Charities Act 2011

349 Orders subject to affirmative procedure etc. E+W

(1) Section 347(2) (negative procedure) does not apply to—

(a) an order under section 23 (power to amend Schedule 3 so as to add or remove exempt charities);

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) an order under section 190 (power to amend provisions relating to indemnity insurance for charity trustees and trustees);

(d) an order under section 324 (power to amend provisions relating to appeals and applications to Tribunal).

(2) No order within subsection (1)(a) may be made (whether alone or with other provisions) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(3) No order within subsection (1)(c) or (d) may be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(4) If a draft of an instrument containing an order under section 23 would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

Textual Amendments

F1 S. 349(1)(b) omitted (31.10.2022) by virtue of Charities Act 2022 (c. 6), s. 41(4), Sch. 2 para. 11; S.I. 2022/1109, Sch. para. 11(b)