SCHEDULE 2TRANSITIONAL AND TRANSITORY PROVISIONS AND SAVINGS

PART 2JURISDICTION OF THE CHARITY COMMISSION AND THE COURT

Inquiries under section 8 of the 1993 Act in relation to relevant charities5

1

Subject to sub-paragraphs (2) and (3), the Commission must not instigate any inquiry under section 8 of the 1993 Act (“section 8 inquiry”) on or after the appointed day—

a

in relation to one or more relevant charities and in respect of any period beginning before that day; or

b

which covers any period beginning before the appointed day and would extend to one or more relevant charities.

2

The Commission may, if it considers it appropriate to do so, instigate a section 8 inquiry on or after the appointed day into a section 11 charity in respect of a relevant matter which it becomes aware of on or after the appointed day.

3

The Commission may, if it considers it appropriate to do so, instigate a section 8 inquiry on or after the appointed day into a specified exempt charity in respect of a relevant matter if—

a

subject to sub-paragraph (4), a request is made by the principal regulator of the charity under this sub-paragraph; and

b

the Commission was not aware before the appointed day of the matter to which the request relates.

4

A principal regulator may only make a request under sub-paragraph (3) in respect of a relevant matter which it becomes aware of on or after the appointed day.

5

For the purpose of this paragraph “relevant matter” means a matter arising in relation to a charity—

a

before the appointed day; but

b

during the current financial year of that charity.