The Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012
S.I. 2012/3013 · Made 5 December 2012 · Extends to England and Wales
Charities, England And Wales
Made 5th December 2012
Coming into force in accordance with regulation 1
The Minister for the Cabinet Office makes the following Regulations in exercise of the powers conferred by sections 245 and 347(3) of the Charities Act 2011 M1.
In accordance with section 348(4) of that Act the Minister has consulted such persons and bodies of persons as the Minister considers appropriate.
A draft of these Regulations has been approved by a resolution of each House of Parliament pursuant to section 348(2) of that Act.
Annotations to the whole text
Marginal citations
- M1
2011 c.25. Regulations under sections 223 and 245 are to be made by the Minister (section 247). For the definition of “the Minister” see section 353.
Contents
- Part 1: GENERAL
- 1Citation and commencement
- 2Interpretation: general
- Part 2: APPLICATION OF THE INSOLVENCY ACT 1986
- 3Application of the Insolvency Act 1986 to CIOs: general
- 3AApplication of the Insolvency Act 1986 to CIOs in housing administration
- Part 3: DISSOLUTION OTHERWISE THAN UNDER THE INSOLVENCY ACT 1986
- 4Dissolution by Commission on application of CIO
- 5Application for dissolution
- 6Dissolution resolution
- 7Notice to be given before dissolution
- 8Application not to be made if CIO procedures not completed
- 9Application not to be made if other procedures not completed
- 10Restrictions following application for dissolution
- 11Property received after making application for dissolution
- 12Trustees to give notice of application for dissolution
- 13Notice of application for dissolution: how to be given
- 14Circumstances in which application must be withdrawn
- 15Offences under the Companies Acts
- 16Dissolution of CIO which is not in operation
- 17Dissolution of CIO which is no longer a charity
- 18Dissolution of CIO which is being wound up
- 19Procedure for dissolution: delivery of letters and notices
- 20Date of dissolution
- 21Notice to be given of dissolution
- 22Liabilities and powers unaffected by dissolution
- Part 4: APPLICATION OF PROPERTY ON DISSOLUTION UNDER PART 3
- 23Vesting of property to official custodian on dissolution
- 24Disposal of property vested in official custodian
- 25Power of Commission to specify charitable purposes etc.
- 26Power of Commission to make vesting order
- 27Disclaimer of property by official custodian
- 28Effect of a disclaimer by official custodian
- 29Disclaimer of leaseholds
- 30Power of court to make vesting order
- 31Protection of persons holding under a lease
- 32Land subject to rentcharge
- Part 5: RESTORATION OF A CIO TO THE REGISTER
- 33Restoration by Commission
- 34Restoration by the court
- 35Time limit for applying to court
- 36Court order with directions
- 37CIO's name on restoration
- 38Notification of restoration to the register
- 39Effect of restoration
- 40Property to vest in restored CIO
- 41Accounts, reports and returns of restored CIO
- Signature
- Schedule 1: APPLICATION OF THE INSOLVENCY ACT 1986 TO CIOS
- 1Application to CIOs of the 1986 Act
- 2Application to CIOs of subordinate legislation made under the 1986 Act
- Schedule 2: Housing Administration
- Part 1: Application of Schedule B1 to CIOs during housing administration
- 1Introductory
- 2Introductory
- 3General modifications of the applicable provisions
- 4Specific Modifications
- 5Specific Modifications
- 6Specific Modifications
- 7Specific Modifications
- 8Specific Modifications
- 9Specific Modifications
- 10Specific Modifications
- 11Specific Modifications
- 12Specific Modifications
- 13Specific Modifications
- 14Specific Modifications
- 15Specific Modifications
- 16Specific Modifications
- 17Specific Modifications
- 18Specific Modifications
- 19Specific Modifications
- 20Specific Modifications
- 21Specific Modifications
- 22Specific Modifications
- 23Specific Modifications
- 24Specific Modifications
- 25Specific Modifications
- 26Specific Modifications
- 27Specific Modifications
- 28Specific Modifications
- 29Specific Modifications
- 30Specific Modifications
- 31Specific Modifications
- 32Specific Modifications
- 33Specific Modifications
- Part 2: Other Modifications
- 34General modifications
- 35Modifications of the Insolvency Act 1986
- 36Modifications of the Insolvency Act 1986
- 37Modifications of the Insolvency Act 1986
- 38Modifications of the Insolvency Act 1986
- Explanatory note