Set up a charity
- 10 steps
UK Act of Parliament
2011
United Kingdom
Charities Act 2011
At a glance
Enforced by
What's here
77 compliance obligations, 8 practical guides across 2 topics · 2 journeys · 2 statutory instruments
Penalty landscape
5 of 77 obligations carry an unlimited fine. 8 carry different penalties and 64 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Trustee 26
- Any Person 14
- Director or Officer 7
- Trader 5
Plus 25 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Set up a community interest company (CIC)
- 2 steps
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Direct — cites this Act
3 guidesSupporting — topic alignment
5 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Trustees also bound by 100 other Acts (top 5 shown)
- The Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations 2022 2022 37 duties
- The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 2013 26 duties
- Insolvency (England and Wales) Rules 2016 2016 21 duties
- The Pensions (Northern Ireland) Order 2005 2005 20 duties
- Charities Act (Northern Ireland) 2008 2008 20 duties
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Directors and Officers also bound by 425 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 161 duties
- Companies Act 2006 2006 108 duties
- Insolvency Act 1986 1986 72 duties
- The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 2008 55 duties
- The Housing Administration (England and Wales) Rules 2018 2018 26 duties
Traders also bound by 826 other Acts (top 5 shown)
- Value Added Tax Regulations 1995 1995 413 duties
- Companies Act 2006 2006 243 duties
- The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 2008 114 duties
- Insolvency (England and Wales) Rules 2016 2016 62 duties
- Building Societies Act 1986 1986 56 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — Meaning of “charity” and “charitable purpose”
Browse 12 other sections in this Part — procedural / definitional / commencement
Meaning of “charity”
Meaning of “charitable purpose”
Descriptions of purposes
The public benefit requirement
Recreational and similar trusts, etc.
Registered sports clubs
Application of this Chapter in relation to Scotland
Application of this Chapter in relation to Northern Ireland
Interpretation
Ecclesiastical corporations etc. not charities in certain contexts
Charitable purposes
Directions as to what is (or is not) a separate charity
Part 2 — The Charity Commission and the Official Custodian for Charities
The Commission's general duties
Other duties (1) — Crown / regulator
- Charity Commission must follow best regulatory practice and support giving Statutory regulator
Guidance as to operation of public benefit requirement
- Charity trustees must follow Charity Commission public benefit guidance Trustee
Supply by Commission of copies of documents
Other duties (1) — Crown / regulator
- Charity Commission must provide copies of public documents upon request Statutory regulator
Browse 6 other sections in this Part — procedural / definitional / commencement
Part 3 — Exempt charities and the principal regulator
General duty of principal regulator in relation to exempt charity
Other duties (1) — Crown / regulator
- Principal regulators must ensure exempt charities comply with the law Statutory regulator
Commission to consult principal regulator
Other duties (1) — Crown / regulator
- Charity Commission must consult principal regulator before acting Statutory regulator
Browse 5 other sections in this Part — procedural / definitional / commencement
Part 4 — Registration and names of charities
Removal of charities from register
Other duties (1) — Crown / regulator
- Charity Commission must remove inactive or non-charitable entities from register Statutory regulator
Duties of trustees in connection with registration
- Register your charity and keep its details up to date Trustee
Statement required to be made in official publications etc.
Fine up to £1,000- State charity status on official documents and financial paperwork Any Person
Duty of charity trustees on receiving direction under s.42
- Comply with Charity Commission name change directions and notify updates Trustee
Change of name where charity is a company
- Directors must change company name and notify Companies House upon direction Director or Officer
Browse 14 other sections in this Part — procedural / definitional / commencement
The register
Charities required to be registered: general
Restrictions on extending the range of excepted charities etc.
Power to alter sums specified in s.30(2)
Power to repeal provisions relating to excepted charities
Claims and objections to registration
Effect of registration
Right to inspect register
Power to alter sum specified in s.39(1)
Offences
Power to require name or working name to be changed
Change of name not to affect existing rights and obligations etc.
