The Charities (Exception from Registration) Regulations 2010

S.I. 2010/502 · Made 27 February 2010 · Extends to England and Wales

Charities, England And Wales

Made 27th February 2010

Laid before Parliament 8th March 2010

Coming into force 1st June 2010

The Minister for the Cabinet Office makes the following Regulations in exercise of the powers conferred by sections 3A(2)(c), 86 and 97(1)^f1 of the Charities Act 1993^f2:

Annotations to the whole text

Footnotes

f1: See the definition of “Minister” in section 97(1).
f2: 1993 c. 10. Section 3A was inserted by the Charities Act 2006 (c.50), section 9. Section 86 was amended by the Charities Act 2006, Schedule 8, paragraph 165, and S.I. 2006/2951, Schedule, paragraph 4(y). Section 97 was amended by the Charities Act 2006, Schedule 8, paragraph 174.

1Citation, commencement and interpretation
2Exception from registration for particular institutions ceasing to be exempt charities
3Exception from registration for institutions of a particular description ceasing to be exempt charities
4Regulation 4
Signature
Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Charities (Exception from Registration) Regulations 2010 and come into force on 1st June 2010.

(2)

In these Regulations, “the 1993 Act” means the Charities Act 1993.

2Exception from registration for particular institutions ceasing to be exempt charitiesI1

(1)

Subject to F1regulation 4 and to the financial limit specified in section 3A(2)(c) of the 1993 Act, the institutions specified in paragraph (2) are, in so far as they are charities, excepted from the duty to be registered under section 3A(1) of that Act.

(2)

The specified institutions are—

(a)

the Church Commissioners;

(b)

the representative body of the Welsh church or property administered by it;

(c)

Eton College;

(d)

Winchester College; and

(e)

the Board of Governors of the Museum of London.

3Exception from registration for institutions of a particular description ceasing to be exempt charitiesI1

(1)

Subject to F1regulation 4 and to the financial limit specified in section 3A(2)(c) of the 1993 Act, any institution to which paragraph (2) applies is, in so far as it is a charity, excepted from the duty to be registered under section 3A(1) of that Act.

(2)

This paragraph applies to any institution which—

(a)

is a college in the university of Oxford;

(b)

is a college or hall in the university of Cambridge or Durham;

(c)

was an exempt charity by virtue of an Order in Council made under paragraph (c) of Schedule 2 to the 1993 Act but ceased to be so when that Order was amended or revoked by the Charities Act 2006 (Changes in Exempt Charities) Order 2010^f1;

(d)

is a Welsh higher education corporation;

(e)

is a successor company to a higher education corporation (within the meaning of subsection (5) of section 129 of the Education Reform Act 1988^f2) at a time when the institution conducted by the company is eligible, by virtue of an order made under that section, to receive support from funds administered by F2the Commission for Tertiary Education and Research;

(f)

is a students’ union falling within paragraph (3);

(g)

is administered by the Church Commissioners; or

(h)

is an institution falling within paragraph (4).

(3)

A students’ union falls within this paragraph if it—

(a)

is administered by or on behalf of an institution—

(i)

included in any of paragraphs (a) to (v) of Schedule 2 to the 1993 Act^f3; or

(ii)

to which sub-paragraph (a), (b), (c), (d) or (e) of paragraph (2) above applies; and

(b)

is established for the general purposes of, or for any special purpose of or in connection with, that institution.

(4)

An institution falls within this paragraph if it is—

(a)

administered by or on behalf of an institution—

(i)

which is specified in regulation 2(2)(b), (c) or (d); or

(ii)

to which sub-paragraph (a), (b), (c), (d) or (e) of paragraph (2) above applies; and

(b)

established for the general purposes of, or for any special purpose of or in connection with, that institution.

(5)

For the purposes of this regulation a higher education corporation is a “Welsh higher education corporation” if the activities of the institution conducted by that corporation are carried on, or principally carried on, in Wales.

4F1

These Regulations do not apply to a charity which is constituted as a charitable incorporated organisation.

Signature

Angela E. Smith

Minister of State

Cabinet Office

27th February 2010

Explanatory note

(This note is not part of the Regulations)

Section 3A(1) of the Charities Act 1993 (“the 1993 Act”) imposes a general requirement that every charity in England and Wales must be registered in the register of charities which is maintained by the Charity Commission.

Section 3A(4)(b) of the 1993 Act requires the Minister for the Cabinet Office to make regulations to ensure that certain charities are, subject to the financial limit in section 3A(2)(c) of that Act, excepted from this requirement. This duty extends to charities which cease to be exempt charities by virtue of section 11 of the Charities Act 2006 or an order made under that section (section 3(5)(b) of the 1993 Act).

These Regulations are made in accordance with that duty. They ensure that the institutions which, in so far as they are charities, cease to be exempt charities:

(a)

on the commencement of section 11 of the Charities Act 2006 for the purposes specified in article 2 of the Charities Act 2006 (Commencement No. 7, Transitional and Transitory Provisions and Savings) Order 2010 (S.I. 2010/503 (C.36)); or

(b)

on the coming into force, on that date, of the Charities Act 2006 (Changes in Exempt Charities) Order 2010 (S.I. 2010/500),

are excepted, subject to the financial limit mentioned above, from the duty to register with the Charity Commission.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.