2011 No. 1725
The Charities Act 2006 (Changes in Exempt Charities) Order 2011
Made
Coming into force in accordance with article 1
This Order is made in exercise of the powers conferred by sections 11(11) and (13) and 74(2) of the Charities Act 20061.
In so far as this Order makes provision to secure that, in so far as they are charities, institutions of a particular description become exempt charities, the Minister for the Cabinet Office is satisfied, in accordance with section 11(12) of that Act, that this Order is desirable in the interests of ensuring appropriate or effective regulation of those charities in connection with compliance by their charity trustees with their legal obligations in exercising control and management of the administration of those institutions.
A draft of this Order has been laid before Parliament in accordance with section 74(5) of that Act and approved by a resolution of each House of Parliament.
Accordingly, the Minister for the Cabinet Office makes the following Order.
Citation and commencement1
1
This Order may be cited as the Charities Act 2006 (Changes in Exempt Charities) Order 2011.
2
This Order comes into force on 1st August 2011.
Changes in exempt charities2
1
Schedule 2 to the Charities Act 19932 (exempt charities) is amended as follows.
2
After paragraph (ca) insert—
3
In paragraph (w) for “above” substitute “in any of paragraphs (a) to (ca), (cd) or (h) to (v) above”.
4
After paragraph (w) insert—
wa
any institution which—
i
is administered by or on behalf of a body included in paragraph (cb) or (cc) above, and
ii
is established for the general purposes of, or for any special purpose of or in connection with, that body or any foundation, voluntary or foundation special school or schools.
Consequential amendments3
The Schedule (which contains consequential amendments) has effect.
SCHEDULECONSEQUENTIAL AMENDMENTS
PART 1PRIMARY LEGISLATION
Further and Higher Education Act 19921
In section 33M of the Further and Higher Education Act 19925, at the end insert “(and, as a result of its inclusion in Schedule 2 to the Charities Act 1993, is an exempt charity for the purposes of that Act)”.
Charities Act 19932
In section 3A(5)(a) of the Charities Act 19936, after “3(5B)(a)” insert “(ii)”.
School Standards and Framework Act 19983
In section 23 of the School Standards and Framework Act 19987—
a
in subsection (1A) for the words from “is an institution” to the end substitute “is, as a result of its inclusion in Schedule 2 to the Charities Act 1993, an exempt charity for the purposes of that Act.”; and
b
omit subsection (2).
Charities Act 20064
In paragraph 194 of Schedule 8 to the Charities Act 20068, omit sub-paragraph (4).
PART 2SECONDARY LEGISLATION
School Governance (Federations) (England) Regulations 20075
In regulation 33 of the School Governance (Federations) (England) Regulations 20079—
a
in paragraph (1) omit the words “which is an exempt charity for the purposes of the Charities Act 1993”; and
b
omit paragraphs (2) and (3).
The Charities Act 2006 (Commencement No. 5, Transitional and Transitory Provisions and Savings) Order 20086
1
The Charities Act 2006 (Commencement No. 5, Transitional and Transitory Provisions and Savings) Order 200810 is amended as follows.
2
In article 1(2) for paragraph (b) of the definition of “formerly specified educational institution” substitute—
b
an institution to which subsection (2) of that section of that Act would have applied had it not been repealed by the Charities Act 2006 (Changes in Exempt Charities) Order 2011;
3
In the following provisions, for “1st September 2011” substitute “1st August 2011”—
a
article 1 in both places it appears,
b
article 11 in both places it appears, and
c
article 19(1).
4
In article 6 omit paragraph (2).
5
In article 13 for paragraph (3) substitute—
6
For article 16(3) substitute—
3
In this article “qualifying request” means a request made under section 47(2) of the 1993 Act13 for the most recent accounts of a relevant educational charity at any time before—
a
in the case of an Education Action Forum, the charity trustees of that charity have prepared—
i
a statement of accounts under section 42(1) of that Act14; or
ii
an account and statement under section 42(3) of that Act15,
in respect of the standard financial year;
b
in the case of a formerly specified educational institution, the charity trustees of that charity have prepared a statement of account in respect of the standard financial year (whether under section 46 of that Act or otherwise).
7
In article 19 omit paragraphs (2) and (3).
8
In article 21(2), for “the transitional period end date a relevant educational charity” substitute “the exempt charity appointed day an Education Action Forum”.
9
For article 22(1) substitute—
1
For the purposes of section 24 of the 1993 Act16 (including the purposes of that section as applied by section 25 of that Act17), a relevant educational charity is to be treated—
a
in the case of a formerly specified institution, as having been an exempt charity during the period starting on 31st January 2009 and ending immediately before the tranche 2 exempt status day;
b
in the case of an Education Action Forum, before the appointed day, as if it were an exempt charity.
10
In article 23 for “relevant educational charity” substitute “Education Action Forum”.
11
In article 24—
a
in paragraph (1)(b) omit “or (3)”; and
b
omit paragraph (3).
12
For article 25 substitute—
25
For the purposes of section 37(10) of the 1993 Act—
a
an Education Action Forum is to be treated as ceasing to be an exempt charity on the exempt charity appointed day;
b
a formerly specified educational institution is to be treated—
i
until the tranche 2 exempt status day as if it were an exempt charity; and
ii
on or after that day as if it had never ceased to be such a charity.
13
In article 26—
a
in paragraph (1)(b) omit “or (3)”; and
b
omit paragraph (3).
14
In article 27(2)(a) for “relevant educational charity” substitute “Education Action Forum”.
The Charities Act 1993 (Exception from Registration) Regulations 20087
In regulation 2(2) of the Charities (Exception from Registration) Regulations 200818 omit sub-paragraphs (a) and (c).
The Federation of Maintained Schools and Miscellaneous Amendments (Wales) Regulations 20108
In regulation 46 of the Federation of Maintained Schools and Miscellaneous Amendments (Wales) Regulations 201019—
a
in paragraph (1) omit the words “which is an exempt charity for the purposes of the Charities Act 1993”; and
b
omit paragraphs (2) and (3).
(This note is not part of the Order)