Power to delay registration following s. 42 direction
Power to delay entry of name in register following a s. 42 direction
Part 5 — Information powers
Execution of search warrant
51 weeks imprisonment- Obstruct execution of a Charity Commission search warrant Any Person
Supply of false or misleading information to Commission etc.
2 years imprisonment- Provide false or misleading information to the Charity Commission Any Person
Browse 13 other sections in this Part — procedural / definitional / commencement
General power to institute inquiries
Obtaining evidence etc. for purposes of inquiry
Power to obtain search warrant for purposes of inquiry
Publication of results of inquiries
Contributions by local authorities to inquiries into local charities
Power to call for documents
Power to search records
Disclosure to Commission: general
Disclosure to Commission: Revenue and Customs information
Disclosure by Commission: general
Disclosure by Commission: Revenue and Customs information
Disclosure to and by principal regulators of exempt charities
Disclosure: supplementary
Part 6 — Cy-près powers and assistance and supervision of charities by court and Commission
Duty of trustees in relation to application of property cy-près
- Ensure charity property is used effectively for its purpose Trustee
Exercise of Commission's concurrent jurisdiction: notice
Other duties (1) — Crown / regulator
- Charity Commission must notify trustees before exercising legal powers Statutory regulator
Powers to make schemes altering provision made by Acts, etc.
Other duties (1) — Crown / regulator
- Charity Commission must follow specific procedures when altering charity Acts Statutory regulator
Restriction on expenditure on promoting Bills
- Obtain consent before using charity funds to promote Parliamentary Bills Any Person
Official warnings by the Commission
Other duties (1) — Crown / regulator
- Charity Commission may issue official warnings for misconduct Statutory regulator
Offence of contravening certain orders under s.76
Unlimited fine- Breach a charity order prohibiting property or payments Any Person
Removal of trustees etc.: notice
Other duties (1) — Crown / regulator
- Charity Commission must notify trustees before removal Statutory regulator
Bodies which may participate in common deposit schemes
Amended 2 timesPower to authorise dealings with charity property etc.
Amended 2 timesPower to authorise ex gratia payments etc.
Amended 1 timeAccounts which cease to be dormant before transfer
- Notify Charity Commission if dormant charity account becomes active before transfer Trader
Dormant bank accounts: supplementary
Amended 4 timesProceedings by other persons
- Obtain Charity Commission authorisation before starting legal proceedings Trustee
Browse 51 other sections in this Part — procedural / definitional / commencement
Occasions for applying property cy-près
Failure of specific charitable purposes: application cy-près
Section 63A: supplementary
Cy-près schemes
Proceeds of fund-raising: power of charity trustees to apply cy-près
Charities governed by charter, or by or under statute
Commission's concurrent jurisdiction with High Court for certain purposes
Restrictions on Commission's concurrent jurisdiction
Power to alter sum specified in s.70(3)
Further powers to alter application of charitable property
Power of the court and the Commission to make schemes
Suspension of trustees etc. and appointment of interim managers
Exercise of powers where section 76(1)(a) applies
Interim managers: supplementary
Removal of trustee or officer etc for protective etc purposes
Removal of disqualified trustee
Other powers to remove or appoint charity trustees
Removal or appointment of charity trustees etc.: supplementary
Power to suspend or remove trustees etc. from membership of charity
Power to direct specified action to be taken
Power to direct specified action not to be taken
Power to direct winding up
Power to direct application of charity property
Copy of certain orders, and reasons, to be sent to charity
Supervision by Commission of certain Scottish charities
Publicity relating to schemes
Publicity for orders relating to trustees or other individuals
Entrusting charity property to official custodian, and termination of trust
Supplementary provisions as to property vested in official custodian
Divestment of official custodian where 1987 Act due to operate
Divestment of official custodian where 1987 Act has operated
Vesting of land in relevant charity trustees following divestment
Supplementary provisions in connection with 1987 Act
Power to make common investment schemes
Bodies which may participate in common investment schemes
Provisions which may be included in common investment schemes
Further provisions relating to common investment schemes and funds
Power to make common deposit schemes
Provisions which may be included in common deposit schemes
Further provisions relating to common deposit schemes and funds
Meaning of “Scottish recognised body” and “Northern Ireland charity”
Investment of endowment fund on total return basis
Total return investment: social investments
Total return investment: regulations
Power to direct transfer of credits in dormant bank accounts
Power to give advice
Power to determine membership of charity
Power to order assessment of solicitor's bill
Petitions for winding up charities under Insolvency Act
Proceedings by the Commission
Effect of provisions relating to vesting or transfer of property
Part 7 — Charity land
Restrictions on dispositions of land: general
Amended 7 timesMeaning of “connected person” in s.117(2)
Amended 2 timesRequirements for dispositions other than certain leases
Amended 7 timesRequirements for leases which are for 7 years or less etc.
