- Enforced by
- CIC Regulator, OfS, Charity Commission
- Status
- Amended (in force with amendments)
- Penalty ceiling
- Imprisonment 5 of 79 obligations carry an unlimited fine. 8 carry different penalties and 66 have no criminal penalty — flagged in the list below.
Does it bind you?
Business-side roles with duties under this instrument.
Plus 26 duties on the regulator, Crown ministers and public bodies — folded into the section list below.
Other Acts binding the same actors
If a role above is yours, these are the other instruments that most often bind it.
Trustee — also bound by 104 other Acts
Any Person — also bound by 2340 other Acts
Director or Officer — also bound by 429 other Acts
Trader — also bound by 825 other Acts
What it requires
Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.
Meaning of “charity” and “charitable purpose”
0 of 12 sections shown12 other sections in this Part — procedural and definitional
The Charity Commission and the Official Custodian for Charities
3 of 9 sections shownOther duties (1) — Crown / regulator
- Charity Commission must follow best regulatory practice and support givingStatutory regulator
- Charity trustees must follow Charity Commission public benefit guidanceTrustee
Other duties (1) — Crown / regulator
- Charity Commission must provide copies of public documents upon requestStatutory regulator
6 other sections in this Part — procedural and definitional
Exempt charities and the principal regulator
2 of 7 sections shownOther duties (1) — Crown / regulator
- Principal regulators must ensure exempt charities comply with the lawStatutory regulator
Other duties (1) — Crown / regulator
- Charity Commission must consult principal regulator before actingStatutory regulator
5 other sections in this Part — procedural and definitional
Registration and names of charities
5 of 19 sections shownOther duties (1) — Crown / regulator
- Charity Commission must remove inactive or non-charitable entities from registerStatutory regulator
- Register your charity and keep its details up to dateTrustee
- State charity status on official documents and financial paperworkAny Person
Fine up to £1,000
- Comply with Charity Commission name change directions and notify updatesTrustee
- Directors must change company name and notify Companies House upon directionDirector or Officer
14 other sections in this Part — procedural and definitional
Information powers
2 of 15 sections shown- Obstruct execution of a Charity Commission search warrantAny Person
- Provide false or misleading information to the Charity CommissionAny Person
13 other sections in this Part — procedural and definitional
Cy-près powers and assistance and supervision of charities by court and Commission
13 of 64 sections shown- Ensure charity property is used effectively for its purposeTrustee
Other duties (1) — Crown / regulator
- Charity Commission must notify trustees before exercising legal powersStatutory regulator
Other duties (1) — Crown / regulator
- Charity Commission must follow specific procedures when altering charity ActsStatutory regulator
- Obtain consent before using charity funds to promote Parliamentary BillsAny Person
Other duties (1) — Crown / regulator
- Charity Commission may issue official warnings for misconductStatutory regulator
- Breach a charity order prohibiting property or paymentsAny Person
Unlimited fine
Other duties (1) — Crown / regulator
- Charity Commission must notify trustees before removalStatutory regulator
- Notify Charity Commission if dormant charity account becomes active before transferTrader
- Obtain Charity Commission authorisation before starting legal proceedingsTrustee
51 other sections in this Part — procedural and definitional
Charity land
9 of 14 sections shown- Obtain professional advice before granting a short-term leaseTrustee
- Include required charity status statements in land transaction documentsAny Person
- Include required legal statements in charity land mortgagesTrustee
amended 1 time
5 other sections in this Part — procedural and definitional
Charity accounts, reports and returns
35 of 48 sections shown- Keep detailed and accurate charity accounting recordsTrustee
- Keep and preserve charity accounting records for 6 yearsTrustee
- Keep charity accounts and statements for at least six yearsTrustee
- Exempt charities must maintain accounts and keep records for 6 yearsTrustee
- Maintain group-ready accounting recordsTrustee
- Prepare group accounts for parent charitiesTrustee
- Keep charity group accounts for at least 6 yearsTrustee
- Cooperate with Charity Commission-ordered audit of your charitable companyTrustee
- Audit or examine English NHS charity accounts annuallyTrustee
- Auditors and examiners must report serious charity matters to the CommissionAny Person
- Auditors must report serious issues in group accounts to the Charity CommissionAny Person
- Report serious incidents to the Charity CommissionTrader
- Prepare an annual report for your charityTrustee
amended 2 times
- Keep copies of annual reports for at least 6 yearsTrustee
- Include subsidiary activities in your parent charity's annual reportTrustee
- Prepare an annual report if requested by the Charity CommissionTrustee
Other duties (1) — Crown / regulator
- Charity Commission must make annual reports available for public inspectionStatutory regulator
- Supply a copy of your most recent annual report on requestTrustee
- Provide a copy of the charity's most recent accounts upon requestTrustee
- Fail to supply required charity documents to the Charity CommissionAny Person
Fine up to £2,500
13 other sections in this Part — procedural and definitional
Charity trustees, trustees and auditors etc.
17 of 24 sections shownamended 13 times
amended 5 times
amended 5 times
Other duties (1) — Crown / regulator
- Charity Commission must follow specific procedures for disqualification ordersStatutory regulator
amended 5 times
amended 5 times
Other duties (1) — Crown / regulator
- Charity Commission must maintain public register of removed and disqualified trusteesStatutory regulator
- Act as a charity trustee while disqualifiedAny Person
2 years imprisonment · amended 7 times (opens in a new tab)
amended 7 times
amended 7 times
7 other sections in this Part — procedural and definitional
Charitable companies etc.
