761 Alteration of charitable company’s purposes¶

1 Section 198 of the Charities Act 2011 (alteration of objects by companies and Commission’s consent) is amended as follows.

2 In subsection (2)(a), for the words from “adding” to the end of the paragraph substitute “which alters the charitable purposes of the company,”.

3 After subsection (2) insert—

Charitable incorporated organisations¶

^I2^I1772 Amendments to constitution of CIOs¶

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—

;

b after subsection (2) insert—

3 In section 227 (registration and coming into effect of amendments)—

a after subsection (1) insert—

;

b omit subsections (2) to (5).

Unincorporated charities¶

^I3^I1783 Powers of unincorporated charities¶

1 Omit sections 267 to 280 of the Charities Act 2011 (which together deal with powers to transfer the property of, and alter the purposes or powers of, an unincorporated charity).

2 Before the italic heading preceding section 281 of that Act insert—

Unincorporated charity’s general power to amend

280A Amendment of the trusts of an unincorporated charity

1 This section applies to any charity which is not a company or other body corporate.

2 The charity trustees of such a charity may, if they are satisfied that it is expedient in the interests of the charity, resolve that the trusts of the charity should be amended in such manner as is specified in the resolution.

3 The power under subsection (2) is not exercisable in any way which would result in the institution ceasing to be a charity.

4 Subsection (5) applies in the case of a charity which has a body of members distinct from the charity trustees, any of whom are entitled under the trusts of the charity to attend and vote at a general meeting of the body.

5 In the case of a charity to which this subsection applies, a resolution under subsection (2) is effective only if—

a it is passed by a majority of the charity trustees of the charity, and

b it is approved by a further resolution which is passed—

i at a general meeting, by not less than 75% of the members entitled to attend and vote at the meeting who vote on the resolution,

ii at a general meeting, by a decision taken without a vote and without any expression of dissent in response to the question put to the meeting, or

iii otherwise than at a general meeting, by the agreement of all the members entitled to attend and vote at a general meeting.

6 In the case of a charity other than one to which subsection (5) applies, a resolution under subsection (2) is effective only if it is passed by not less than 75% of the charity trustees of the charity.

7 An amendment to which subsection (8) applies—

a requires the written consent of the Commission, and

b is ineffective if such consent has not been obtained.

8 This subsection applies to an amendment—

a which would alter the purposes of the charity;

b which would alter a provision directing the application of property of the charity on its dissolution;

c which would provide authorisation for any benefit to be obtained by charity trustees or members of the charity, or persons connected with them;

d which would alter a restriction making property permanent endowment;

e which would require the consent of a person other than—

i a charity trustee of, or trustee for, the charity, or

ii a member of the charity,

if made otherwise than by virtue of this section;

f which would affect any right directly conferred by the trusts of the charity on a person who—

i is named in the trusts of the charity, or

ii holds an office or other position specified in the trusts of the charity (other than that of charity trustee or member of, or trustee for, the charity); or

g which would confer power on any person or persons to make an amendment falling within any of paragraphs (a) to (f).

9 But paragraphs (e) and (f) of subsection (8) do not apply where the person concerned consents to the amendment or is no longer in existence.

10 In considering whether to consent to an alteration falling within subsection (8)(a), or to the conferral of a power which would enable a person or persons to make such an alteration, the Commission must have regard to—

a the purposes of the charity when it was established, if and so far as they are reasonably ascertainable,

b the desirability of securing that the purposes of the charity are, so far as reasonably practicable, similar to the purposes being altered, and

c the need for the charity to have purposes which are suitable and effective in the light of current social and economic circumstances.

280B S. 280A: supplementary provision

1 A resolution under section 280A(2) takes effect on the latest of—

a the date the resolution is passed,

b the date specified in the resolution for it to take effect,

c if relevant, the date on which the resolution required by virtue of section 280A(5)(b) is passed, and

d if relevant, the date on which the Commission gives any consent required by virtue of section 280A(7).

2 For the purposes of section 280A(8)(c) “benefit” means a direct or indirect benefit of any nature, except that it does not include—

a any remuneration whose receipt may be authorised under section 185, or

b the purchase of any insurance which may be authorised under section 189.

3 For the purposes of section 280A(8)(c) the following persons are connected with a charity trustee or a member of a charity—

a a child, parent, grandchild, grandparent, brother or sister of the trustee or member;

b the spouse or civil partner of the trustee or member or of any person falling within paragraph (a);

c a person carrying on business in partnership with the trustee or member or with any person falling within paragraph (a) or (b);

d an institution which is controlled—

i by the trustee or member or by any person falling within paragraph (a), (b) or (c), or

ii by two or more persons falling within sub-paragraph (i), when taken together;

e a body corporate in which—

i the trustee or member or any connected person falling within any of paragraphs (a) to (c) has a substantial interest, or

ii two or more persons falling within sub-paragraph (i), when taken together, have a substantial interest.

4 Sections 350 to 352 (meaning of child, spouse, civil partner, controlled institution and substantial interest) apply for the purposes of subsection (3).

3 The amendments made by this section do not have effect in respect of a resolution passed under section 268(1), 275(2) or 280(2) of the Charities Act 2011 before the commencement of this section.

Charities established etc by Royal charter or Act¶

^I4^I1124 Power to amend Royal charter¶

After section 280B of the Charities Act 2011 (as inserted by section 3) insert—

Charity established etc by Royal charter: general power to amend

280C Power to amend Royal charter

1 This section applies to any charity which is established or regulated by Royal charter.

2 The charity trustees of such a charity may resolve that the Royal charter should be amended in such manner as is specified in the resolution if—

a they are satisfied that it is expedient in the interests of the charity to do so, and

b there is no power under the Royal charter to make the proposed amendment.

3 Subsection (4) applies in the case of a charity which has a body of members distinct from the charity trustees, any of whom are entitled under the Royal charter to attend and vote at a general meeting of the body.

4 In the case of a charity to which this subsection applies, a resolution under subsection (2) may not be approved under subsection (6) unless—

a it is passed by a majority of the charity trustees of the charity, and

b it is approved by a further resolution which is passed—

i at a general meeting, by not less than 75% of the members entitled to attend and vote at the meeting who vote on the resolution,

ii at a general meeting, by a decision taken without a vote and without any expression of dissent in response to the question put to the meeting, or

iii otherwise than at a general meeting, by the agreement of all the members entitled to attend and vote at a general meeting.

5 In the case of any other charity to which this section applies, a resolution under subsection (2) may not be approved under subsection (6) unless it is passed by not less than 75% of the charity trustees of the charity.

6 A resolution under this section takes effect when it is approved by Her Majesty by Order in Council.

^I5^I1135 Orders under section 73 of the Charities Act 2011: parliamentary procedure¶

In section 73 of the Charities Act 2011 (powers to make schemes altering provision made by Acts, etc)—

a omit subsections (3) and (4);

b in subsection (5), omit “Subject to subsection (6),”;

c omit subsection (6).

Cy-près and schemes¶

^I6^I1146 Cy-près powers¶

1 For sections 63 to 65 of the Charities Act 2011 (which deal with the application of property cy-près) substitute—

63A Failure of specific charitable purposes: application cy-près

1 Property given for specific charitable purposes which fail is applicable cy-près as if given for charitable purposes generally, if—

a the court or the Commission by order so direct, or

b the condition specified in subsection (3), (4) or (6) is met.

2 An order may be made under subsection (1)(a) if it appears to the court or the Commission—

a that it would be unreasonable, having regard to the amounts likely to be returned to the donors, to incur expense with a view to returning the property, or

b that it would be unreasonable, having regard to the nature, circumstances and amounts of the gifts, and to the lapse of time since the gifts were made, for the donors to expect the property to be returned.

3 The condition in this subsection is met if—

a the property is a single gift of £120 or less, and

b the charity trustees reasonably believe that during the financial year of the charity in which it is given the total amount given by the donor to the charity for the specific charitable purposes is £120 or less,

unless at the time of giving the gift the donor states in writing that the gift must be returned if the specific charitable purposes fail.

4 The condition in this subsection is met if the property is given by a donor who, after the agreed actions are taken, is not identified or is not found.

5 The “agreed actions” are those agreed in writing between the charity trustees and the Commission as being reasonable in all the circumstances of the case to identify and find donors.

6 The condition in this subsection is met if the property consists of—

a the proceeds of cash collections made—

i by means of collecting boxes, or

ii by other means not adapted for distinguishing one gift from another, or

b the proceeds of any lottery, competition, entertainment, sale or similar money-raising activity, after allowing for property given to provide prizes or articles for sale or otherwise to enable the activity to be undertaken.

7 The Secretary of State may by regulations amend subsection (3)(a) or (b) by substituting a different sum for the time being specified there.

2 The Charities (Failed Appeals) Regulations 2008 are revoked.

3 The amendments made by this section apply to property given for charitable purposes whenever given.

^I7^I1157 Proceeds of fund-raising: power of charity trustees to apply cy-près¶

After section 67 of the Charities Act 2011 insert—

67A Proceeds of fund-raising: power of charity trustees to apply cy-près

1 Subsection (2) applies if—

a money or other property is solicited to enable a charity to further specific charitable purposes,

b money or other property is given as a result of that solicitation, and

c some or all of that money or other property (or the property for the time being representing it or derived from it) is applicable cy-près by virtue of section 62(1)(a) or (b) or 63A.

2 The charity trustees of the charity may resolve that all the money or other property which is applicable cy-près by virtue of section 62(1)(a) or (b) or 63A be applied for such charitable purposes specified in the resolution as they consider appropriate, having regard to—

a the desirability of securing that the purposes are, so far as reasonably practicable, similar to the specific charitable purposes for which the money or other property was given;

b the need for the purposes to be suitable and effective in the light of current social and economic circumstances.

3 A resolution under this section must be passed by a majority of the charity trustees.

4 If a resolution passed under this section concerns money or other property with a value exceeding £1,000—

a the charity trustees must send a copy of the resolution to the Commission, together with a statement of their reasons for passing it, and

b the resolution does not have effect until the date on which the Commission consents to it in writing.

5 The Secretary of State may by regulations amend subsection (4) by substituting a different sum for the sum for the time being specified there.

^I8^I1168 Power of the court and the Commission to make schemes¶

Before the italic heading preceding section 75A of the Charities Act 2011 insert—

Permanent endowment¶

^I9^I1359 Definition of “permanent endowment”¶

In section 353 of the Charities Act 2011 (minor definitions), for subsection (3) substitute—

^I10^I13610 Amendment of powers to release restrictions on spending capital¶

1 The Charities Act 2011 is amended as follows.

2 In section 281 (power of unincorporated charities to spend capital: general)—

a in subsection (1), omit “which is not a company or other body corporate”;

b after subsection (6) insert—

6A If—

a an amount falls to be repaid to or paid into the fund by the charity trustees because the charity trustees have borrowed an amount from the fund,

b the amount when repaid or paid would fall to be added to the fund and to be subject to the same restrictions as to expenditure as apply to the other capital in the fund, and

c the condition in subsection (6B) is met in relation to the charity,

the charity trustees may resolve for the purposes of this section that the obligation to repay or pay the amount ought to cease to have effect either wholly or in part.

