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The Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012

S.I. 2012/3013 · Made 5 December 2012 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 13 August 2020.

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

  1. Part 1: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation: general
  4. Part 2: APPLICATION OF THE INSOLVENCY ACT 1986
  5. 3Application of the Insolvency Act 1986 to CIOs: general
  6. 3AApplication of the Insolvency Act 1986 to CIOs in housing administration
  7. Part 3: DISSOLUTION OTHERWISE THAN UNDER THE INSOLVENCY ACT 1986
  8. 4Dissolution by Commission on application of CIO
  9. 5Application for dissolution
  10. 6Dissolution resolution
  11. 7Notice to be given before dissolution
  12. 8Application not to be made if CIO procedures not completed
  13. 9Application not to be made if other procedures not completed
  14. 10Restrictions following application for dissolution
  15. 11Property received after making application for dissolution
  16. 12Trustees to give notice of application for dissolution
  17. 13Notice of application for dissolution: how to be given
  18. 14Circumstances in which application must be withdrawn
  19. 15Offences under the Companies Acts
  20. 16Dissolution of CIO which is not in operation
  21. 17Dissolution of CIO which is no longer a charity
  22. 18Dissolution of CIO which is being wound up
  23. 19Procedure for dissolution: delivery of letters and notices
  24. 20Date of dissolution
  25. 21Notice to be given of dissolution
  26. 22Liabilities and powers unaffected by dissolution
  27. Part 4: APPLICATION OF PROPERTY ON DISSOLUTION UNDER PART 3
  28. 23Vesting of property to official custodian on dissolution
  29. 24Disposal of property vested in official custodian
  30. 25Power of Commission to specify charitable purposes etc.
  31. 26Power of Commission to make vesting order
  32. 27Disclaimer of property by official custodian
  33. 28Effect of a disclaimer by official custodian
  34. 29Disclaimer of leaseholds
  35. 30Power of court to make vesting order
  36. 31Protection of persons holding under a lease
  37. 32Land subject to rentcharge
  38. Part 5: RESTORATION OF A CIO TO THE REGISTER
  39. 33Restoration by Commission
  40. 34Restoration by the court
  41. 35Time limit for applying to court
  42. 36Court order with directions
  43. 37CIO's name on restoration
  44. 38Notification of restoration to the register
  45. 39Effect of restoration
  46. 40Property to vest in restored CIO
  47. 41Accounts, reports and returns of restored CIO
  48. Signature
  49. Schedule 1: APPLICATION OF THE INSOLVENCY ACT 1986 TO CIOS
  50. 1Application to CIOs of the 1986 Act
  51. 2Application to CIOs of subordinate legislation made under the 1986 Act
  52. Schedule 2: Housing Administration
  53. Part 1: Application of Schedule B1 to CIOs during housing administration
  54. 1Introductory
  55. 2Introductory
  56. 3General modifications of the applicable provisions
  57. 4Specific Modifications
  58. 5Specific Modifications
  59. 6Specific Modifications
  60. 7Specific Modifications
  61. 8Specific Modifications
  62. 9Specific Modifications
  63. 10Specific Modifications
  64. 11Specific Modifications
  65. 12Specific Modifications
  66. 13Specific Modifications
  67. 14Specific Modifications
  68. 15Specific Modifications
  69. 16Specific Modifications
  70. 17Specific Modifications
  71. 18Specific Modifications
  72. 19Specific Modifications
  73. 20Specific Modifications
  74. 21Specific Modifications
  75. 22Specific Modifications
  76. 23Specific Modifications
  77. 24Specific Modifications
  78. 25Specific Modifications
  79. 26Specific Modifications
  80. 27Specific Modifications
  81. 28Specific Modifications
  82. 29Specific Modifications
  83. 30Specific Modifications
  84. 31Specific Modifications
  85. 32Specific Modifications
  86. 33Specific Modifications
  87. Part 2: Other Modifications
  88. 34General modifications
  89. 35Modifications of the Insolvency Act 1986
  90. 36Modifications of the Insolvency Act 1986
  91. 37Modifications of the Insolvency Act 1986
  92. 38Modifications of the Insolvency Act 1986
  93. Explanatory note