Explanatory note

The Secretary of State has the power, under section 23 of the Charities Act 2011 (c. 25) (“the Act”), to amend Schedule 3 to the Act to confer exempt charity status on a particular charity, and to prescribe the principal regulator of an exempt charity under section 25 of the Act.

Regulation 2 confers exempt charity status on the British Council.

Regulation 3 prescribes the Secretary of State for Foreign, Commonwealth and Development Affairs as the principal regulator of the British Council.

Sections 54 to 57 of the Act, as applied by section 58 of the Act, regulate the disclosure of information by and to principal regulators. A “responsible person” who discloses information contrary to those rules may be found guilty of an offence. Regulation 4 specifies the definition of “responsible person” that applies in relation to the Secretary of State for Foreign, Commonwealth and Development Affairs as principal regulator of the British Council.

Regulation 5 provides that the transitory modifications in specified paragraphs of Schedule 9 to the Act do not apply to the British Council. This ensures that the regulatory regime for exempt charities under the Act applies to the British Council.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.