6B The condition is that the charity trustees are satisfied that the purposes set out in the trusts to which the fund is subject could be carried out more effectively if the obligation ceased to have effect to that extent.

6C Once the charity trustees have passed a resolution under subsection (6A), the obligation ceases to have effect to that extent.

6D Where a resolution passed under subsection (6A) relates to all outstanding obligations to repay amounts to or pay amounts into the fund in respect of the amount borrowed from the fund, any other obligation which falls to be carried out by the charity trustees because the charity trustees have borrowed that amount from the fund also ceases to have effect once the resolution has been passed.

3 In section 282 (resolution to spend larger fund given for particular purpose)—

a in the heading, omit “given for particular purpose”;

b in subsection (1), for the words from “which is not” to the end of the subsection substitute

;

c after subsection (1) insert—

;

d after subsection (3) insert—

3A If—

a an amount falls to be repaid to or paid into the fund by the charity trustees because the charity trustees have borrowed an amount from the fund,

b the amount when repaid or paid would fall to be added to the fund and to be subject to the same restrictions as to expenditure as apply to the other capital in the fund, and

c the condition in subsection (3B) is met in relation to the charity,

the charity trustees may resolve for the purposes of this section that the obligation to repay or pay the amount ought to cease to have effect either wholly or in part.

3B The condition is that the charity trustees are satisfied that the purposes set out in the trusts to which the fund is subject could be carried out more effectively if the obligation ceased to have effect to that extent.

;

e in subsection (4)(a), after “(2)” insert “or (3A)”;

f in subsection (5), at the appropriate place insert—

;

g omit subsection (6).

4 In section 284 (when and how a section 282 resolution takes effect)—

a in subsection (5), after “282(2)” insert “or (as the case may be) the obligation to repay or pay the amount to the fund ceases to have effect, by virtue of this section, to the extent resolved by the trustees under section 282(3A)”;

b after subsection (5) insert—

^I11^I13711 Taking effect of resolution under section 282 of the Charities Act 2011¶

1 Section 284 of the Charities Act 2011 (when and how a resolution under section 282 takes effect) is amended as follows.

2 In subsection (3), for “period of 3 months beginning with the relevant date” substitute “relevant period”.

3 For subsection (4) substitute—

4 The “relevant period” means—

a the period of 60 days beginning with the date on which the Commission receives the copy of the resolution in accordance with section 282(4), or

b that period as modified by subsection (4A) or (4B).

4A If under section 283(1) the Commission directs the charity trustees to give public notice of a resolution, the running of the relevant period is suspended from the date on which the direction is given to the charity trustees until the end of the period of 42 days beginning with the date on which public notice of the resolution is given by the charity trustees.

4B If under section 283(2) the Commission directs the charity trustees to provide any information or explanations, the running of the relevant period is suspended from the date on which the direction is given to the charity trustees until the date on which the information or explanations is or are provided to the Commission.

^I12^I13812 Power to borrow from permanent endowment¶

1 The Charities Act 2011 is amended as follows.

2 After section 284 insert—

Power to borrow from permanent endowment

284A Power to borrow from permanent endowment: general

1 This section applies to any available endowment fund of a charity.

2 The charity trustees may resolve to borrow an amount, not exceeding the permitted amount, from the available endowment fund if they are satisfied—

a that it is expedient for the amount to be borrowed, in the light of the purposes set out in the trusts to which the fund is subject and the purposes of the charity, and

b that arrangements are in place for the amount to be repaid within 20 years of being borrowed.

3 Any amount borrowed in accordance with subsection (2) no longer forms part of the available endowment fund and, as a result, is freed from the restrictions with respect to the expenditure of capital that applied to it when it was comprised in that fund.

4 An amount borrowed in accordance with subsection (2) may not be used to repay (in whole or in part) any amount previously borrowed from permanent endowment (whether the previous borrowing was by virtue of this section or otherwise).

5 When repaying an amount borrowed (whether in whole or in part), the charity trustees may resolve to pay an additional amount not exceeding the maximum estimated capital appreciation.

6 Any—

a repayment of an amount borrowed, and

b payment of an additional amount by virtue of a resolution under subsection (5),

is to be added to the available endowment fund and is to be subject to the same restrictions as to expenditure as apply to the other capital in the fund.

7 The powers conferred by this section—

a may be restricted or excluded by the trusts of the charity;

b are (subject to paragraph (a)) in addition to any other power to borrow that the charity or charity trustees may have.

8 If, and in so far as, the power conferred by subsection (5) confers power to accumulate income, it is not subject to section 14(3) of the Perpetuities and Accumulations Act 2009 (which provides for certain powers to accumulate income to cease after 21 years).

9 In this section “available endowment fund”, in relation to a charity, means—

a the whole of the charity’s permanent endowment if it is all subject to the same trusts, or

b any part of its permanent endowment which is subject to any particular trusts that are different from those to which any other part is subject.

10 If a resolution under section 104A(2) has effect in respect of an available endowment fund (or portion of such a fund), references in this section to an “available endowment fund” include that fund (or portion) but do not include any returns from the investment of the fund (or portion) which have not been accumulated.

11 For the meaning of “permitted amount” and “maximum estimated capital appreciation” see sections 284B and 284C respectively.

284B Calculation of the “permitted amount”

1 The “permitted amount” for the purposes of section 284A(2) is given by the formula—

(0.25 \times (V + B)) - B

where—

V is the value of the available endowment fund on the relevant date (ignoring the value, if any, of the benefit of the debt owed by the charity trustees representing outstanding borrowing from the fund), and
B is the amount of the charity trustees’ outstanding borrowing from the available endowment fund on that date.

2 In subsection (1)—

“outstanding borrowing” means outstanding borrowing by virtue of section 284A or otherwise;
the “relevant date” is the date on which the trustees resolve to borrow from the available endowment fund (see section 284A(2)).

3 If a resolution under section 104A(2) has effect in respect of the available endowment fund (or any part of it), for the purposes of subsection (1) the value of the available endowment fund does not include any returns from the investment of the fund (or part) which have not been accumulated.

284C Calculation of the “maximum estimated capital appreciation”

1 The “maximum estimated capital appreciation” for the purposes of section 284A(5) is given by the formula—

R \times I

where—

R is the amount of borrowing being repaid, and
I is the percentage increase in the relevant index between the month in which the amount was borrowed and the month preceding the month in which the repayment is made (or if there is no increase is nil).

2 The “relevant index” is whichever of the following is selected by the charity trustees from time to time—

a the retail prices index;

b the consumer prices index;

c any similar general index of prices published by the Statistics Board.

3 In this section—

“consumer prices index” means the general index for consumer prices published by the Statistics Board;
“retail prices index” means the general index of retail prices (for all items) published by the Statistics Board.

284D Inability to repay

1 If (at any time) it appears to the charity trustees that—

a they will not be able to fulfil the arrangements put in place to repay an amount borrowed under section 284A, or

b those arrangements are not sufficient to ensure that the amount is repaid,

the trustees must apply to the Commission for an order under this section directing them how to proceed.

2 An order under this section may give such directions as the Commission thinks fit, including—

a that the relevant amount may be repaid over a longer period,

b that the charity trustees put in place arrangements specified in the order, or

c that the charity trustees need not repay an amount borrowed.

3 In section 285 (power to alter sums specified in Part 13), after subsection (2) insert—

4 In section 348 (regulations subject to affirmative procedure etc)—

a in subsection (1), after paragraph (c) insert—

;

b in subsection (2), for “or (c)” substitute “, (c), (d)”.

^I13^I13913 Total return investment¶

1 The Charities Act 2011 is amended as follows.

2 After section 104A insert—

3 In section 104B (total return investment: regulations)—

a in subsection (1)(a), for “section 104A(2)” substitute “sections 104A(2) and 104AA(2)”;

b omit the “and” following subsection (1)(b);

c after subsection (1)(b) insert—

;

d after subsection (1)(c) insert

;

e in subsection (2)(a), after “104A(2)” insert “or 104AA(2)”;

f in subsection (6), for “section “relevant” substitute

;

g in subsection (6), at the end insert—

Special trusts¶

^I14^I14014 Special trusts¶

1 Omit Part 14 of the Charities Act 2011 (special trusts).

2 In section 353 of that Act (minor definitions), after subsection (3) insert—

Ex gratia payments etc¶

^I15^I23315 Small ex gratia payments¶

In Part 18 of the Charities Act 2011 (miscellaneous and supplementary), before the italic heading preceding section 332 insert—

Limited power to make ex gratia payments

331A Limited power for charity trustees to make ex gratia payments etc

1 The charity trustees of a charity may take any action falling within subsection (2)(a) or (b) if the conditions in subsection (3) are met.

2 The actions are—

a making any application of property of the charity, or

b waiving to any extent, on behalf of the charity, its entitlement to receive any property.

3 The conditions are—

a that the value of the property does not exceed the relevant threshold,

b that the charity trustees have no power to take the action apart from this section or by virtue of section 106, and

c that in all the circumstances the charity trustees could reasonably be regarded as being under a moral obligation to take the action.

4 The power conferred by this section may be restricted or excluded by the trusts of the charity.

5 In relation to a charity established by (or whose purposes or functions are set out in) legislation, the power conferred by this section is not disapplied only because the legislation concerned prohibits application of property of the charity otherwise than as set out in the legislation.

6 For the purposes of subsection (3)(a)—

a if the charity’s gross income in its last financial year did not exceed £25,000, the relevant threshold is £1,000;

b if the charity’s gross income in its last financial year exceeded £25,000 but not £250,000, the relevant threshold is £2,500;

c if the charity’s gross income in its last financial year exceeded £250,000 but not £1 million, the relevant threshold is £10,000;

d if the charity’s gross income in its last financial year exceeded £1 million, the relevant threshold is £20,000.

7 In subsection (5) “legislation” means—

a an Act of Parliament;

b an Act or Measure of Senedd Cymru;

c subordinate legislation (within the meaning of the Interpretation Act 1978) made under an Act of Parliament;

d an instrument made under an Act or Measure of Senedd Cymru; or

e a Measure of the Church Assembly or of the General Synod of the Church of England.

331B Power to alter sums specified in s.331A

The Secretary of State may by regulations amend section 331A(6) (relevant income thresholds) by substituting a different sum for any sum for the time being specified in that provision.

^I16^I23416 Power of Commission etc to authorise ex gratia payments etc¶

In section 106 of the Charities Act 2011 (power of Commission to authorise ex gratia payments etc)—

a for subsection (1) substitute—

1 The Commission, the Attorney General or the court may authorise the charity trustees of a charity to take any action falling within subsection (2)(a) or (b) in a case where the charity trustees—

a (apart from by virtue of this section or section 331A) have no power to take the action, but

b in all the circumstances could reasonably be regarded as being under a moral obligation to take it.

