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

Saving provision in relation to section 3 of the 2022 Act

8.—(1) In this regulation—

“relevant proceedings” mean—

(a)

for the purposes of paragraph (2)—

(i)

proceedings on an appeal brought to the Tribunal under section 319 of the 2011 Act in relation to a decision of the Charity Commission under section 271(1) of the 2011 Act to object to a section 268(1) resolution, or

(ii)

proceedings on an application for judicial review—

(aa)

of a decision of the Charity Commission under section 271(1) of the 2011 Act to object to a section 268(1) resolution, or

(bb)

in relation to the taking effect of a section 268(1) resolution under section 270 of the 2011 Act;

(b)

for the purposes of paragraph (3)—

(i)

proceedings on an appeal brought to the Tribunal under section 319 of the 2011 Act in relation to a decision of the Charity Commission under section 278(1) of the 2011 Act to object to a section 275(2) resolution, or

(ii)

proceedings on an application for judicial review—

(aa)

of a decision of the Charity Commission under section 278(1) of the 2011 Act to object to a section 275(2) resolution, or

(bb)

in relation to the taking effect of a section 275(2) resolution under section 277 of the 2011 Act;

“section 268(1) resolution” means a resolution of the charity trustees of a charity to transfer all of the property of the charity to one or more charities passed in accordance with section 268(1) of the 2011 Act;

“section 275(2) resolution” means a resolution of the charity trustees of a charity to replace all or any of the purposes of the charity with other purposes specified in the resolution passed in accordance with section 275(2) of the 2011 Act.

(2) Paragraph (4) applies to the charity trustees of a charity if, prior to 7th March 2024—

(a) the charity trustees of the charity have passed a section 268(1) resolution, and

(b) any of the following applies—

(i) the charity trustees of the charity have not yet sent a copy of the section 268(1) resolution, together with a statement of their reasons for passing it, to the Charity Commission, as required by section 268(5) of the 2011 Act;

(ii) the charity trustees of the charity have sent a copy of the section 268(1) resolution, together with a statement of their reasons for passing it, to the Charity Commission, and the period under section 270 of the 2011 Act (as may be extended by subsections (4) to (7) of section 271 of the 2011 Act) has not expired;

(iii) the section 268(1) resolution has taken effect under section 270 of the 2011 Act and the period for commencing proceedings on an application for judicial review in connection to that has not expired;

(iv) the Charity Commission has informed the charity trustees of the charity in writing that it objects to the section 268(1) resolution under section 271(1) of the 2011 Act and the period for commencing relevant proceedings in relation to that decision to object has not expired;

(v) relevant proceedings have been commenced.

(3) Paragraph (4) also applies to the charity trustees of a charity if, prior to 7th March 2024—

(a) the charity trustees of the charity have passed a section 275(2) resolution, and

(b) any of the following applies—

(i) the charity trustees of the charity have not yet sent a copy of the section 275(2) resolution, together with a statement of their reasons for passing it, to the Charity Commission, as required by section 275(6) of the 2011 Act;

(ii) the charity trustees of the charity have sent a copy of the section 275(2) resolution, together with a statement of their reasons for passing it, to the Charity Commission, and the period under section 277 of the 2011 Act (as may be extended by subsections (4) to (7) of section 278 of the 2011 Act) has not expired;

(iii) the section 275(2) resolution has taken effect under section 277 of the 2011 Act and the period for commencing proceedings on an application for judicial review in connection to that has not expired;

(iv) the Charity Commission has informed the charity trustees of the charity in writing that it objects to the section 275(2) resolution under section 278(1) of the 2011 Act and the period for commencing relevant proceedings in relation to that decision to object has not expired;

(v) relevant proceedings have been commenced.

(4) Section 328 of, and Schedules 6 and 11 to, the 2011 Act continue to have effect on and after 7th March 2024 in relation to the charity trustees of the charity in respect of either or both the section 268(1) resolution and the section 275(2) resolution (as the case may be), as if paragraphs 4, 8(a) and (b) and 10(e) of Schedule 2 to, the 2022 Act had not come into force.