The Charitable Incorporated Organisations (General) Regulations 2012

Delegation and appointment of nominees etc. by charity trustees

33.—(1) The provisions of the Trustee Act 2000(1) (“the 2000 Act”) specified in paragraph (2) apply in relation to a CIO as they apply to a charitable trust but with the modifications specified in paragraph (3).

(2) The provisions of the 2000 Act which apply are—

(a) Part 4 (agents, nominees and custodians) other than sections 11(2), 12(3), 13(3) to (5), 18, 25(2) and 27; and

(b) section 32 (remuneration of agents, nominees and custodians).

(3) The modifications are—

(a) any reference to a charitable trust or a trust is to be read as a reference to a CIO;

(b) any reference to the trustees of a trust or to the trustees is to be read as a reference to the charity trustees of a CIO;

(c) any reference to property or assets subject to the trust, or of the trust, is to be read as a reference to the property or assets of a CIO;

(d) any reference to the acquisition of property which is to be subject to the trust is to be read as a reference to the acquisition of property by a CIO;

(e) any reference to the trust instrument is to be read as a reference to CIO’s constitution;

(f) any reference to a provision of the 2000 Act is to be read as a reference to a provision of that Act as it applies in relation to CIOs;

(g) any reference to trust funds is to be read as a reference to the funds of a CIO;

(h) any reference to section 12(3), 13(5) or 18 is omitted;

(i) in sections 14(1) and 20(1) the reference to sections 29 to 32 is to be read as a reference to section 32;

(j) in sections 14(3)(b) and 20(3)(b) the words “or any beneficiary” are omitted;

(k) in sections 16(3) and 17(4) references to a CIO having a custodian trustee are omitted;

(l) any reference to the duty of care applicable to a trustee under paragraph 3 of Schedule 1 to the 2000 Act is to be read as a reference to the duty of care in section 221(2) of the 2011 Act (duties of charity trustees);

(m) the reference in section 11(3)(d) to any other function prescribed by an order made by the Secretary of State is to be read as a reference to any function prescribed by an order made by the Secretary of State under that provision in relation to a charitable trust and any such order applies in relation to a CIO in so far as it applies to a charity which is not an exempt charity with appropriate modifications;

(n) in section 19(4) the words “which is not an exempt charity” are omitted;

(o) in section 25(1) the words “subject to subsection (2)” are omitted.

(1)

2000 c. 29. There are amendments to the Act not relevant to these Regulations.