1A In relation to a charity established by (or whose purposes or functions are set out in) legislation, subsection (1) is not disapplied only because the legislation concerned prohibits application of property of the charity otherwise than as set out in the legislation.

1B In subsection (1A) “legislation” means—

a an Act of Parliament;

b an Act or Measure of Senedd Cymru;

c subordinate legislation (within the meaning of the Interpretation Act 1978) made under an Act of Parliament;

d an instrument made under an Act or Measure of Senedd Cymru; or

e a Measure of the Church Assembly or of the General Synod of the Church of England.

;

b in subsection (3), after second “Commission” insert “by order and”.

PART 2 Charity land¶

Dispositions and mortgages¶

^I17^I14117 Scope of Part 7 of the Charities Act 2011¶

In section 117 of the Charities Act 2011 (restrictions on dispositions of land: general), after subsection (1) insert—

^I1818 Exceptions to restrictions on dispositions or mortgages of charity land¶

^I203^I2321 The Charities Act 2011 is amended as follows.

2 In section 117(3) (exceptions to restrictions on dispositions of charity land)—

^I179a after paragraph (a) insert—

;

^I206b omit paragraph (b);

^I179c for paragraph (c) (but not the “or” following it) substitute—

3 In section 124(9) (restrictions on mortgages)—

^I179a after paragraph (a) (and the “or” following it) insert—

;

^I206b omit paragraph (b).

^I19^I14219 Advertising and report requirements for disposition of charity land¶

In section 119 of the Charities Act 2011 (requirements for dispositions other than certain leases)—

a omit subsection (1)(b) (but not the “and” following it);

b in subsection (4), omit—

i “contain such information, and”;

ii the “,” after “matters”.

^I20^I14320 Advice relating to the disposition of charity land¶

In section 119 of the Charities Act 2011 (requirements for dispositions other than certain leases)—

a in subsection (1)(a), for “qualified surveyor” substitute “designated adviser”;

b in subsection (1)(c), for “surveyor’s” substitute “adviser’s”;

c in subsection (3), for “qualified surveyor” substitute “designated adviser”.

^I21^I14421 Advice etc from charity trustees, officers and employees¶

1 The Charities Act 2011 is amended as follows.

2 After section 128 insert—

Advice etc from charity trustees, officers and employees

128A Advice etc from charity trustees, officers and employees

1 Subsection (2) applies to—

a a report by a designated adviser for the purposes of section 119(1)(a),

b advice on a proposed disposition for the purposes of section 120(2)(a),

c proper advice in connection with a mortgage of land for the purposes of section 124(2), and

d proper advice in connection with a mortgage of land for the purposes of section 124(7).

2 For the purposes of the provisions mentioned in subsection (1), it does not matter if the report or the advice (as the case may be) is provided—

a by a charity trustee or an officer or employee of the charity or of the charity trustees, or

b in the course of a person’s employment as an officer or an employee of the charity or of the charity trustees.

3 In section 124 (restrictions on mortgages), in subsection (8), omit from “and such advice” to the end.

^I22^I14522 Residential tenancies granted to employees¶

In section 118 of the Charities Act 2011 (meaning of “connected person” in section 117(2)), after subsection (2) insert—

^I23^I18023 Information to be included in certain instruments¶

1 The Charities Act 2011 is amended as follows.

2 In section 122 (instruments concerning dispositions of land: required statements, etc)—

a for subsection (2) substitute—

2 An instrument to which this subsection applies must—

a state that the land is held by or in trust for a charity,

b state whether the charity is an exempt charity,

c if the charity is not an exempt charity, state whether the disposition is one falling within section 117(3)(a), (aa), (c) or (d), and

d if the charity is not an exempt charity and the disposition is not one falling within section 117(3)(a), (aa), (c) or (d), include the statement required by subsection (2A).

2A The statement is—

a in a case where section 117(1) applies to the disposition to which the instrument relates, a statement that the disposition has been sanctioned by an order of the court or of the Charity Commission, or

b in a case where section 117(2) applies to the disposition to which the instrument relates, a statement that there is power under the trusts of the charity to effect the disposition and that sections 117 to 121 have been complied with.

;

b omit subsection (3);

c for subsection (4) substitute—

;

d for subsections (5) and (6) substitute—

5 Where subsection (2)(d) applies in relation to a contract for the disposition of land but the statement required by subsection (2A) has not been included in it, then in favour of a person who has entered into the contract in good faith the contract is enforceable as if—

a the disposition to which the contract relates had been sanctioned by an order of the court or of the Charity Commission, or

b there is power under the trusts of the charity to effect such a disposition and sections 117 to 121 have been complied with.

5A Where subsection (2)(d) applies in relation to an instrument effecting the disposition of land but the statement required by subsection (2A) has not been included in it, then in favour of a person who (whether under the disposition or afterwards) in good faith acquires an interest in the land for money or money’s worth, the disposition is valid even if—

a the disposition has not been sanctioned by an order of the court or of the Charity Commission, or

b there is no power under the trusts of the charity to effect the disposition or sections 117 to 121 have not been complied with in relation to it (or both).

3 In section 125 (mortgages: required statements, etc)—

a for subsection (1) substitute—

;

b omit subsection (2);

c in subsection (3)—

i for “subsection (2)” substitute “subsection (1)(c)”;

ii for the words from “facts” to the end substitute “statement is true”;

d for subsections (4) and (5) substitute—

Universities and College Estates Act 1925¶

^I24^I20724 Amendments of the Universities and College Estates Act 1925¶

1 The Universities and College Estates Act 1925 is amended in accordance with subsections (2) to (6).

2 After section 1 insert—

3 Omit sections 2 to 38 and Schedule 1 (provisions relating to land and the application of capital money).

4 In section 40 (power to transfer to university or college), omit “with the consent of the Minister”.

5 In section 42 (saving of existing powers), omit from “: Provided that” to the end.

6 In section 43 (definitions)—

a in the opening words, omit from “unless” to “say”;

b omit sub-paragraphs (i), (ii), (viii) and (x).

7 Schedule 1 (which contains consequential amendments) has effect.

PART 3 Charity names¶

^I25^I14625 Working names etc¶

In section 42 of the Charities Act 2011 (power to require name to be changed)—

a in the heading, after “name” insert “or working name”;

b for subsection (1) substitute—

;

c in subsection (2)—

i for paragraph (a) and the words before it substitute—

;

ii in paragraph (b), for “the name” substitute “that the name or working name”;

iii in paragraph (c), for “the name” substitute “that the name or working name”;

iv in paragraph (c), for “its name” substitute “the name or working name”;

v in paragraph (d), for “the name of the charity” substitute “that the name or working name”;

vi in paragraph (e), for “the name of the charity” substitute “that the name or working name”;

d omit subsection (3);

e for subsection (4) substitute—

^I26^I14726 Power to delay registration of unsuitably named charity¶

After section 45 of the Charities Act 2011 insert—

45A Power to delay registration following s. 42 direction

1 The Commission may delay the registration of a charity if the Commission has given a direction under section 42 (“the section 42 direction”) requiring the name of the charity to be changed.

2 A delay under subsection (1) may last until the first to occur of—

a the charity trustees notifying the Commission of the charity’s new name and the date of the name change, or

b the expiry of the maximum postponement period.

3 The “maximum postponement period” is the period of 60 days beginning at the end of the period specified in the section 42 direction for giving effect to the direction.

4 If any relevant proceedings are commenced, any day on which the relevant proceedings are ongoing is to be disregarded for the purposes of determining whether the period of 60 days mentioned in subsection (3) has elapsed.

5 Each of the following are “relevant proceedings”—

a proceedings on an appeal brought to the Tribunal under section 319 against the section 42 direction or against any steps taken by the Commission with a view to securing compliance with the section 42 direction;

b proceedings on an application made to the Tribunal under section 321 for the review of the Commission’s decision to institute an inquiry under section 46 in respect of matters connected with the section 42 direction;

c proceedings on an application for judicial review of the Commission’s decision to give the section 42 direction or to take any steps with a view to securing compliance with the section 42 direction;

d proceedings on an application under section 336 in respect of disobedience to the section 42 direction.

6 Relevant proceedings are commenced when a notice, claim form or other document is sent or delivered to, or filed with, the Tribunal or court for the purpose of commencing the proceedings.

7 Relevant proceedings are ongoing until—

a the proceedings (including any proceedings on appeal or further appeal) have been concluded, and

b any period during which an appeal (or further appeal) may ordinarily be made has passed.

^I27^I14827 Power to delay entry of unsuitable name in register¶

After section 45A of the Charities Act 2011 insert—

45B Power to delay entry of name in register following a s. 42 direction

1 If the charity trustees of a charity notify the Commission under section 35(3) of a change of name of the charity, the Commission may delay changing the charity’s name in the register if the Commission has given a direction under section 42 (“the section 42 direction”) requiring the new name to be changed.

2 A delay under subsection (1) may last until the first to occur of—

a the charity trustees notifying the Commission of the charity’s further new name and the date of the further name change, or

b the expiry of the maximum postponement period.

3 The “maximum postponement period” is the period of 60 days beginning at the end of the period specified in the section 42 direction for giving effect to the direction.

5 Each of the following are “relevant proceedings”—

d proceedings on an application under section 336 in respect of disobedience to the section 42 direction.

6 Relevant proceedings are commenced when a notice, claim form or other document is sent or delivered to, or filed with, the Tribunal or court for the purpose of commencing the proceedings.

7 Relevant proceedings are ongoing until—

a the proceedings (including any proceedings on appeal or further appeal) have been concluded, and

b any period during which an appeal (or further appeal) may ordinarily be made has passed.

^I28^I14928 Power to direct change of name of exempt charity¶

In Schedule 9 to the Charities Act 2011 (transitory modifications), omit paragraph 10 and the italic heading preceding it.

PART 4 Charity trustees¶

^I29^I18129 Powers relating to appointments of trustees¶

After section 184A of the Charities Act 2011 insert—

Invalid appointment of charity trustee

184B Power to confirm trustee appointments etc

1 Subsection (2) applies if—

a a person acts, or intends to act, as a charity trustee in relation to a charity, but

b there is not, or might not be, a valid appointment or election of that person to a qualifying position in relation to that charity.

2 The Commission may, with the consent of the person concerned, by order provide that for the purposes of anything done (or not done) on or after the date of the order—

a any defect in the person’s appointment or election to a qualifying position (including any absence of appointment or election) is to be ignored in relation to the charity, and

b so far as is necessary for those purposes, a valid appointment or election to that qualifying position is to be treated as having been made in respect of the person.

3 For the purposes of this section a position is a “qualifying position” in relation to a charity if, as a result of a person holding that position, the person is a charity trustee of the charity.

