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The Charities Act 2011 (Commencement No. 1) Order 2012

S.I. 2012/3011 · Made 5 December 2012

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Charities, England And Wales

Made 5th December 2012

The Minister for the Cabinet Office makes the following Order in exercise of the powers conferred by paragraph 29 of Schedule 9 to the Charities Act 2011f1:

Annotations to the whole text

Footnotes

f1

2011 c.25. For the definition of “the Minister” see section 353.

Contents

  1. 1Citation and interpretation
  2. 2Commencement
  3. Signature
  4. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Charities Act 2011 (Commencement No. 1) Order 2012.

(2)

In this Order “the Act” means the Charities Act 2011.

2Commencement

(1)

Subject to paragraph (2), the day appointed as the relevant commencement date for the purposes of paragraph 26(2) of Schedule 9 to the Act (transitory modifications relating to CIOs) is 2nd January 2013.

(2)

Paragraph (1) does not apply in relation to sections 228 to 234 in Part 11 of the Act (conversion of certain bodies to CIO).

Signature

Nick Hurd

Parliamentary Secretary

Cabinet Office

5th December 2012

Explanatory note

(This note is not part of the Order)

This Order brings into force certain provisions in the Charities Act 2011 relating to 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, which 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. All of the provisions relating to CIOs are now commenced by this Order, with the exception of those enabling an existing corporate body to convert to become a CIO.

See also the Charitable Incorporated Organisations (General) Regulations 2012 (S.I. 2012/3012), the Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012 (S.I. 2012/3013) and the Charitable Incorporated Organisations (Consequential Amendments) Order 2012 (S.I. 2012/3014).