5 of 11 sections shown- Disclose charitable status on documents and communicationsTrader
- Fail to disclose charitable status as requiredDirector or Officer
Fine up to £1,000
- Get Charity Commission consent before changing company objectsTrader
Unlimited fine · amended 2 times (opens in a new tab)
- Obtain Charity Commission consent for specific subsidiary transactionsTrader
6 other sections in this Part — procedural and definitional
Charitable incorporated organisations (CIOs)
25 of 48 sections shown- Ensure your CIO's constitution meets all legal requirementsDirector or Officer
Other duties (1) — Crown / regulator
- Charity Commission must register the CIO and provide proof of registrationStatutory regulator
- Display your CIO's name on documents and land transactionsDirector or Officer
Fine up to £1,000
- State CIO status on official documents and communicationsAny Person
Unlimited fine
- Hold out a body as a CIO when it isn’tAny Person
Fine up to £1,000
- Use CIO assets and follow constitutional rulesDirector or Officer
- Exercise membership powers to further the CIO’s purposesAny Person
- Disclose personal interests before entering transactions with the CIOTrustee
Unlimited fine
- Register amendments to your Charitable Incorporated Organisation (CIO)Director or Officer
Other duties (1) — Crown / regulator
- Charity Commission must consult relevant registrars on conversion applicationsStatutory regulator
Other duties (1) — Crown / regulator
- Charity Commission must register a converting CIO and notify the registrarStatutory regulator
- Notify stakeholders and the Commission of a proposed CIO amalgamationAny Person
Other duties (1) — Crown / regulator
- Charity Commission must register and notify amalgamated CIOsStatutory regulator
Other duties (1) — Crown / regulator
- Charity Commission may require public notice of CIO transferStatutory regulator
amended 1 time
23 other sections in this Part — procedural and definitional
Incorporation of charity trustees
6 of 16 sections shown- Charity trustees must comply with conditions in certificate of incorporationTrustee
- Apply for charity incorporation in writingTrustee
Other duties (1) — Crown / regulator
- Charity Commission must ensure trustees are appointed before incorporationStatutory regulator
- Fill vacancies for charity trustees in an incorporated charityTrustee
Other duties (1) — Crown / regulator
- Charity Commission must follow specific procedures when amending certificatesStatutory regulator
Other duties (1) — Crown / regulator
- Charity Commission must maintain public records of incorporated charitiesStatutory regulator
10 other sections in this Part — procedural and definitional
Powers to amend trusts and use capital
9 of 27 sections shownOther duties (1) — Crown / regulator
- Charity Commission may require public notice or explanation of capital spendingStatutory regulator
Other duties (1) — Crown / regulator
- Charity Commission must decide on endowment spending resolutions within 60 daysStatutory regulator
amended 9 times
amended 9 times
amended 9 times
- Apply for Charity Commission directions if unable to repay borrowingTrustee
amended 9 times
18 other sections in this Part — procedural and definitional
Special trusts
1 of 6 sections shown5 other sections in this Part — procedural and definitional
SOCIAL INVESTMENTS
3 of 3 sections shownamended 1 time
amended 1 time
amended 1 time
Local charities
0 of 12 sections shown12 other sections in this Part — procedural and definitional
Charity mergers
7 of 10 sections shownOther duties (1) — Crown / regulator
- Charity Commission must maintain a register of charity mergersStatutory regulator
Other duties (1) — Crown / regulator
- Charity Commission must record specific details in the register of mergersStatutory regulator
Other duties (1) — Crown / regulator
- Charity Commission must make the register of mergers available for inspectionStatutory regulator
3 other sections in this Part — procedural and definitional
The Tribunal
6 of 18 sections shownamended 2 times
Other duties (1) — Crown / regulator
- Charity Commission must pause actions during legal appealsStatutory regulator
12 other sections in this Part — procedural and definitional
Miscellaneous and supplementary
16 of 26 sections shownamended 1 time
amended 1 time
- Personal liability for corporate charity offencesDirector or Officer
Unlimited fine
amended 1 time
10 other sections in this Part — procedural and definitional
Final provisions
0 of 5 sections shown5 other sections in this Part — procedural and definitional
Schedules
0 of 261 shown261 other schedules
Help complying
Guvnor’s practical routes through this instrument.
Set up a charity
Establish a registered charity in England and Wales - from charitable purposes to ongoing compliance
Set up a community interest company (CIC)
Form a CIC for social enterprise purposes with asset lock protection, dividend caps, and ongoing compliance requirements
Prepare charity accounts using SORP
How to prepare charity accounts following the Statement of Recommended Practice (SORP), including thresholds for receipts and payments versus accruals accounts, audit …
Register a charity with the Charity Commission
How to register your charity in England and Wales, including income thresholds, charitable purposes requirements, and the registration process.
Understand your duties as a charity trustee
The six key duties every charity trustee must follow, with guidance on eligibility, conflicts of interest, liability, and remuneration rules in England …
5 more guides that reference this instrument
Connected legislation
Instruments made under this Act. They carry the detail the Act delegates.
Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.