Amended 2 times- Obtain professional advice before granting a short-term lease Trustee
Instruments concerning dispositions of land: required statements, etc.
Amended 7 times- Include required charity status statements in land transaction documents Any Person
Restrictions on mortgages
Amended 3 timesMortgages: required statements, etc.
Amended 6 times- Include required legal statements in charity land mortgages Trustee
Power to alter sum specified in s.127(2)
Amended 1 timeAdvice etc from charity trustees, officers and employees
Amended 1 timeBrowse 5 other sections in this Part — procedural / definitional / commencement
Part 8 — Charity accounts, reports and returns
Accounting records
- Keep detailed and accurate charity accounting records Trustee
Preservation of accounting records
Amended 1 time- Keep and preserve charity accounting records for 6 years Trustee
Preparation of statement of accounts
Amended 2 timesAccount and statement an option for lower-income charities
Amended 1 timePreservation of statement of accounts or account and statement
- Keep charity accounts and statements for at least six years Trustee
Exempt charities
- Exempt charities must maintain accounts and keep records for 6 years Trustee
Accounting records
- Maintain group-ready accounting records Trustee
Preparation of group accounts
Amended 1 time- Prepare group accounts for parent charities Trustee
Exceptions to requirement to prepare group accounts
Amended 2 timesPreservation of group accounts
- Keep charity group accounts for at least 6 years Trustee
“Group accounts”
Amended 1 timeAudit of accounts of larger charities
Amended 4 timesExamination of accounts an option for lower-income charities
Amended 5 timesAccounts required to be audited under Companies Act
- Cooperate with Charity Commission-ordered audit of your charitable company Trustee
Audit or examination of English NHS charity accounts
Amended 17 times- Audit or examine English NHS charity accounts annually Trustee
Audit or examination of Welsh NHS charity accounts
Amended 3 timesAudit of accounts of larger groups
Amended 3 timesExamination of accounts an option for smaller groups
Amended 3 timesRegulations relating to audits and examinations
Amended 2 timesDuty of auditors etc. to report matters to Commission
- Auditors and examiners must report serious charity matters to the Commission Any Person
Application of duty in relation to auditors etc. of group accounts
- Auditors must report serious issues in group accounts to the Charity Commission Any Person
Application of duty in relation to Companies Act auditors
- Report serious incidents to the Charity Commission Trader
Charity trustees to prepare annual reports
Amended 2 times- Prepare an annual report for your charity Trustee
Annual reports: fund-raising standards information
Amended 2 timesPreservation of annual reports etc.