4 The fact that a position is not a position in a charity does not prevent it from being a qualifying position in relation to the charity.

5 An order under subsection (2) may include—

a provision with respect to the vesting in or transfer of property that the Commission could make on the removal or appointment of a charity trustee by it under section 69 (Commission’s concurrent jurisdiction with High Court for certain purposes);

b provision that an act of a person who is the subject of the order is valid notwithstanding that there was not at the time the act was carried out a valid appointment or election to a qualifying position in respect of that person.

6 An order containing provision made by virtue of subsection (5)(a) has the same effect as an order made under section 69.

^I30^I11730 Remuneration of charity trustees etc providing goods or services to charity¶

In section 185 of the Charities Act 2011 (remuneration of charity trustees etc providing services to charity)—

a in the heading, before “services” insert “goods or”;

b in subsection (1), in the words before paragraph (a), before “services” insert “goods or”;

c in subsection (2)—

i in Condition A, in paragraph (a), for “services” substitute “goods or services, or goods and services,”;

ii in Condition A, in paragraph (b), for “services” substitute “goods or services, or goods and services,”;

iii in condition B, for “services” substitute “goods or services, or goods and services,”;

d for subsection (3) substitute—

^I31^I18231 Remuneration etc of charity trustees etc¶

After section 186 of the Charities Act 2011 insert—

186A Remuneration etc for work already carried out

1 This section applies to a person who—

a has carried out work for or on behalf of a charity, and

b is a charity trustee or trustee for the charity (or was one when the work was carried out).

2 If the condition in subsection (3) is met, the Commission may by order—

a require the charity trustees of the charity to pay the person such remuneration for the work as must be specified in the order;

b authorise, to such extent as must be specified in the order, any benefit already received in connection with the work to be retained.

3 The condition in this subsection is that the Commission considers that it would be inequitable for the person not to be paid the remuneration or not to retain the benefit.

4 In determining whether to make an order under this section, the Commission must in particular have regard to—

a whether, if the person had not carried out the work, the charity would have paid someone else to carry it out,

b the level of skill with which the work was carried out,

c any express provision in the trusts of the charity prohibiting the person from receiving the remuneration or retaining the benefit, and

d whether remunerating the person or allowing the person to retain the benefit would encourage breaches of trust or breaches of duty by persons in their capacity as charity trustees or trustees for charities.

^I32^I11832 Trustee of charitable trust: status as trust corporation¶

1 After section 334 of the Charities Act 2011 insert—

2 The amendment made by subsection (1) has effect in relation to any trustee of or for a charitable trust, even if the trustee became the trustee of or for the charitable trust before the amendment comes into force.

PART 5 Charity mergers¶

Gifts to merged charity¶

^I33^I18333 Gifts to merged charity¶

1 The Charities Act 2011 is amended as follows.

2 In section 239 (effect of registration of CIO), for subsection (3) substitute—

3 In section 244 (effect of confirmation of resolution to transfer property etc to another CIO), for subsection (2) substitute—

4 In section 311 (effect of registering charity merger on gifts to transferor), for subsection (2) substitute—

5 The amendments made by this section have effect in relation to all gifts made on or after the date this section comes into force; and it does not matter if the will or other document, agreement, transaction or other means which gives rise to the gift was executed or entered into before that date.

Vesting declarations¶

^I34^I18434 Vesting declarations: exclusions¶

In section 310(3) of the Charities Act 2011 (exclusion of certain property from automatic vesting following a vesting declaration)—

a omit paragraph (a);

b for paragraph (b) (but not the “or” following it) substitute—

^I3535 Vesting permanent endowment following a merger¶

In section 306 of the Charities Act 2011 (meaning of “relevant charity merger”), in subsection (2)—

^I150a in paragraph (a), omit “a”;

^I185b omit paragraph (b) and the “and” before it.

PART 6 Legal proceedings¶

^I36^I11936 Costs incurred in relation to Tribunal proceedings etc¶

After section 324 of the Charities Act 2011 insert—

PART 7 General¶

^I3737 Public notice as regards Commission orders etc¶

^I120^I1861 The Charities Act 2011 is amended as follows.

2 In section 337 (other provisions as to orders of Commission)—

^I121a after subsection (2) insert—

;

^I122^I204b after subsection (3) insert—

;

^I205c in the heading, after “orders” insert “etc”.

^I1233 In section 338 (directions of the Commission or person conducting inquiry), in subsection (2), for “any such directions” substitute “a direction of the Commission under any provision of this Act”.

^I38^I15138 “Connected person”: illegitimate children¶

In section 350(1) of the Charities Act 2011 (connected person: meaning of “child”), omit “and an illegitimate child”.

^I39^I15239 “Connected person”: power to amend¶

1 After section 352 of the Charities Act 2011 insert—

2 In section 348 of that Act (regulations subject to affirmative procedure etc)—

a in subsection (1), after paragraph (d) (inserted by section 12) insert—

;

b in subsection (2), after “(d)” (inserted by section 12) insert “or (e)”.

^I40^I124^I153^I200^I23740 Minor and consequential provision¶

Schedule 2 (which contains minor and consequential amendments) has effect.

^I4141 Extent, commencement and short title¶

1 This Act extends to England and Wales only, subject to subsection (2).

2 An amendment made by—

a section 24;

b Schedule 1;

c paragraph 12 or 46 of Schedule 2,

has the same extent as the enactment or provision to which it relates.

3 This section comes into force on the day on which this Act is passed.

4 The other provisions of this Act come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint and different days may be appointed for different purposes.

5 Regulations under subsection (4) may make consequential, transitional or saving provision.

6 This Act may be cited as the Charities Act 2022.

SCHEDULES

SCHEDULE 1 ¶

Amendments of the Universities and College Estates Act 1925: consequential amendments

Section 24

^I42^I2081 Law of Property (Amendment) Act 1926 (c. 11)¶

In the Schedule to the Law of Property (Amendment) Act 1926 (minor amendments), omit the entry relating to section 3 of the Universities and College Estates Act 1925.

^I43^I2092 Landlord and Tenant Act 1927 (c. 36)¶

In section 13 of the Landlord and Tenant Act 1927 (power to apply and raise capital money), in subsection (1), omit “, or under the University and College Estates Act, 1925,”.

^I44^I2103 Landlord and Tenant (War Damage) Act 1939 (c. 72)¶

In section 3 of the Landlord and Tenant (War Damage) Act 1939 (raising of money for making good war damage on settled land, etc)—

a omit paragraph (d) and the “or” preceding it;

b omit from “, or Part I of the First Schedule” to the end.

^I45^I2114 Universities and Colleges (Trusts) Act 1943 (c. 9)¶

1 Section 2 of the Universities and Colleges (Trusts) Act 1943 (schemes for administering university and college trusts) is amended as follows.

2 Omit subsection (2).

3 In subsection (3)—

a omit from “, subject to the modification that” to “as aforesaid;”;

b omit “, subject to the modification aforesaid”.

4 Omit subsection (5).

^I46^I2125 Coast Protection Act 1949 (c. 74)¶

In section 11 of the Coast Protection Act 1949 (incidence of coast protection charges, etc), in subsection (2)(a)—

a omit “and by section twenty-six of the Universities and College Estates Act 1925”;

b omit “and by section thirty of the Universities and College Estates Act 1925”.

^I47^I2136 Landlord and Tenant Act 1954 (c. 56)¶

In paragraph 6 of Schedule 2 to the Landlord and Tenant Act 1954 (provisions as to repair where tenant retains possession)—

a omit “and by section twenty-six of the Universities and College Estates Act 1925”;

b omit “and by section thirty of the Universities and College Estates Act 1925”.

^I48^I2147 Universities and College Estates Act 1964 (c. 51)¶

1 The Universities and College Estates Act 1964 is amended as follows.

2 Omit sections 2 and 3.

3 Omit Schedules 1 and 2.

^I49^I2158 Forestry Act 1967 (c. 10)¶

In Schedule 2 to the Forestry Act 1967 (forestry dedication etc), omit paragraph 2.

^I50^I2169 Leasehold Reform Act 1967 (c. 88)¶

1 The Leasehold Reform Act 1967 is amended as follows.

2 In section 24(1) (application of price or compensation received by landlord, etc), omit paragraph (b) and the “and” preceding it.

3 In Schedule 2 (right to possession for purposes of redevelopment etc: supplementary provision), omit paragraph 9(2).

^I51^I21710 Mines and Quarries (Tips) Act 1969 (c. 10)¶

In section 32 of the Mines and Quarries (Tips) Act 1969 (raising of money in special cases), in subsection (2)—

a in paragraph (a), omit “and by section 26 of the Universities and College Estates Act 1925”;

b in paragraph (b), omit “and by section 30 of the Universities and College Estates Act 1925”.

^I52^I21811 Agriculture Act 1970 (c. 40)¶

In section 61 of the Agriculture Act 1970 (special classes of land), in subsection (6), omit “, the Universities and College Estates Act 1925”.

^I53^I21912 Agriculture (Miscellaneous Provisions) Act 1976 (c. 55)¶

In Schedule 3 to the Agriculture (Miscellaneous Provisions) Act 1976 (enactments to which power to amend applies), omit the entry relating to the Universities and College Estates Act 1925.

^I54^I22013 Universities and College Estates Act 1925 (Amendment) Regulations 1978 (S.I. 1978/443)¶

The Universities and College Estates Act 1925 (Amendment) Regulations 1978 (S.I. 1978/443) are revoked.

^I55^I22114 Highways Act 1980 (c. 66)¶

1 The Highways Act 1980 is amended as follows.

2 In section 87 (agreements for use of land for cattle-grids or by-passes), omit subsection (5).

3 In Schedule 24 (consequential amendments), omit paragraph 3 and the italic heading preceding it.

^I56^I22215 Agricultural Holdings Act 1986 (c. 5)¶

1 The Agricultural Holdings Act 1986 is amended as follows.

2 In section 89 (power of limited owners to apply capital for improvements), omit subsection (2).

3 In Schedule 14 (consequential amendments), omit paragraph 13 and the italic heading preceding it.

^I57^I22316 Town and Country Planning Act 1990 (c. 8)¶

1 Section 328 of the Town and Country Planning Act 1990 (settled land and land of universities and colleges) is amended as follows.

2 Omit subsection (1)(b) and the “and” preceding it.

3 Omit subsection (2)(b) and the “and” preceding it.

4 In the heading, omit “and land of universities and colleges”.

^I58^I22417 Solicitors’ Recognised Bodies Order 1991 (S.I. 1991/2684)¶

In Schedule 1 to the Solicitors’ Recognised Bodies Order 1991 (S.I. 1991/2684) (statutes which apply to recognised bodies), omit the entry relating to the Universities and College Estates Act 1925.

