The Charitable Incorporated Organisations (General) Regulations 2012

Provision for entrenchment

This section has no associated Explanatory Memorandum

15.—(1) A CIO’s constitution may contain provision (“provision for entrenchment”) to the effect that specified provisions of the constitution may be amended or repealed by resolution of its members only if specified conditions are met, or specified procedures are complied with, that are more restrictive than those applied by section 224(2) of the 2011 Act (amendment of constitution by resolution of members).

(2) Provision for entrenchment may only be made—

(a)in the constitution proposed in the application for registration; or

(b)by an amendment of the constitution agreed to by all of the members of the CIO.

(3) Provision for entrenchment does not prevent amendment of the CIO’s constitution—

(a)by agreement of all of the members of the CIO; or

(b)by order of the court or by the Commission.

(4) Nothing in this regulation affects—

(a)any power of a court or the Commission to alter a CIO’s constitution; or

(b)the operation of sections 225 to 227 of the 2011 Act (amendment of constitution, Commission’s consent and coming into effect of amendments).