- Keep copies of annual reports for at least 6 years Trustee
Annual reports and group accounts
Amended 1 time- Include subsidiary activities in your parent charity's annual report Trustee
Excepted charities
- Prepare an annual report if requested by the Charity Commission Trustee
Annual returns by registered charities
Amended 1 timePublic inspection of annual reports etc. kept by Commission
Other duties (1) — Crown / regulator
- Charity Commission must make annual reports available for public inspection Statutory regulator
Supply by charity trustees of copy of most recent annual report
- Supply a copy of your most recent annual report on request Trustee
Supply by charity trustees of copy of most recent accounts
- Provide a copy of the charity's most recent accounts upon request Trustee
Offences of failing to supply certain documents
Fine up to £2,500- Fail to supply required charity documents to the Charity Commission Any Person
Powers to alter certain sums specified in this Part
Amended 1 timeAggregate gross income of group
Amended 1 timeLarger groups: “relevant income threshold” and “relevant assets threshold”
Amended 1 timeBrowse 13 other sections in this Part — procedural / definitional / commencement
Charitable companies
“Parent charity”, “subsidiary undertaking” and “group”
Exempt charities
Commission's powers to order audit
NHS charities: general
Commission's powers to order audit of group accounts
Power of Commission to direct compliance with certain regulations
Meaning of “connected institution or body” in s.156(2)
Exempt charities
Excepted charities
Transmission of annual reports to Commission in certain cases
Documents to be transmitted with annual report
Exempt charities
Part 9 — Charity trustees, trustees and auditors etc.
Persons disqualified from being charity trustees or trustees of a charity
Amended 13 timesCase A: specified offences
Amended 13 timesDisqualification: pre-commencement events etc.
Amended 3 timesDisqualification: exceptions in relation to charitable companies
Amended 5 timesPower to waive disqualification
Amended 5 timesDisqualification orders
Amended 5 timesDuration of disqualification, and suspension pending disqualification
Amended 5 timesDisqualification orders: procedure
Amended 5 timesOther duties (1) — Crown / regulator
- Charity Commission must follow specific procedures for disqualification orders Statutory regulator
Disqualification orders: variation and revocation
Amended 5 timesRecords of persons removed from office
Amended 6 timesCriminal consequences of acting while disqualified
2 years imprisonment Amended 7 times- Act as a charity trustee while disqualified Any Person
Civil consequences of acting while disqualified
Amended 7 timesSections 183 and 184: participation in corporate decisions
Amended 7 timesPower to confirm trustee appointments etc
Amended 7 timesRemuneration of charity trustees or trustees etc. providing goods or services to charity
Amended 8 timesMeaning of “benefit”, “remuneration” ...etc.
Amended 2 timesPower to amend s.189
Amended 1 timeBrowse 7 other sections in this Part — procedural / definitional / commencement
Meaning of “charity trustees”
Disqualification of charity trustee or trustee receiving remuneration under s.185
Remuneration etc for work already carried out
Meaning of “connected person”
Indemnity insurance for charity trustees and trustees
Commission's power to relieve trustees and auditors etc. from liability
Court's power to grant relief to apply to all auditors etc. of charities which are not companies
Part 10 — Charitable companies etc.
Requirement to disclose charitable status
- Disclose charitable status on documents and communications Trader
Criminal consequences of failure to make required disclosure
Fine up to £1,000- Fail to disclose charitable status as required Director or Officer
Alteration of objects by companies and Commission's consent
Unlimited fine Amended 2 times- Get Charity Commission consent before changing company objects Trader
Meaning of “benefit” in s.198(2)
Amended 1 timeConsent of Commission required for certain acts of charitable company
- Obtain Charity Commission consent for specific subsidiary transactions Trader
Browse 6 other sections in this Part — procedural / definitional / commencement
Meaning of “charitable company”
Civil consequences of failure to make required disclosure
Alteration of objects by bodies corporate and charitable status
Meaning of “connected person” in s.198(2)
Consent of Commission required for approval etc. by members of charitable companies
Application for restoration of charitable company to register
Part 11 — Charitable incorporated organisations (CIOs)
Constitution
- Ensure your CIO's constitution meets all legal requirements Director or Officer
Cases where application must or may be refused
