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 commencement
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.
Interpretation
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 England
3. The Secretary of State for Business, Innovation and Skills 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 Wales
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”
5. —(1) In its application to the Secretary of State for Business, Innovation and Skills 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—
the Secretary of State for Business, Innovation and Skills;
acting on behalf of the Secretary of State for Business, Innovation and Skills; or
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 Welsh Minister;
acting on behalf of the Welsh Ministers; or
a member of a committee established by the Welsh Ministers. ” .
Nick Hurd
Parliamentary Secretary
Cabinet Office
15th July 2013
2011 c.25 . For the definition of “the Minister” see section 353(1).
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.
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) .