^I59^I22518 Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)¶

1 The Leasehold Reform, Housing and Urban Development Act 1993 is amended as follows.

2 In Schedule 2 (special categories of landlords), omit paragraph 7 and the italic heading preceding it.

3 In Schedule 14 (right to terminate new lease on grounds of redevelopment: supplementary provision), omit paragraph 10.

^I60^I22619 Agricultural Tenancies Act 1995 (c. 8)¶

In section 33 of the Agricultural Tenancies Act 1995 (power to apply and raise capital money), in subsection (1), omit “or section 26 of the Universities and College Estates Act 1925”.

^I61^I22720 Housing Grants, Construction and Regeneration Act 1996 (c. 53)¶

In section 55 of the Housing Grants, Construction and Regeneration Act 1996 (cessation of conditions on repayment of grant, etc), omit subsection (4)(c) and the “and” preceding it.

^I62^I22821 Cathedrals Measure 1999 (No. 1)¶

In section 36 of the Cathedrals Measure 1999 (construction of references to dean and chapter, etc), in subsection (2), omit the entry relating to the Universities and College Estates Act 1925.

^I63^I22922 Trustee Act 2000 (c. 29)¶

In Schedule 2 to the Trustee Act 2000 (minor and consequential amendments), omit paragraph 29 and the italic heading preceding it.

^I64^I23023 Constitutional Reform Act 2005 (c. 4)¶

In paragraph 4(3) of Schedule 11 to the Constitutional Reform Act 2005 (miscellaneous amendments: Supreme Court of England and Wales), omit “the Universities and College Estates Act 1925 (c. 24)”.

^I65^I23124 Cathedrals Measure 2021 (No. 2)¶

In Schedule 4 to the Cathedrals Measure 2021 (consequential amendments), omit paragraph 4 and the italic heading preceding it.

SCHEDULE 2 ¶

Minor and consequential amendments

Section 40

PART 1 Amendments relating to Part 1¶

^I66^I125^I154^I201^I2381The Charities Act 2011 is amended in accordance with paragraphs 2 to 11, 13 to 19 and 21 to 27.

^I67^I1872 Amendment relating to section 2 of this Act¶

In Schedule 6 (appeals and applications to Tribunal), for the entry relating to a decision of the Commission under section 227 to refuse to register an amendment to the constitution of a CIO substitute—

Amendments relating to section 3 of this Act¶

^I68^I1883In section 285 (power to alter sums specified in Part 13), in subsection (2), omit—

a the entry relating to section 267(1);

b the entry relating to section 275(1).

^I69^I1894In section 328 (suspension of time limits while reference is in progress), omit subsection (3).

^I70^I1905In section 350 (connected person: child, spouse and civil partner)—

a in subsection (1), for “and 249(2)(a)” substitute “, 249(2)(a) and 280B(3)(a)”;

b in subsection (2), for “and 249(2)(b)” substitute “, 249(2)(b) and 280B(3)(b)”.

^I71^I1916In section 351 (connected person: controlled institution), for “and 249(2)(d)” substitute “, 249(2)(d) and 280B(3)(d)”.

^I72^I1927In section 352 (connected person: substantial interest in body corporate), in subsection (1), for “and 249(2)(e)” substitute “, 249(2)(e) and 280B(3)(e)”.

^I73^I1938In Schedule 6 (appeals and applications to Tribunal)—

a omit the entry relating to a decision of the Commission to notify charity trustees under section 271(1);

b omit the entry relating to a decision of the Commission to notify charity trustees under section 278(1);

c after that entry insert—

^I74^I1949In Schedule 9 (transitory modifications), in the table in paragraph 26(3), omit the entry relating to “section 69O”.

^I75^I19510In Schedule 11 (index of defined expressions)—

a in the entry relating to “child”, for “and 249(2)(a)” substitute “, 249(2)(a) and 280B(3)(a)”;

b in the entry relating to “civil partner”, for “and 249(2)(b)” substitute “, 249(2)(b) and 280B(3)(b)”;

c in the entry relating to “control of institution”, for “and 249(2)(d)” substitute “, 249(2)(d) and 280B(3)(d)”;

d in the entry relating to “substantial interest in a body corporate”, for “and 249(2)(e)” substitute “, 249(2)(e) and 280B(3)(e)”;

e omit the entry relating to “transfer of property (in sections 268 to 274)”.

Amendments relating to section 5 of this Act¶

^I76^I12611In section 349 (orders subject to affirmative procedure), in subsection (1), omit paragraph (b).

^I77^I12712In section 5 of the Coal Industry Act 1987 (coal industry trusts), in subsection (8), for “73(1) to (6)” substitute “73(1), (2) and (5)”.

Amendments relating to section 6 of this Act¶

^I78^I12813In section 66 (unknown and disclaiming donors: supplementary)—

a for the heading, substitute “Section 63A: supplementary”;

b in subsection (1), for “sections 63 and 65” substitute “section 63A”;

c after subsection (1) insert—

;

d in subsection (2), for “sections 63 to 65” substitute “section 63A”;

e omit subsections (4) to (6).

^I79^I12914In Schedule 8 (transitionals and savings), in paragraph 17 (application of sections 63, 64 and 67 to property given for charitable purposes), for “Sections 63, 64 and 67 apply” substitute “Section 67 applies”.

^I80^I13015In Schedule 11 (index of defined expressions)—

a in the entry relating to “charitable purposes, failure of”, in column 1, for “sections 63 and 65” substitute “section 63A”;

b in the entry relating to “donor”, in column 1, for “63 to 66” substitute “63A and 66”;

c omit the entry relating to “prescribed (in sections 63 and 65)”.

Amendments relating to sections 10 and 11 of this Act¶

^I81^I15516

1 In section 281 (power of unincorporated charities to spend capital: general)—

a in subsection (2), omit “given for particular purpose”;

b in the heading, omit “unincorporated”.

2 In the italic heading preceding that section, omit “unincorporated”.

^I82^I15617

1 Section 284 (taking effect of resolution under section 282) is amended as follows.

2 In subsection (1), after “282(2)” insert “or (3A)”.

3 In subsection (1)(a)—

a after “evidence” insert “made”;

b for “the donor or donors mentioned in section 282(1)(a)” substitute “any donor or donors to the available endowment fund”.

4 In subsection (1), for paragraph (b) substitute—

5 In subsection (2)(a), for “the gift or gifts mentioned in section 282(1)(a)” substitute “any gift or gifts to the available endowment fund”.

6 In subsection (5)(b), for “period of 3 months mentioned in subsection (3)” substitute “relevant period”.

^I83^I15718

1 Section 285 (power to alter sums specified in certain provisions) is amended as follows.

2 In subsection (1), omit paragraph (b) and the “or” preceding it.

3 In subsection (2), in the words in brackets after “section 282(1)”—

a for “income level” substitute “adjusted market value”;

b omit “given for particular purpose”.

^I84^I15819For the heading of Part 13 substitute “Powers to amend trusts and use capital”.

^I85^I15920 Amendment relating to sections 10 and 12 of this Act¶

In section 24 of the Cathedrals Measure 2021 (No. 2) (investment powers, etc), after subsection (7) insert—

Amendments relating to section 12 of this Act¶

^I86^I16021In the heading of section 285 (power to alter sums specified in Part 13), after “sums” insert “etc”.

^I87^I16122In Schedule 11 (index of defined expressions), in the entry relating to available endowment fund, for “section 281(7)” substitute “sections 281(7) and 284A(9)”.

^I88^I16223 Amendment relating to section 13 of this Act¶

In section 292B (general power to make social investments), in subsection (2), after “question” insert “(but see section 104AA, which confers on charity trustees a power to use permanent endowment to make social investments in certain circumstances)”.

Amendments relating to section 14 of this Act¶

^I89^I16324In Schedule 6 (appeals and applications to Tribunal), omit the entry relating to a decision of the Commission not to concur under section 291 with a resolution of charity trustees under section 289(2).

^I90^I16425In Schedule 11 (index of defined expressions)—

a in the entry relating to “available endowment fund”—

i for “Parts 13 and 14” substitute “Part 13”;

ii for “sections 282(5) and 288(7)” substitute “section 282(5)”;

b omit the entry relating to “the relevant charity, in relation to power to spend capital subject to special trust (in Part 14)”;

c in the entry relating to “special trust”, for “section 287” substitute “section 353(4)”.

Amendments relating to section 16 of this Act¶

^I91^I23526In section 322(2) (reviewable decisions of the Commission), after paragraph (e) insert—

^I92^I235^I23627In Schedule 6 (appeals and applications to Tribunal), after the entry relating to a decision by the Commission not to make an order under section 105 insert—

PART 2 Amendments relating to Part 2¶

^I93^I16528 Amendment relating to section 22 of this Act¶

In section 118 of the Charities Act 2011 (meaning of “connected person” in section 117(2)), in subsection (2), in the words before paragraph (a), for “The” substitute “Subject to subsection (2A), the”.

^I94^I19929 Amendment relating to section 23 of this Act¶

In paragraph 4(2)(b) of Schedule 1 to the Trusts of Land and Appointment of Trustees Act 1996 (land held on charitable trusts etc), for the words from “if neither” to “conveyance” substitute “if section 122(2) or 125(1) of that Act applies to the conveyance but has not been complied with”.

PART 3 Amendments relating to Part 3¶

^I95^I16630The Charities Act 2011 is amended in accordance with paragraphs 31 to 37.

Amendments relating to section 25 of this Act¶

^I96^I16731For the italic heading preceding section 42, substitute “Names and working names”.

^I97^I16832In section 45 (change of name where charity is a company), in subsection (2), after “with respect to” insert “the name of”.

^I98^I16933In section 208(2) (refusal of application for constitution and registration of CIO)—

a in the words after paragraph (a)(ii), after “the name” insert “or a working name”;

b in paragraph (b), after “charity’s name” insert “or working name”.

^I99^I17034In section 231(2) (refusal of application for conversion to CIO)—

a in the words after paragraph (a)(ii), after “the name” insert “or a working name”;

b in paragraph (b), after “charity’s name” insert “or working name”.

^I100^I17135In section 237(3) (refusal of application for amalgamation of CIOs)—

a in the words after paragraph (a)(ii), after “the name” insert “or a working name”;

b in paragraph (b), after “charity’s name” insert “or working name”.

^I101^I17236In Schedule 6 (appeals and applications to Tribunal), in the entry relating to a direction of the Commission under section 42 requiring the name of a charity to be changed, in column 1, for the words from “requiring” to the end substitute

^I102^I17337In Schedule 11 (index of defined expressions), after the entry relating to “vesting declaration” insert—

PART 4 Amendments relating to Part 4¶

^I103^I131^I20238The Charities Act 2011 is amended in accordance with paragraphs 39, 40 and 42.

Amendments relating to section 30 of this Act¶

^I104^I13239In section 187 (meaning of “benefit” etc)—

a in the heading, omit “, “services””;

b omit the definition of “services”.

^I105^I13340In Schedule 11 (index of defined expressions), omit the entry for “services”.

