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Statutory Instruments

2013 No. 1764

Charities, England And Wales

The Charities Act 2011 (Principal Regulators of Exempt Charities) Regulations 2013

Made

15th July 2013

Laid before Parliament

17th July 2013

Coming into force

1st September 2013

The Minister for the Cabinet Office makes the following Regulations in exercise of the powers conferred by sections 25, 58(4) and 347(3) of the Charities Act 2011(1).

Citation and commencementI1

1. These Regulations may be cited as the Charities Act 2011 (Principal Regulators of Exempt Charities) Regulations 2013 and come into force on 1st September 2013.

InterpretationI2

2. In these Regulations—

“further education corporation” has the same meaning as in the Further and Higher Education Act 1992 ( 2 ).

Appointment of principal regulator: exempt charities in further education sector in Englandcross-notesI3

3. The [F1Secretary of State for EducationF1] is prescribed as the principal regulator of any exempt charity which is—

(a)a further education corporation in England;

(b)an institution which is—

(i)administered by or on behalf of a further education corporation in England, and

(ii)established for the general purposes of, or for any special purpose of or in connection with, that further education corporation.

Appointment of principal regulator: exempt charities in further education sector in WalesI4

4. The Welsh Ministers are prescribed as the principal regulator of—

(a) the governing body of Saint David’s Catholic College (“the College”)( 3 );

(b)any institution which is—

(i)administered by or on behalf of that governing body, and

(ii)established for the general purposes of, or any special purpose of or in connection with, the governing body or the College;

(c)any exempt charity which is—

(i)a further education corporation in Wales;

(ii)an institution which is—

(aa)administered by or on behalf of a further education corporation in Wales, and

(bb)established for the general purposes of, or for any special purpose of or in connection with, that further education corporation.

Definition of “responsible person”I5

5. —(1) In its application to the [F2 Secretary of State for Education F2] as principal regulator of an exempt charity by virtue of these Regulations, section 57 of the Charities Act 2011 has effect as if, for the definition of “responsible person” in subsection (8), there were substituted—

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

(a)

the Secretary of State for Business, Innovation and Skills;

(b)

acting on behalf of the Secretary of State for Business, Innovation and Skills; or

(c)

a member of a committee established by the Secretary of State for Business, Innovation and Skills.”.

(2) In its application to the Welsh Ministers as principal regulator of an exempt charity by virtue of these Regulations, section 57 of the Charities Act 2011 has effect as if, for the definition of “responsible person” in subsection (8), there were substituted—

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

(a)

a Welsh Minister;

(b)

acting on behalf of the Welsh Ministers; or

(c)

a member of a committee established by the Welsh Ministers.”.

Nick Hurd

Parliamentary Secretary

Cabinet Office

15th July 2013

(1)

2011 c.25. For the definition of “the Minister” see section 353(1).

(2)

1992 c.13. For the definition of “further education corporation” see section 17. For the status of further education corporations as exempt charities see section 22A, which was inserted by the Teaching and Higher Education Act 1998 (c.30), section 41(2), and substituted by the Charities Act 2011, Schedule 7, paragraph 58.

(3)

Saint David’s Catholic College is designated under section 28 of the Further and Higher Education Act 1992 (c.13). The governing body of the College was incorporated and exempt charity status was conferred on it by S.I. 2005/2293 (W. 171).

Status: There are currently no known outstanding effects for The Charities Act 2011 (Principal Regulators of Exempt Charities) Regulations 2013.
The Charities Act 2011 (Principal Regulators of Exempt Charities) Regulations 2013 (2013/1764)
Version from: 9 November 2016

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (for detail about the purposes see/hover footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
italics Defined term
dfn Defined term (alternative style)
gry bckgrd the in-force status of the provision is complex, check the footnotes
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
C1 Reg. 3 function transferred (9.11.2016) by The Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016 (S.I. 2016/992), arts. 1(2), 10 (with art. 13)
F1 Words in reg. 3 substituted (9.11.2016) by The Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016 (S.I. 2016/992), art. 1(2), Sch. para. 48(a) (with art. 13) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F2 Words in reg. 5(1) substituted (9.11.2016) by The Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016 (S.I. 2016/992), art. 1(2), Sch. para. 48(b) (with art. 13) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
I1 Reg. 1 in force at 1.9.2013, see reg. 1
I2 Reg. 2 in force at 1.9.2013, see reg. 1
I3 Reg. 3 in force at 1.9.2013, see reg. 1
I4 Reg. 4 in force at 1.9.2013, see reg. 1
I5 Reg. 5 in force at 1.9.2013, see reg. 1
Defined Term Section/Article ID Scope of Application
further education corporation reg. 2. def_c69546eb54
the College reg. 4. def_689a0b0390

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