Charities Act 2022 – First set of changes come into force banner


Charities Act 2022 – First set of changes come into force

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Earlier this year we produced a newsletter (which can be read here) which provided an overview of The Charities Act 2022, which received Royal Assent on 24 February 2022.

On 31 October 2022, the first set of changes being introduced by The Charities Act 2022 were implemented.

In summary the provisions of the Act that came into force on 31 October are:

  • Section 4: Power to amend Royal Charters
  • Section 5: Orders under section 73 of the Charities Act 2011
  • Sections 6: Cy-près powers
  • Section 7: Failed fundraising appeals
  • Section 8: Power of the court and the Commission to make schemes
  • Section 30: Remuneration of charity trustees etc providing goods or services to charity
  • Section 32: Trustee of charitable trust: status as trust corporation
  • Section 36: Costs incurred in relation to Tribunal proceedings etc
  • Part of Section 37: Public notice as regards Commission orders etc.
  • Part of Section 40 and Schedule 2: Minor and consequential amendments

Sections 15 and 16, which amend the law on ex gratia payments, have not come into force with the above provisions as expected. They have been postponed for now so that they can be considered further.

The Commission has published a press release on this and it can be found here

Further provisions of The Charities Act 2022 are expected to come into force in Spring 2023, with the final raft of provisions coming into force in Autumn 2023. We will publish updates as and when further provisions of the Charities Act 2022 come into force. We will also hold a seminar in Spring next year to provide an update on the new provisions.

If you have any queries arising from this article or wish to discuss a related matter, please email Gerry Morrison or Harriet Wheeldon in the Charities Team

This article is for general guidance only. It provides useful information in a concise form. Action should not be taken without obtaining specific legal advice.
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