^I106^I13441In section 7A of the Parochial Church Councils (Powers) Measure 1956 (No. 3) (modification of section 185 of the Charities Act 2011 in its application to a parochial church council)—

a after “providing” insert “goods or”;

b for “(3)(a),” substitute “(3),”.

^I107^I19642 Amendment relating to section 31 of this Act¶

In section 187 (meaning of “benefit” etc), for “and 186” substitute “to 186A”.

PART 5 Other minor amendments¶

^I108^I19743In section 199 of the Charities Act 2011 (meaning of “benefit” in section 198(2)), for the words from “include” to the end substitute

^I109^I19844In section 248 of the Charities Act 2011 (meaning of “benefit”), in subsection (2), for the words from “include” to the end substitute

^I110^I17445In section 292B of the Charities Act 2011 (general power to make social investments), in subsection (4), for paragraph (b) substitute—

^I111^I17546In section 77 of the Companies Act 2006 (change of name), in subsection (2), after paragraph (d) insert—

Footnotes

I1
S. 1 not in force at Royal Assent, see s. 41(4)
I2
S. 2 not in force at Royal Assent, see s. 41(4)
I3
S. 3 not in force at Royal Assent, see s. 41(4)
I4
S. 4 not in force at Royal Assent, see s. 41(4)
I5
S. 5 not in force at Royal Assent, see s. 41(4)
I6
S. 6 not in force at Royal Assent, see s. 41(4)
I7
S. 7 not in force at Royal Assent, see s. 41(4)
I8
S. 8 not in force at Royal Assent, see s. 41(4)
I9
S. 9 not in force at Royal Assent, see s. 41(4)
I10
S. 10 not in force at Royal Assent, see s. 41(4)
I11
S. 11 not in force at Royal Assent, see s. 41(4)
I12
S. 12 not in force at Royal Assent, see s. 41(4)
I13
S. 13 not in force at Royal Assent, see s. 41(4)
I14
S. 14 not in force at Royal Assent, see s. 41(4)
I15
S. 15 not in force at Royal Assent, see s. 41(4)
I16
S. 16 not in force at Royal Assent, see s. 41(4)
I17
S. 17 not in force at Royal Assent, see s. 41(4)
I18
S. 18 not in force at Royal Assent, see s. 41(4)
I19
S. 19 not in force at Royal Assent, see s. 41(4)
I20
S. 20 not in force at Royal Assent, see s. 41(4)
I21
S. 21 not in force at Royal Assent, see s. 41(4)
I22
S. 22 not in force at Royal Assent, see s. 41(4)
I23
S. 23 not in force at Royal Assent, see s. 41(4)
I24
S. 24 not in force at Royal Assent, see s. 41(4)
I25
S. 25 not in force at Royal Assent, see s. 41(4)
I26
S. 26 not in force at Royal Assent, see s. 41(4)
I27
S. 27 not in force at Royal Assent, see s. 41(4)
I28
S. 28 not in force at Royal Assent, see s. 41(4)
I29
S. 29 not in force at Royal Assent, see s. 41(4)
I30
S. 30 not in force at Royal Assent, see s. 41(4)
I31
S. 31 not in force at Royal Assent, see s. 41(4)
I32
S. 32 not in force at Royal Assent, see s. 41(4)
I33
S. 33 not in force at Royal Assent, see s. 41(4)
I34
S. 34 not in force at Royal Assent, see s. 41(4)
I35
S. 35 not in force at Royal Assent, see s. 41(4)
I36
S. 36 not in force at Royal Assent, see s. 41(4)
I37
S. 37 not in force at Royal Assent, see s. 41(4)
I38
S. 38 not in force at Royal Assent, see s. 41(4)
I39
S. 39 not in force at Royal Assent, see s. 41(4)
I40
S. 40 not in force at Royal Assent, see s. 41(4)
I41
S. 41 in force at Royal Assent, see s. 41(3)
I42
Sch. 1 para. 1 not in force at Royal Assent, see s. 41(4)
I43
Sch. 1 para. 2 not in force at Royal Assent, see s. 41(4)
I44
Sch. 1 para. 3 not in force at Royal Assent, see s. 41(4)
I45
Sch. 1 para. 4 not in force at Royal Assent, see s. 41(4)
I46
Sch. 1 para. 5 not in force at Royal Assent, see s. 41(4)
I47
Sch. 1 para. 6 not in force at Royal Assent, see s. 41(4)
I48
Sch. 1 para. 7 not in force at Royal Assent, see s. 41(4)
I49
Sch. 1 para. 8 not in force at Royal Assent, see s. 41(4)
I50
Sch. 1 para. 9 not in force at Royal Assent, see s. 41(4)
I51
Sch. 1 para. 10 not in force at Royal Assent, see s. 41(4)
I52
Sch. 1 para. 11 not in force at Royal Assent, see s. 41(4)
I53
Sch. 1 para. 12 not in force at Royal Assent, see s. 41(4)
I54
Sch. 1 para. 13 not in force at Royal Assent, see s. 41(4)
I55
Sch. 1 para. 14 not in force at Royal Assent, see s. 41(4)
I56
Sch. 1 para. 15 not in force at Royal Assent, see s. 41(4)
I57
Sch. 1 para. 16 not in force at Royal Assent, see s. 41(4)
I58
Sch. 1 para. 17 not in force at Royal Assent, see s. 41(4)
I59
Sch. 1 para. 18 not in force at Royal Assent, see s. 41(4)
I60
Sch. 1 para. 19 not in force at Royal Assent, see s. 41(4)
I61
Sch. 1 para. 20 not in force at Royal Assent, see s. 41(4)
I62
Sch. 1 para. 21 not in force at Royal Assent, see s. 41(4)
I63
Sch. 1 para. 22 not in force at Royal Assent, see s. 41(4)
I64
Sch. 1 para. 23 not in force at Royal Assent, see s. 41(4)
I65
Sch. 1 para. 24 not in force at Royal Assent, see s. 41(4)
I66
Sch. 2 para. 1 not in force at Royal Assent, see s. 41(4)
I67
Sch. 2 para. 2 not in force at Royal Assent, see s. 41(4)
I68
Sch. 2 para. 3 not in force at Royal Assent, see s. 41(4)
I69
Sch. 2 para. 4 not in force at Royal Assent, see s. 41(4)
I70
Sch. 2 para. 5 not in force at Royal Assent, see s. 41(4)
I71
Sch. 2 para. 6 not in force at Royal Assent, see s. 41(4)
I72
Sch. 2 para. 7 not in force at Royal Assent, see s. 41(4)
I73
Sch. 2 para. 8 not in force at Royal Assent, see s. 41(4)
I74
Sch. 2 para. 9 not in force at Royal Assent, see s. 41(4)
I75
Sch. 2 para. 10 not in force at Royal Assent, see s. 41(4)
I76
Sch. 2 para. 11 not in force at Royal Assent, see s. 41(4)
I77
Sch. 2 para. 12 not in force at Royal Assent, see s. 41(4)
I78
Sch. 2 para. 13 not in force at Royal Assent, see s. 41(4)
I79
Sch. 2 para. 14 not in force at Royal Assent, see s. 41(4)
I80
Sch. 2 para. 15 not in force at Royal Assent, see s. 41(4)
I81
Sch. 2 para. 16 not in force at Royal Assent, see s. 41(4)
I82
Sch. 2 para. 17 not in force at Royal Assent, see s. 41(4)
I83
Sch. 2 para. 18 not in force at Royal Assent, see s. 41(4)
I84
Sch. 2 para. 19 not in force at Royal Assent, see s. 41(4)
I85
Sch. 2 para. 20 not in force at Royal Assent, see s. 41(4)
I86
Sch. 2 para. 21 not in force at Royal Assent, see s. 41(4)
I87
Sch. 2 para. 22 not in force at Royal Assent, see s. 41(4)
I88
Sch. 2 para. 23 not in force at Royal Assent, see s. 41(4)
I89
Sch. 2 para. 24 not in force at Royal Assent, see s. 41(4)
I90
Sch. 2 para. 25 not in force at Royal Assent, see s. 41(4)
I91
Sch. 2 para. 26 not in force at Royal Assent, see s. 41(4)
I92
Sch. 2 para. 27 not in force at Royal Assent, see s. 41(4)
I93
Sch. 2 para. 28 not in force at Royal Assent, see s. 41(4)
I94
Sch. 2 para. 29 not in force at Royal Assent, see s. 41(4)
I95
Sch. 2 para. 30 not in force at Royal Assent, see s. 41(4)
I96
Sch. 2 para. 31 not in force at Royal Assent, see s. 41(4)
I97
Sch. 2 para. 32 not in force at Royal Assent, see s. 41(4)
I98
Sch. 2 para. 33 not in force at Royal Assent, see s. 41(4)
I99
Sch. 2 para. 34 not in force at Royal Assent, see s. 41(4)
I100
Sch. 2 para. 35 not in force at Royal Assent, see s. 41(4)
I101
Sch. 2 para. 36 not in force at Royal Assent, see s. 41(4)
I102
Sch. 2 para. 37 not in force at Royal Assent, see s. 41(4)
I103
Sch. 2 para. 38 not in force at Royal Assent, see s. 41(4)
I104
Sch. 2 para. 39 not in force at Royal Assent, see s. 41(4)
I105
Sch. 2 para. 40 not in force at Royal Assent, see s. 41(4)
I106
Sch. 2 para. 41 not in force at Royal Assent, see s. 41(4)
I107
Sch. 2 para. 42 not in force at Royal Assent, see s. 41(4)
I108
Sch. 2 para. 43 not in force at Royal Assent, see s. 41(4)
I109
Sch. 2 para. 44 not in force at Royal Assent, see s. 41(4)
I110
Sch. 2 para. 45 not in force at Royal Assent, see s. 41(4)
I111
Sch. 2 para. 46 not in force at Royal Assent, see s. 41(4)
I112
S. 4 in force at 31.10.2022 by S.I. 2022/1109, Sch. para. 1
I113
S. 5 in force at 31.10.2022 by S.I. 2022/1109, Sch. para. 2
I114
S. 6 in force at 31.10.2022 by S.I. 2022/1109, Sch. para. 3 (with reg. 5)
I115
S. 7 in force at 31.10.2022 by S.I. 2022/1109, Sch. para. 4
I116
S. 8 in force at 31.10.2022 by S.I. 2022/1109, Sch. para. 5
I117
S. 30 in force at 31.10.2022 by S.I. 2022/1109, Sch. para. 6
I118
S. 32 in force at 31.10.2022 by S.I. 2022/1109, Sch. para. 7
I119
S. 36 in force at 31.10.2022 by S.I. 2022/1109, Sch. para. 8
I120
S. 37(1) in force at 31.10.2022 for specified purposes by S.I. 2022/1109, Sch. para. 9(a)
I121
S. 37(2)(a) in force at 31.10.2022 by S.I. 2022/1109, Sch. para. 9(b)
I122
S. 37(2)(b) in force at 31.10.2022 for specified purposes by S.I. 2022/1109, Sch. para. 9(c)
I123
S. 37(3) in force at 31.10.2022 by S.I. 2022/1109, Sch. para. 9(d)
I124
S. 40 in force at 31.10.2022 for specified purposes by S.I. 2022/1109, Sch. para. 10
I125
Sch. 2 para. 1 in force at 31.10.2022 for specified purposes by S.I. 2022/1109, Sch. para. 11(a)
I126
Sch. 2 para. 11 in force at 31.10.2022 by S.I. 2022/1109, Sch. para. 11(b)
I127
Sch. 2 para. 12 in force at 31.10.2022 by S.I. 2022/1109, Sch. para. 11(c)
I128
Sch. 2 para. 13 in force at 31.10.2022 by S.I. 2022/1109, Sch. para. 11(d) (with reg. 5)
I129
Sch. 2 para. 14 in force at 31.10.2022 by S.I. 2022/1109, Sch. para. 11(e) (with reg. 5)
I130
Sch. 2 para. 15 in force at 31.10.2022 by S.I. 2022/1109, Sch. para. 11(f) (with reg. 5)
I131
