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The Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010 in Scotland

S.I. 2010/501 · Made 27 February 2010 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 3 May 2023.

Charities, England And Wales

Made 27th February 2010

Coming into force in accordance with regulation 1

These Regulations are made in exercise of the powers conferred by sections 10B(4) and (5) and 97(1)f1 of the Charities Act 1993f2 and sections 13(4)(b) and (5), 74(2) and 78(6) of the Charities Act 2006f3.

A draft of these Regulations has been laid before Parliament in accordance with section 74(5) of the Charities Act 2006 and approved by resolution of each House of Parliament.

Accordingly, the Minister for the Cabinet Office makes the following Regulations:

Annotations to the whole text

Footnotes

f1

See the definition of “Minister” in section 97(1). The definition was inserted by the Charities Act 2006 (c.50), Schedule 8, paragraph 174.

f2

1993 c.10. Sections 10 to 10C of the 1993 Act were substituted for section 10 of that Act by the Charities Act 2006 (c.50), Schedule 8, paragraph 104. Section 10, as substituted, has been amended by S.I. 2008/948, Schedule 1, paragraph 192. Section 10B(5) of the 1993 Act was amended by S.I. 2006/2951, Schedule, paragraph 4(h) and by S.I. 2008/948, Schedule 1, paragraph 192. Schedule 2 to the 1993 Act was amended by the National Lottery Act 1993 (c.39), Schedule 5, paragraph 12; by the Education Act 1996 (c.56), Schedule 38; by the Education Act 1997 (c.44), Schedule 7, paragraph 7; by the Teaching and Higher Education Act 1998 (c.30), Schedule 4; by the School Standards and Framework Act 1998 (c.31), Schedule 31; by S.I. 2005/3239, Schedule 1, paragraph 4; by the National Lottery Act 2006 (c.23), Schedule 3; by the Charities Act 2006, section 11 and Schedule 8, paragraph 177 (not all of the amendments made by section 11 of the Charities Act 2006 are in force); by the Apprenticeships, Skills, Children and Learning Act 2009 (c.22), Schedule 12, paragraph 8 (the amendments made by the 2009 Act are not yet in force) and by the Charities Act 2006 (Changes in Exempt Charities) Order 2010 (S.I. 2010/500), article 2.

f3

2006 c.50.

Contents

  1. 4Definition of “responsible person”
  2. Signature
  3. Explanatory note

4Definition of “responsible person”I1

(1)

The definition of “responsible person” to be substituted, in accordance with section 10B(4) of the 1993 Act, for the definition in section 10A(7) of that Act is specified—

(a)

in relation to F1the OfS, in paragraph (2);

(b)

in relation to the Environment Secretary, in paragraph (3);

(c)

in relation to the Culture Secretary, in paragraph (4).

(2)

“Responsible person” means a person who is or was—

(a)

a member of the OfS;

(b)

a member of the staff of the OfS;

(c)

a person acting on behalf of the OfS or a member of the staff of the OfS; or

(d)

a member of a committee established by the OfS.

(3)

“Responsible person” means a person who is or was—

(a)

the Environment Secretary;

(b)

acting on behalf of the Environment Secretary; or

(c)

a member of a committee established by the Environment Secretary.

(4)

“Responsible person” means a person who is or was—

(a)

the Culture Secretary;

(b)

acting on behalf of the Culture Secretary; or

(c)

a member of a committee established by the Culture Secretary.

Signature

Angela E. Smith

Minister of State

Cabinet Office

27th February 2010

Explanatory note

(This note is not part of the Regulations)

These Regulations prescribe, in relation to certain exempt charities, the body or Minister of the Crown which is to act as the principal regulator of those charities (regulation 2). Exempt charities are those charities comprised in Schedule 2 to the Charities Act 1993 (“the 1993 Act”). The principal regulator of an exempt charity must do all it or he reasonably can to meet the compliance objective specified in section 13 of the Charities Act 2006 in relation to that charity.

Sections 10 and 10A of the 1993 Act, as applied by section 10B of that Act, regulate the disclosure of information by and to principal regulators. Specific rules apply under these provisions to the disclosure of Revenue and Customs information. A “responsible person” who discloses information contrary to those rules may be found guilty of an offence. These Regulations specify the definition of “responsible person” that applies in relation to each of the principal regulators prescribed by regulation 2 (regulation 4).

Regulation 3 makes transitional provision. Regulation 5 and the Schedule make amendments to disclosure provisions (within the meaning of section 10B of the 1993 Act) and other consequential amendments.

A full regulatory impact assessment of the effect of changes proposed in relation to the regulation of exempt charities was produced alongside the Bill which became the Charities Act 2006. A copy of this regulatory impact assessment is available from the Office of the Third Sector’s website:

http://www.cabinetoffice.gov.uk/third_sector/law_and_regulation/charities_act_2006/background.aspx

or from Khaled Moyeed at the Office of the Third Sector, Admiralty Arch, Room 2.7, South Side, The Mall, London, SW1A 2WH (020 7276 6028 or [email protected]). It is also annexed to the Explanatory Memorandum which is available alongside the Order on the OPSI website (http://www.opsi.gov.uk).