Charities Act 2022

PART 7 E+W General

37 Public notice as regards Commission orders etc E+W

(1) The Charities Act 2011 is amended as follows.

(2) In section 337 (other provisions as to orders of Commission)—

(a) after subsection (2) insert—

“(2A) Where an application is made for an order under this Act or the Commission proposes to make such an order, the Commission—

(a) may itself give such public notice as it thinks fit of the contents of the order applied for or proposed to be made, or

(b) may require it to be given by—

(i) any person making an application for the order, or

(ii) any charity that would be affected by the order.”;

(b) after subsection (3) insert—

“(3A) Where the Commission’s written consent is sought under section 67A, 198, 226 or 280A in relation to a charity, the Commission—

(a) may itself give such public notice as it thinks fit of the contents of the consent sought, or

(b) may require it to be given by the charity.

(3B) Where the Commission gives written consent under section 67A, 198, 226 or 280A in relation to a charity, the Commission—

(a) may itself give such public notice as it thinks fit of the giving or contents of the consent, or

(b) may require it to be given by the charity.”;

(c) in the heading, after “orders” insert “etc”.

(3) In section 338 (directions of the Commission or person conducting inquiry), in subsection (2), for “any such directions” substitute “a direction of the Commission under any provision of this Act”.

Commencement Information

I1 S. 37 not in force at Royal Assent, see s. 41(4)

I2 S. 37(1) in force at 31.10.2022 for specified purposes by S.I. 2022/1109, Sch. para. 9(a)

I3 S. 37(1) in force at 7.3.2024 in so far as not already in force by S.I. 2024/265, reg. 3, Sch. 1 para. 11

I4 S. 37(2)(a) in force at 31.10.2022 by S.I. 2022/1109, Sch. para. 9(b)

I5 S. 37(2)(b) in force at 31.10.2022 for specified purposes by S.I. 2022/1109, Sch. para. 9(c)

I6 S. 37(2)(b) in force at 7.3.2024 in so far as not already in force by S.I. 2024/265, reg. 3, Sch. 1 para. 11

I7 S. 37(2)(c) in force at 7.3.2024 by S.I. 2024/265, reg. 3, Sch. 1 para. 11

I8 S. 37(3) in force at 31.10.2022 by S.I. 2022/1109, Sch. para. 9(d)

38 “Connected person”: illegitimate children E+W

In section 350(1) of the Charities Act 2011 (connected person: meaning of “child”), omit “and an illegitimate child”.

Commencement Information

I9 S. 38 not in force at Royal Assent, see s. 41(4)

I10 S. 38 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 17

39 “Connected person”: power to amend E+W

(1) After section 352 of the Charities Act 2011 insert—

“352A Power to amend definition of “connected person”

The Secretary of State may by regulations amend this Act to alter what is a “connected person” for the purposes of any provision of this Act.”

(2) In section 348 of that Act (regulations subject to affirmative procedure etc)—

(a) in subsection (1), after paragraph (d) (inserted by section 12) insert—

“(e) regulations under section 352A (power to amend definition of “connected person”).”;

(b) in subsection (2), after “(d)” (inserted by section 12) insert “or (e)”.

Commencement Information

I11 S. 39 not in force at Royal Assent, see s. 41(4)

I12 S. 39 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 18

40 Minor and consequential provision E+W

Schedule 2 (which contains minor and consequential amendments) has effect.

Commencement Information

I13 S. 40 not in force at Royal Assent, see s. 41(4)

I14 S. 40 in force at 31.10.2022 for specified purposes by S.I. 2022/1109, Sch. para. 10

I15 S. 40 in force at 14.6.2023 for specified purposes by S.I. 2023/643, Sch. para. 19

I16 S. 40 in force at 7.3.2024 for specified purposes by S.I. 2024/265, reg. 3, Sch. 1 para. 12

41 Extent, commencement and short title E+W

(1) This Act extends to England and Wales only, subject to subsection (2).

(2) An amendment made by—

(a) section 24;

(b) Schedule 1;

(c) paragraph 12 or 46 of Schedule 2,

has the same extent as the enactment or provision to which it relates.

(3) This section comes into force on the day on which this Act is passed.

(4) The other provisions of this Act come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint and different days may be appointed for different purposes.

(5) Regulations under subsection (4) may make consequential, transitional or saving provision.

(6) This Act may be cited as the Charities Act 2022.

Commencement Information

I17 S. 41 in force at Royal Assent, see s. 41(3)