Amended 2 timesRegistration of CIO
Other duties (1) — Crown / regulator
- Charity Commission must register the CIO and provide proof of registration Statutory regulator
Name
Fine up to £1,000- Display your CIO's name on documents and land transactions Director or Officer
Status
Unlimited fine- State CIO status on official documents and communications Any Person
Offence of holding out that a body is a CIO
Fine up to £1,000- Hold out a body as a CIO when it isn’t Any Person
Constitutional requirements
- Use CIO assets and follow constitutional rules Director or Officer
Duty of CIO members
- Exercise membership powers to further the CIO’s purposes Any Person
Personal benefit and payments
Unlimited fine- Disclose personal interests before entering transactions with the CIO Trustee
Amendment of constitution and Commission's consent
Amended 2 timesRegistration and coming into effect of amendments
- Register amendments to your Charitable Incorporated Organisation (CIO) Director or Officer
Application for conversion by registered society
Amended 2 timesCommission to consult appropriate registrar and others
Amended 1 timeOther duties (1) — Crown / regulator
- Charity Commission must consult relevant registrars on conversion applications Statutory regulator
Cases where application must or may be refused
Amended 2 timesProvisional and final registration of converting body
Other duties (1) — Crown / regulator
- Charity Commission must register a converting CIO and notify the registrar Statutory regulator
Notice of application for amalgamation
- Notify stakeholders and the Commission of a proposed CIO amalgamation Any Person
Cases where application must or may be refused
Amended 2 timesRegistration of amalgamated CIO
Other duties (1) — Crown / regulator
- Charity Commission must register and notify amalgamated CIOs Statutory regulator
Effect of registration
Amended 2 timesNotice of transfer of CIO's undertaking to another CIO
Other duties (1) — Crown / regulator
- Charity Commission may require public notice of CIO transfer Statutory regulator
Effect of confirmation of resolution
Amended 2 timesRegulations about winding up, insolvency and dissolution
Amended 2 timesMeaning of “CIO regulations”
Amended 1 timeRegulations about moratorium for certain CIOs
Amended 1 timeMeaning of “benefit”
Amended 1 timeBrowse 23 other sections in this Part — procedural / definitional / commencement
Meaning of “CIO”
Nature
Application for CIO to be constituted and registered
Effect of registration of CIO
Civil consequences of failure to disclose name or status
Offence of failing to disclose name or status
Powers of CIO
Third parties
Limits to s.218
Duties of charity trustees
Regulations about procedure of CIOs
Amendment of constitution and procedure
Amendment of constitution and charitable status
Application for conversion by charitable company
Effect of registration becoming final
Conversion of community interest company
Application for amalgamation of CIOs
Resolutions about transfer of CIO's undertaking to another CIO
Cases where confirmation of resolution must or may be refused
Confirmation of resolution
Power to make further provision about CIOs
Meaning of “connected person”
Effect of provisions relating to vesting or transfer of property
Part 12 — Incorporation of charity trustees
Applications for incorporation
- Apply for charity incorporation in writing Trustee
Requirement to be met before certificate is granted
Other duties (1) — Crown / regulator
- Charity Commission must ensure trustees are appointed before incorporation Statutory regulator
Filling up of vacancies in charity trustees
- Fill vacancies for charity trustees in an incorporated charity Trustee
Amendment of certificate of incorporation
Other duties (1) — Crown / regulator
- Charity Commission must follow specific procedures when amending certificates Statutory regulator
Records of applications and certificates
Other duties (1) — Crown / regulator
- Charity Commission must maintain public records of incorporated charities Statutory regulator
Browse 11 other sections in this Part — procedural / definitional / commencement
Incorporation of charity trustees
Estate to vest in incorporated body
Gifts to take effect as gifts to incorporated body
Liability of charity trustees not affected by incorporation
Charity trustees bound by conditions in certificate etc.
Certificate conclusive as to compliance with incorporation requirements etc.
Execution of documents by incorporated body: general
Conferral of authority to execute documents
Dissolution of incorporated body
Meaning of “incorporated body” and “relevant charity”
Effect of provisions relating to vesting or transfer of property
Part 13 — Powers to amend trusts and use capital
Power of ... charities to spend capital: general
Amended 2 timesResolution to spend larger fund ...