Sch. 2 para. 38 in force at 31.10.2022 for specified purposes by S.I. 2022/1109, Sch. para. 11(g)
I132
Sch. 2 para. 39 in force at 31.10.2022 by S.I. 2022/1109, Sch. para. 11(h)
I133
Sch. 2 para. 40 in force at 31.10.2022 by S.I. 2022/1109, Sch. para. 11(i)
I134
Sch. 2 para. 41 in force at 31.10.2022 by S.I. 2022/1109, Sch. para. 11(j)
I135
S. 9 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 1 (with regs. 4, 5)
I136
S. 10 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 2 (with reg. 4)
I137
S. 11 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 3 (with reg. 4)
I138
S. 12 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 4
I139
S. 13 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 5
I140
S. 14 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 6 (with reg. 5)
I141
S. 17 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 7
I142
S. 19 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 8
I143
S. 20 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 9
I144
S. 21 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 10
I145
S. 22 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 11
I146
S. 25 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 12
I147
S. 26 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 13
I148
S. 27 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 14
I149
S. 28 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 15
I150
S. 35(a) in force at 14.6.2023 by S.I. 2023/643, Sch. para. 16
I151
S. 38 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 17
I152
S. 39 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 18
I153
S. 40 in force at 14.6.2023 for specified purposes by S.I. 2023/643, Sch. para. 19
I154
Sch. 2 para. 1 in force at 14.6.2023 for specified purposes by S.I. 2023/643, Sch. para. 20(a)
I155
Sch. 2 para. 16 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 20(b)
I156
Sch. 2 para. 17 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 20(c) (with reg. 4)
I157
Sch. 2 para. 18 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 20(d)
I158
Sch. 2 para. 19 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 20(e)
I159
Sch. 2 para. 20 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 20(f)
I160
Sch. 2 para. 21 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 20(g)
I161
Sch. 2 para. 22 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 20(h)
I162
Sch. 2 para. 23 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 20(i)
I163
Sch. 2 para. 24 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 20(j) (with reg. 5)
I164
Sch. 2 para. 25 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 20(k) (with reg. 5)
I165
Sch. 2 para. 28 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 20(l)
I166
Sch. 2 para. 30 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 20(m)
I167
Sch. 2 para. 31 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 20(n)
I168
Sch. 2 para. 32 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 20(o)
I169
Sch. 2 para. 33 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 20(p)
I170
Sch. 2 para. 34 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 20(q)
I171
Sch. 2 para. 35 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 20(r)
I172
Sch. 2 para. 36 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 20(s)
I173
Sch. 2 para. 37 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 20(t)
I174
Sch. 2 para. 45 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 20(u)
I175
Sch. 2 para. 46 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 20(v)
I176
S. 1 in force at 7.3.2024 by S.I. 2024/265, reg. 3, Sch. 1 para. 1 (with reg. 6)
I177
S. 2 in force at 7.3.2024 by S.I. 2024/265, reg. 3, Sch. 1 para. 2 (with reg. 7)
I178
S. 3 in force at 7.3.2024 by S.I. 2024/265, reg. 3, Sch. 1 para. 3 (with reg. 8)
I179
S. 18(2)(a)(c)(3)(a) in force at 7.3.2024 by S.I. 2024/265, reg. 3, Sch. 1 para. 4(b)-(d)
I180
S. 23 in force at 7.3.2024 by S.I. 2024/265, reg. 3, Sch. 1 para. 5 (with regs. 9, 10)
I181
S. 29 in force at 7.3.2024 by S.I. 2024/265, reg. 3, Sch. 1 para. 6
I182
S. 31 in force at 7.3.2024 by S.I. 2024/265, reg. 3, Sch. 1 para. 7
I183
S. 33 in force at 7.3.2024 by S.I. 2024/265, reg. 3, Sch. 1 para. 8
I184
S. 34 in force at 7.3.2024 by S.I. 2024/265, reg. 3, Sch. 1 para. 9
I185
S. 35(b) in force at 7.3.2024 by S.I. 2024/265, reg. 3, Sch. 1 para. 10
I186
S. 37(1) in force at 7.3.2024 in so far as not already in force by S.I. 2024/265, reg. 3, Sch. 1 para. 11
I187
Sch. 2 para. 2 in force at 7.3.2024 by S.I. 2024/265, reg. 3, Sch. 1 para. 13(b)
I188
Sch. 2 para. 3 in force at 7.3.2024 by S.I. 2024/265, reg. 3, Sch. 1 para. 13(c)
I189
Sch. 2 para. 4 in force at 7.3.2024 by S.I. 2024/265, reg. 3, Sch. 1 para. 13(d)
I190
Sch. 2 para. 5 in force at 7.3.2024 by S.I. 2024/265, reg. 3, Sch. 1 para. 13(e)
I191
Sch. 2 para. 6 in force at 7.3.2024 by S.I. 2024/265, reg. 3, Sch. 1 para. 13(f)
I192
Sch. 2 para. 7 in force at 7.3.2024 by S.I. 2024/265, reg. 3, Sch. 1 para. 13(g)
I193
Sch. 2 para. 8 in force at 7.3.2024 by S.I. 2024/265, reg. 3, Sch. 1 para. 13(h)
I194
Sch. 2 para. 9 in force at 7.3.2024 by S.I. 2024/265, reg. 3, Sch. 1 para. 13(i)
I195
Sch. 2 para. 10 in force at 7.3.2024 by S.I. 2024/265, reg. 3, Sch. 1 para. 13(j)
I196
Sch. 2 para. 42 in force at 7.3.2024 by S.I. 2024/265, reg. 3, Sch. 1 para. 13(m)
I197
Sch. 2 para. 43 in force at 7.3.2024 by S.I. 2024/265, reg. 3, Sch. 1 para. 13(n)
I198
Sch. 2 para. 44 in force at 7.3.2024 by S.I. 2024/265, reg. 3, Sch. 1 para. 13(o)
I199
Sch. 2 para. 29 in force at 7.3.2024 by S.I. 2024/265, reg. 3, Sch. 1 para. 13(k)
I200
S. 40 in force at 7.3.2024 for specified purposes by S.I. 2024/265, reg. 3, Sch. 1 para. 12
I201
Sch. 2 para. 1 in force at 7.3.2024 for specified purposes by S.I. 2024/265, reg. 3, Sch. 1 para. 13(a)
I202
Sch. 2 para. 38 in force at 7.3.2024 in so far as not already in force by S.I. 2024/265, reg. 3, Sch. 1 para. 13(l)
I203
S. 18(1) in force at 7.3.2024 for specified purposes by S.I. 2024/265, reg. 3, Sch. 1 para. 4(a)
I204
S. 37(2)(b) in force at 7.3.2024 in so far as not already in force by S.I. 2024/265, reg. 3, Sch. 1 para. 11
I205
S. 37(2)(c) in force at 7.3.2024 by S.I. 2024/265, reg. 3, Sch. 1 para. 11
I206
S. 18(2)(b)(3)(b) in force at 19.5.2025 by S.I. 2024/265, reg. 4, Sch. 2 para. 1
I207
S. 24 in force at 19.5.2025 by S.I. 2024/265, reg. 4, Sch. 2 para. 2
I208
Sch. 1 para. 1 in force at 19.5.2025 by S.I. 2024/265, reg. 4, Sch. 2 para. 3
I209
Sch. 1 para. 2 in force at 19.5.2025 by S.I. 2024/265, reg. 4, Sch. 2 para. 3
I210
Sch. 1 para. 3 in force at 19.5.2025 by S.I. 2024/265, reg. 4, Sch. 2 para. 3
I211
Sch. 1 para. 4 in force at 19.5.2025 by S.I. 2024/265, reg. 4, Sch. 2 para. 3
I212
Sch. 1 para. 5 in force at 19.5.2025 by S.I. 2024/265, reg. 4, Sch. 2 para. 3
I213
Sch. 1 para. 6 in force at 19.5.2025 by S.I. 2024/265, reg. 4, Sch. 2 para. 3
I214
Sch. 1 para. 7 in force at 19.5.2025 by S.I. 2024/265, reg. 4, Sch. 2 para. 3
I215
Sch. 1 para. 8 in force at 19.5.2025 by S.I. 2024/265, reg. 4, Sch. 2 para. 3
I216
Sch. 1 para. 9 in force at 19.5.2025 by S.I. 2024/265, reg. 4, Sch. 2 para. 3
I217
Sch. 1 para. 10 in force at 19.5.2025 by S.I. 2024/265, reg. 4, Sch. 2 para. 3
I218
Sch. 1 para. 11 in force at 19.5.2025 by S.I. 2024/265, reg. 4, Sch. 2 para. 3
I219
Sch. 1 para. 12 in force at 19.5.2025 by S.I. 2024/265, reg. 4, Sch. 2 para. 3
I220
Sch. 1 para. 13 in force at 19.5.2025 by S.I. 2024/265, reg. 4, Sch. 2 para. 3
I221
Sch. 1 para. 14 in force at 19.5.2025 by S.I. 2024/265, reg. 4, Sch. 2 para. 3
I222
Sch. 1 para. 15 in force at 19.5.2025 by S.I. 2024/265, reg. 4, Sch. 2 para. 3
I223
Sch. 1 para. 16 in force at 19.5.2025 by S.I. 2024/265, reg. 4, Sch. 2 para. 3
I224
Sch. 1 para. 17 in force at 19.5.2025 by S.I. 2024/265, reg. 4, Sch. 2 para. 3
I225
Sch. 1 para. 18 in force at 19.5.2025 by S.I. 2024/265, reg. 4, Sch. 2 para. 3
I226
Sch. 1 para. 19 in force at 19.5.2025 by S.I. 2024/265, reg. 4, Sch. 2 para. 3
I227
Sch. 1 para. 20 in force at 19.5.2025 by S.I. 2024/265, reg. 4, Sch. 2 para. 3
I228
Sch. 1 para. 21 in force at 19.5.2025 by S.I. 2024/265, reg. 4, Sch. 2 para. 3
I229
Sch. 1 para. 22 in force at 19.5.2025 by S.I. 2024/265, reg. 4, Sch. 2 para. 3
I230
Sch. 1 para. 23 in force at 19.5.2025 by S.I. 2024/265, reg. 4, Sch. 2 para. 3
I231
Sch. 1 para. 24 in force at 19.5.2025 by S.I. 2024/265, reg. 4, Sch. 2 para. 3
I232
S. 18(1) in force at 19.5.2025 in so far as not already in force by S.I. 2024/265, reg. 4, Sch. 2 para. 1
I233
S. 15 in force at 27.11.2025 for specified purposes by S.I. 2025/1191, reg. 3(1)(a)(2)
I234
S. 16 in force at 27.11.2025 for specified purposes by S.I. 2025/1191, reg. 3(1)(b)(2) (with reg. 4)
I235
Sch. 2 para. 26 in force at 27.11.2025 for specified purposes by S.I. 2025/1191, reg. 3(1)(d)(ii)(2)
I236
Sch. 2 para. 27 in force at 27.11.2025 for specified purposes by S.I. 2025/1191, reg. 3(1)(d)(iii)(2)
I237
S. 40 in force at 27.11.2025 for specified purposes by S.I. 2025/1191, reg. 3(1)(c)(2)
I238
Sch. 2 para. 1 in force at 27.11.2025 for specified purposes by S.I. 2025/1191, reg. 3(1)(d)(i)(2)

