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Statutory Instruments

2011 No. 1727

Charities, England And Wales

The Charities Act 2006 (Principal Regulators of Exempt Charities) (No. 2) Regulations 2011

Made

14th July 2011

Laid before Parliament

19th July 2011

Coming into force

1st August 2011

The Minister for the Cabinet Office makes the following Regulations in exercise of the powers conferred by section 10B(4) of the Charities Act 1993( 1 ) and sections 13(4)(b) and 74(2) of the Charities Act 2006( 2 ):

Citation and interpretation

1. —(1) These Regulations may be cited as the Charities Act 2006 (Principal Regulators of Exempt Charities) (No. 2) Regulations 2011.

(2) In these Regulations—

specified institution” means a qualifying Academy proprietor (within the meaning of section 12(2) of the Academies Act 2010( 3 )) or a sixth form college corporation (within the meaning of section 90(1) of the Further and Higher Education Act 1992( 4 )).

Commencement

2. These Regulations come into force on 1st August 2011.

Appointment of principal regulator of exempt charities connected to sixth form colleges and academies

3. The Secretary of State for Education is prescribed as the principal regulator of any exempt charity which is administered by or on behalf of a specified institution and is established for the general purposes of, or for any special purpose of or in connection with, that institution.

Definition of “responsible person”

4. In its application to the Secretary of State for Education as principal regulator of an exempt charity by virtue of these Regulations, section 10A of the Charities Act 1993 has effect as if, for the definition of “responsible person” in subsection (7), there were substituted—

“responsible person” means a person who is or was—

(a)

the Secretary of State for Education;

(b)

acting on behalf of the Secretary for State for Education, or

(c)

a member of a committee established by the Secretary of State for Education. .

Nick Hurd

Parliamentary Secretary

Cabinet Office

14th July 2011

( 1 )

1993 c.10 . For the definition of “the Minister” see section 97(1). The definition was inserted by the Charities Act 2006 (c.50) , Schedule 8, paragraphs 96 and 174. Sections 10, 10A, 10B and 10C of the 1993 Act were substituted for section 10 as originally enacted by the Charities Act 2006, Schedule 8, paragraph 104. Section 10B is in force in so far as it confers power to make regulations (Charities Act 2006, section 79(1)(g)) and for other specific purposes ( S.I. 2010/503 ).

( 2 )

2006 c.50 . For the definition of “relevant Minister” see section 74(7) and for “the Minister” see section 78(6).

( 3 )

2010 c.32 .

( 4 )

1992 c.13 . The definition was inserted by the Apprenticeships, Skills, Children and Learning Act 2009 (c.22) , Schedule 8, paragraphs 1 and 12.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Charities Act 2006 (Principal Regulators of Exempt Charities) (No. 2) Regulations 2011 (2011/1727)

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Defined TermSection/ArticleIDScope of Application
specified institutionreg. 1.specified__rteVJ6Q

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