Explanatory note

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 (regulations 2 to 5). 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. The Secretary of State for Education is prescribed as the principal regulator of foundation, voluntary and foundation special schools in England, sixth form colleges and academies, and the Welsh Ministers are prescribed as the principal regulator of foundation, voluntary and foundation special schools in Wales.

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 regulations 2 to 5 (regulation 6).

Regulation 7 makes amendments to enable the Young People’s Learning Agency for England to assist the Secretary of State for Education as principal regulator of sixth form colleges and academies, and regulation 8 makes amendments to disclosure provisions (within the meaning of section 10B of the 1993 Act).

A full impact assessment of the effect that these regulations will have on each group of exempt charities that is affected is available at [xxxxx] and is published with the Explanatory Memorandum alongside these regulations on www.legislation.gov.uk.