Charities Act 2022

PART 1 Purposes, powers and governing documents¶

Charitable companies¶

I1I1761 Alteration of charitable company’s purposes¶

Charitable incorporated organisations¶

I2I1772 Amendments to constitution of CIOs¶

Unincorporated charities¶

I3I1783 Powers of unincorporated charities¶

Charities established etc by Royal charter or Act¶

I4I1124 Power to amend Royal charter¶

I5I1135 Orders under section 73 of the Charities Act 2011: parliamentary procedure¶

Cy-près and schemes¶

I6I1146 Cy-près powers¶

I7I1157 Proceeds of fund-raising: power of charity trustees to apply cy-près¶

I8I1168 Power of the court and the Commission to make schemes¶

Permanent endowment¶

I9I1359 Definition of “permanent endowment”¶

I10I13610 Amendment of powers to release restrictions on spending capital¶

I11I13711 Taking effect of resolution under section 282 of the Charities Act 2011¶

I12I13812 Power to borrow from permanent endowment¶

I13I13913 Total return investment¶

Special trusts¶

I14I14014 Special trusts¶

Ex gratia payments etc¶

I15I23315 Small ex gratia payments¶

I16I23416 Power of Commission etc to authorise ex gratia payments etc¶

PART 2 Charity land¶

Dispositions and mortgages¶

I17I14117 Scope of Part 7 of the Charities Act 2011¶

I1818 Exceptions to restrictions on dispositions or mortgages of charity land¶

I19I14219 Advertising and report requirements for disposition of charity land¶

I20I14320 Advice relating to the disposition of charity land¶

I21I14421 Advice etc from charity trustees, officers and employees¶

I22I14522 Residential tenancies granted to employees¶

I23I18023 Information to be included in certain instruments¶

Universities and College Estates Act 1925¶

I24I20724 Amendments of the Universities and College Estates Act 1925¶

PART 3 Charity names¶

I25I14625 Working names etc¶

I26I14726 Power to delay registration of unsuitably named charity¶

I27I14827 Power to delay entry of unsuitable name in register¶

I28I14928 Power to direct change of name of exempt charity¶

PART 4 Charity trustees¶

I29I18129 Powers relating to appointments of trustees¶

I30I11730 Remuneration of charity trustees etc providing goods or services to charity¶

I31I18231 Remuneration etc of charity trustees etc¶

I32I11832 Trustee of charitable trust: status as trust corporation¶

PART 5 Charity mergers¶

Gifts to merged charity¶

I33I18333 Gifts to merged charity¶

Vesting declarations¶

I34I18434 Vesting declarations: exclusions¶

I3535 Vesting permanent endowment following a merger¶

PART 6 Legal proceedings¶

I36I11936 Costs incurred in relation to Tribunal proceedings etc¶

PART 7 General¶

I3737 Public notice as regards Commission orders etc¶

I38I15138 “Connected person”: illegitimate children¶

I39I15239 “Connected person”: power to amend¶

I40I124I153I200I23740 Minor and consequential provision¶

I4141 Extent, commencement and short title¶

SCHEDULES

SCHEDULE 1 ¶

Amendments of the Universities and College Estates Act 1925: consequential amendments

I42I2081 Law of Property (Amendment) Act 1926 (c. 11)¶

I43I2092 Landlord and Tenant Act 1927 (c. 36)¶

I44I2103 Landlord and Tenant (War Damage) Act 1939 (c. 72)¶

I45I2114 Universities and Colleges (Trusts) Act 1943 (c. 9)¶

I46I2125 Coast Protection Act 1949 (c. 74)¶

I47I2136 Landlord and Tenant Act 1954 (c. 56)¶

I48I2147 Universities and College Estates Act 1964 (c. 51)¶

I49I2158 Forestry Act 1967 (c. 10)¶

I50I2169 Leasehold Reform Act 1967 (c. 88)¶

I51I21710 Mines and Quarries (Tips) Act 1969 (c. 10)¶

I52I21811 Agriculture Act 1970 (c. 40)¶

I53I21912 Agriculture (Miscellaneous Provisions) Act 1976 (c. 55)¶

I54I22013 Universities and College Estates Act 1925 (Amendment) Regulations 1978 (S.I. 1978/443)¶

I55I22114 Highways Act 1980 (c. 66)¶

I56I22215 Agricultural Holdings Act 1986 (c. 5)¶

I57I22316 Town and Country Planning Act 1990 (c. 8)¶

^I1^I1761 Alteration of charitable company’s purposes¶

^I2^I1772 Amendments to constitution of CIOs¶

^I3^I1783 Powers of unincorporated charities¶

^I4^I1124 Power to amend Royal charter¶

^I5^I1135 Orders under section 73 of the Charities Act 2011: parliamentary procedure¶

^I6^I1146 Cy-près powers¶

^I7^I1157 Proceeds of fund-raising: power of charity trustees to apply cy-près¶

^I8^I1168 Power of the court and the Commission to make schemes¶

^I9^I1359 Definition of “permanent endowment”¶

^I10^I13610 Amendment of powers to release restrictions on spending capital¶

^I11^I13711 Taking effect of resolution under section 282 of the Charities Act 2011¶

^I12^I13812 Power to borrow from permanent endowment¶

^I13^I13913 Total return investment¶

^I14^I14014 Special trusts¶

^I15^I23315 Small ex gratia payments¶

^I16^I23416 Power of Commission etc to authorise ex gratia payments etc¶

^I17^I14117 Scope of Part 7 of the Charities Act 2011¶

^I1818 Exceptions to restrictions on dispositions or mortgages of charity land¶

^I19^I14219 Advertising and report requirements for disposition of charity land¶

^I20^I14320 Advice relating to the disposition of charity land¶

^I21^I14421 Advice etc from charity trustees, officers and employees¶

^I22^I14522 Residential tenancies granted to employees¶

^I23^I18023 Information to be included in certain instruments¶

^I24^I20724 Amendments of the Universities and College Estates Act 1925¶

^I25^I14625 Working names etc¶

^I26^I14726 Power to delay registration of unsuitably named charity¶

^I27^I14827 Power to delay entry of unsuitable name in register¶

^I28^I14928 Power to direct change of name of exempt charity¶

^I29^I18129 Powers relating to appointments of trustees¶

^I30^I11730 Remuneration of charity trustees etc providing goods or services to charity¶

^I31^I18231 Remuneration etc of charity trustees etc¶

^I32^I11832 Trustee of charitable trust: status as trust corporation¶

^I33^I18333 Gifts to merged charity¶

^I34^I18434 Vesting declarations: exclusions¶

^I3535 Vesting permanent endowment following a merger¶

^I36^I11936 Costs incurred in relation to Tribunal proceedings etc¶

^I3737 Public notice as regards Commission orders etc¶

^I38^I15138 “Connected person”: illegitimate children¶

^I39^I15239 “Connected person”: power to amend¶

^I40^I124^I153^I200^I23740 Minor and consequential provision¶

^I4141 Extent, commencement and short title¶

^I42^I2081 Law of Property (Amendment) Act 1926 (c. 11)¶

^I43^I2092 Landlord and Tenant Act 1927 (c. 36)¶

^I44^I2103 Landlord and Tenant (War Damage) Act 1939 (c. 72)¶

^I45^I2114 Universities and Colleges (Trusts) Act 1943 (c. 9)¶

^I46^I2125 Coast Protection Act 1949 (c. 74)¶

^I47^I2136 Landlord and Tenant Act 1954 (c. 56)¶

^I48^I2147 Universities and College Estates Act 1964 (c. 51)¶

^I49^I2158 Forestry Act 1967 (c. 10)¶

^I50^I2169 Leasehold Reform Act 1967 (c. 88)¶

^I51^I21710 Mines and Quarries (Tips) Act 1969 (c. 10)¶

^I52^I21811 Agriculture Act 1970 (c. 40)¶

^I53^I21912 Agriculture (Miscellaneous Provisions) Act 1976 (c. 55)¶

^I54^I22013 Universities and College Estates Act 1925 (Amendment) Regulations 1978 (S.I. 1978/443)¶

^I55^I22114 Highways Act 1980 (c. 66)¶

^I56^I22215 Agricultural Holdings Act 1986 (c. 5)¶

^I57^I22316 Town and Country Planning Act 1990 (c. 8)¶

^I58^I22417 Solicitors’ Recognised Bodies Order 1991 (S.I. 1991/2684)¶

^I59^I22518 Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)¶

^I60^I22619 Agricultural Tenancies Act 1995 (c. 8)¶

^I61^I22720 Housing Grants, Construction and Regeneration Act 1996 (c. 53)¶

^I62^I22821 Cathedrals Measure 1999 (No. 1)¶

^I63^I22922 Trustee Act 2000 (c. 29)¶

^I64^I23023 Constitutional Reform Act 2005 (c. 4)¶

^I65^I23124 Cathedrals Measure 2021 (No. 2)¶

^I67^I1872 Amendment relating to section 2 of this Act¶

^I85^I15920 Amendment relating to sections 10 and 12 of this Act¶

^I88^I16223 Amendment relating to section 13 of this Act¶

^I93^I16528 Amendment relating to section 22 of this Act¶

^I94^I19929 Amendment relating to section 23 of this Act¶

^I107^I19642 Amendment relating to section 31 of this Act¶