The Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010 and come into force immediately after section 11(3) of the Charities Act 2006 comes into force.

(2) In these Regulations—

“Culture Secretary” means the Secretary of State for Culture, Media and Sport;

“Environment Secretary” means the Secretary of State for Environment, Food and Rural Affairs;

“HEFCE” means the Higher Education Funding Council for England.

Appointment of principal regulators of exempt charities: higher education institutions, Kew institutions and museum and gallery institutions

2.—(1) HEFCE is prescribed as the principal regulator of any exempt charity—

(a) which is included in paragraph (a), (b), (c), (h) or (i) of Schedule 2 to the 1993 Act; or

(b) which—

(i) is administered by or on behalf of an institution included in any of those paragraphs; and

(ii) falls within paragraph (w) of that Schedule.

(2) The Environment Secretary is prescribed as the principal regulator of any exempt charity—

(a) which is included in paragraph (n) of Schedule 2 to the 1993 Act; or

(b) which—

(i) is administered by or on behalf of the institution included in that paragraph; and

(ii) falls within paragraph (w) of that Schedule.

(3) The Culture Secretary is prescribed as the principal regulator of any exempt charity—

(a) which is included in paragraph (k), (l), (m), (o), (p), (q), (r), (s), (t), (u) or (v) of Schedule 2 to the 1993 Act;

(b) which—

(i) is administered by or on behalf of an institution included in any of those paragraphs; and

(ii) falls within paragraph (w) of that Schedule; or

(c) which is included in paragraph (za) of that Schedule.

Transitional provision

3.—(1) Until such time as section 11(9) of the Charities Act 2006 is brought into force for the purposes of inserting paragraphs (a) and (b) of Note 1 at the end of Schedule 2 to the 1993 Act(1), regulation 2 has effect subject to the following modifications.

(2) The references in regulation 2(1) to an exempt charity or institution which is included in paragraph (a) of Schedule 2 to the 1993 Act are to be treated as references to an exempt charity or institution (as the case may be) which—

(a) is included in that paragraph of that Schedule; but

(b) is not—

(i) an Investment Fund or Deposit Fund within the meaning of the Church Funds Investment Measure 1958(2); or

(ii) an investment fund or deposit fund within the meaning of the Methodist Church Funds Act 1960(3).

Definition of “responsible person”

4.—(1) The definition of “responsible person” to be substituted, in accordance with section 10B(4) of the 1993 Act, for the definition in section 10A(7) of that Act is specified—

(a) in relation to HEFCE, in paragraph (2);

(b) in relation to the Environment Secretary, in paragraph (3);

(c) in relation to the Culture Secretary, in paragraph (4).

(2) “Responsible person” means a person who is or was—

(a) a member of HEFCE;

(b) a member of the staff of HEFCE;

(c) a person acting on behalf of HEFCE or a member of the staff of HEFCE; or

(d) a member of a committee established by HEFCE.

(3) “Responsible person” means a person who is or was—

(a) the Environment Secretary;

(b) acting on behalf of the Environment Secretary; or

(c) a member of a committee established by the Environment Secretary.

(4) “Responsible person” means a person who is or was—

(a) the Culture Secretary;

(b) acting on behalf of the Culture Secretary; or

(c) a member of a committee established by the Culture Secretary.

Amendments

5.  The Schedule (which contains amendments to disclosure provisions (within the meaning of section 10B of the 1993 Act) and other consequential amendments) has effect.

Angela E. Smith

Minister of State

Cabinet Office

27th February 2010