Explanatory note

These Regulations bring the remaining provisions of the Charities (Protection and Social Investment) Act 2016 (c. 4) (“the 2016 Act”) into force.

The commencement of those provisions is staggered, with section 9 (which makes provision in respect of the automatic disqualification of a charity’s trustees in certain circumstances) being brought into force partially on 1st February 2018. Its partial commencement permits a person to apply to the Charity Commission for a waiver of disqualification under section 181(2) of the Charities Act 2011, such that the coming into force of section 9 for all remaining purposes on 1st August 2018 does not automatically lead to the disqualification of a person who, but for the application for a waiver, would have been automatically disqualified.

The commencement of the remaining provisions of the 2016 Act is consequential on the coming into force of section 9 and relates to the keeping of records in respect of the disqualification and removal of the trustees of charities and the consequences of participating in corporate decisions whilst disqualified.

The effect of the transitional provision is to protect a person who has applied for a waiver from automatic disqualification pending the final determination of that application notwithstanding the coming into force of the remaining provisions of the 2016 Act.

An updated enactment stage Impact Assessment has been prepared for the 2016 Act and is published on www.gov.uk.