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Charities Act 2011
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348Regulations subject to affirmative procedure etc.E+W
(1)Section 347(2) (negative procedure) does not apply to—
(a)regulations under section 19 (fees and other amounts payable to Commission) which require the payment of a fee in respect of any matter for which no fee was previously payable;
(b)regulations under section 25 (meaning of “principal regulator”) which amend any provision of an Act;
[F1(ba)regulations under section 181A(8) (conditions for disqualification by order);]
(c)regulations under section 245 (regulations about winding up, insolvency and dissolution of CIOs).
(2)No regulations within subsection (1)(a) [F2, (bb)] or (c) may be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.
(3)No regulations within subsection (1)(b) may be made (whether alone or with other provisions) unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.
(4)Before making any regulations under—
[F3(zb)section 181A(8), if the regulations add a condition,]
(a)Part 8 (charity accounts, reports and returns), or
(b)section 245 or 246 (certain powers to make regulations about CIOs),
the [F4Secretary of State] must consult such persons or bodies of persons as the [F4Secretary of State] considers appropriate.
Textual Amendments
F1S. 348(1)(ba) inserted (1.10.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 10(6), 17(4); S.I. 2016/815, reg. 3(a)
F2Word in s. 348(2) inserted (1.10.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 10(7), 17(4); S.I. 2016/815, reg. 3(a)
F3S. 348(4)(zb) inserted (1.10.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 10(8), 17(4); S.I. 2016/815, reg. 3(a)
F4Words in s. 348(4) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 25(2)(nn) (with art. 12)
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