2013 No. 1764
The Charities Act 2011 (Principal Regulators of Exempt Charities) Regulations 2013
Made
Laid before Parliament
Coming into force
The Minister for the Cabinet Office makes the following Regulations in exercise of the powers conferred by sections 25, 58(4) and 347(3) of the Charities Act 20111.
Citation and commencement1
These Regulations may be cited as the Charities Act 2011 (Principal Regulators of Exempt Charities) Regulations 2013 and come into force on 1st September 2013.
Interpretation2
In these Regulations—
“further education corporation” has the same meaning as in the Further and Higher Education Act 19922.
Appointment of principal regulator: exempt charities in further education sector in England3
The Secretary of State for Business, Innovation and Skills is prescribed as the principal regulator of any exempt charity which is—
a
a further education corporation in England;
b
an institution which is—
i
administered by or on behalf of a further education corporation in England, and
ii
established for the general purposes of, or for any special purpose of or in connection with, that further education corporation.
Appointment of principal regulator: exempt charities in further education sector in Wales4
The Welsh Ministers are prescribed as the principal regulator of—
a
the governing body of Saint David’s Catholic College (“the College”)3;
b
any institution which is—
i
administered by or on behalf of that governing body, and
ii
established for the general purposes of, or any special purpose of or in connection with, the governing body or the College;
c
any exempt charity which is—
i
a further education corporation in Wales;
ii
an institution which is—
aa
administered by or on behalf of a further education corporation in Wales, and
bb
established for the general purposes of, or for any special purpose of or in connection with, that further education corporation.
Definition of “responsible person”5
1
In its application to the Secretary of State for Business, Innovation and Skills as principal regulator of an exempt charity by virtue of these Regulations, section 57 of the Charities Act 2011 has effect as if, for the definition of “responsible person” in subsection (8), there were substituted—
“responsible person” means a person who is or was—
- a
the Secretary of State for Business, Innovation and Skills;
- b
acting on behalf of the Secretary of State for Business, Innovation and Skills; or
- c
a member of a committee established by the Secretary of State for Business, Innovation and Skills.
2
In its application to the Welsh Ministers as principal regulator of an exempt charity by virtue of these Regulations, section 57 of the Charities Act 2011 has effect as if, for the definition of “responsible person” in subsection (8), there were substituted—
“responsible person” means a person who is or was—
- a
a Welsh Minister;
- b
acting on behalf of the Welsh Ministers; or
- c
a member of a committee established by the Welsh Ministers.
(This note is not part of the Regulations)