The Charities Act 2011 (Commencement No. 3) Order 2017

Statutory Instruments

2017 No. 1230 (C. 116)

Charities, England And Wales

The Charities Act 2011 (Commencement No. 3) Order 2017

Made

7th December 2017

The Secretary of State makes the following Order in exercise of the powers conferred by paragraph 29 of Schedule 9 to the Charities Act 2011(1):

Citation

1.  This Order may be cited as the Charities Act 2011 (Commencement No. 3) Order 2017.

Commencement

2.  The day appointed as the relevant commencement date for the purposes of paragraph 26(2) of Schedule 9 to the Charities Act 2011 (transitory modifications relating to CIOs), as it relates to sections 228 to 234 in Part 11 of that Act (conversion of certain bodies to CIOs), is 1st January 2018.

Tracey Crouch

Parliamentary Under Secretary of State

Department for Digital, Media, Culture and Sport

7th December 2017

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions in the Charities Act 2011 which enable existing corporate bodies to convert to become charitable incorporated organisations (“CIOs”). These correspond to provisions in the Charities Act 1993 (as amended by the Charities Act 2006), which were consolidated in the 2011 Act. The 2011 Act generally came into force on 14 March 2012. As the 1993 Act provisions had not been commenced (except for the purpose of enabling subordinate legislation to be made), the corresponding provisions in the 2011 Act were subject to transitory modifications, so that until the relevant commencement date they were to be treated as if they were omitted from the 2011 Act. This Order appoints 1st January 2018 as “the relevant commencement date” for the purposes of these remaining provisions.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Charities Act 2011 have been brought into force by a commencement order made before the date of this Order:

Provision	Date of Commencement	S.I. No.
Paragraph 7 of Schedule 9 (partially)	1.9.2013	S.I. 2013/1775
Paragraph 10 of Schedule 9 (partially)	1.9.2013	S.I. 2013/1775
Paragraph 11 of Schedule 9 (partially)	1.9.2013	S.I. 2013/1775
Paragraph 13 of Schedule 9 (partially)	1.9.2013	S.I. 2013/1775
Paragraph 15 of Schedule 9 (partially)	1.9.2013	S.I. 2013/1775
Paragraph 16 of Schedule 9 (partially)	1.9.2013	S.I. 2013/1775
Paragraph 17 of Schedule 9 (partially)	1.9.2013	S.I. 2013/1775
Paragraph 18 of Schedule 9 (partially)	1.9.2013	S.I. 2013/1775
Paragraph 20 of Schedule 9 (partially)	1.9.2013	S.I. 2013/1775
Paragraph 21 of Schedule 9 (partially)	1.9.2013	S.I. 2013/1775
Paragraph 22 of Schedule 9 (partially)	1.9.2013	S.I. 2013/1775
Paragraph 25 of Schedule 9 (partially)	1.9.2013	S.I. 2013/1775
Paragraph 26(2) of Schedule 9 (partially)	2.1.2013	S.I. 2012/3011

(1)

2011 c. 25; the power to make an Order under paragraph 29 of Schedule 9 to this Act (otherwise than in relation to paragraph 23 of Schedule 9) is exercisable by the Secretary of State by virtue of paragraph 25(2)(qq) of Schedule 2 to S.I. 2016/997.