Amended 7 timesNotice of, and information about, s.282 resolution
Other duties (1) — Crown / regulator
- Charity Commission may require public notice or explanation of capital spending Statutory regulator
When and how s.282 resolution takes effect
Amended 9 timesOther duties (1) — Crown / regulator
- Charity Commission must decide on endowment spending resolutions within 60 days Statutory regulator
Power to borrow from permanent endowment: general
Amended 9 timesCalculation of the “permitted amount”
Amended 9 timesCalculation of the “maximum estimated capital appreciation”
Amended 9 timesInability to repay
Amended 9 times- Apply for Charity Commission directions if unable to repay borrowing Trustee
Power to alter sums etc specified in this Part
Amended 7 timesBrowse 18 other sections in this Part — procedural / definitional / commencement
Introduction
Resolution to transfer all property
Notice of, and information about, resolution to transfer property
General rule as to when s.268 resolution takes effect
S.268 resolution not to take effect or to take effect at later date
Transfer of property in accordance with s.268 resolution
Transfer where charity has permanent endowment: general
Requirements relating to permanent endowment
Resolution to replace purposes of unincorporated charity
Notice of, and information about, s.275 resolution
General rule as to when s.275 resolution takes effect
S.275 resolution not to take effect or to take effect at a later date
Replacement of purposes in accordance with s.275
Power to modify powers or procedures of unincorporated charity
Amendment of the trusts of an unincorporated charity
S. 280A : supplementary provision
Power to amend Royal charter
Effect of provisions relating to vesting or transfer of property
Part 14 — Special trusts
Browse 5 other sections in this Part — procedural / definitional / commencement
Part 14A — SOCIAL INVESTMENTS
Meaning of “social investment”
Amended 1 timeGeneral power to make social investments
Amended 1 timeCharity trustees' duties in relation to social investments
Amended 1 timePart 15 — Local charities
Browse 12 other sections in this Part — procedural / definitional / commencement
Meaning of “local charity”
Local authority's index of local charities
Reviews of local charities by local authority
S.294 and s.295: supplementary
Co-operation between charities, and between charities and local authorities
Transfer of property to parish or community council or its appointees
Local authorities' power to appoint representative trustees
Powers of appointment deriving from pre-1894 powers
Powers of appointment deriving from pre-1927 powers
Term of office of trustees appointed under s.299 to s.301
S.298 to s.302: supplementary
Effect of provisions relating to vesting or transfer of property
Part 16 — Charity mergers
Register of charity mergers
Other duties (1) — Crown / regulator
- Charity Commission must maintain a register of charity mergers Statutory regulator
Meaning of “relevant charity merger” etc.
Amended 2 timesDetails to be entered in register of charity mergers
Other duties (1) — Crown / regulator
- Charity Commission must record specific details in the register of mergers Statutory regulator
Right to inspect register of charity mergers
Other duties (1) — Crown / regulator
- Charity Commission must make the register of mergers available for inspection Statutory regulator
Pre-merger vesting declarations
Amended 3 timesEffect of registering charity merger on gifts to transferor
Amended 2 times“Transferor” and “transferee” etc. in s.310 and s.311
Amended 1 timeBrowse 3 other sections in this Part — procedural / definitional / commencement
Part 17 — The Tribunal
Reviewable matters
Amended 1 timePower to amend provisions relating to appeals and applications to Tribunal
Amended 2 timesPower to authorise costs to be incurred in relation to proceedings
Amended 2 timesPowers of Commission in relation to matters referred to Tribunal
Other duties (1) — Crown / regulator
- Charity Commission must pause actions during legal appeals Statutory regulator
Suspension of time limits while reference is in progress
Amended 1 timeInterpretation
Amended 1 timeBrowse 12 other sections in this Part — procedural / definitional / commencement
The Tribunal
Rules relating to appeals, applications or references
Appeal from Tribunal
Intervention by Attorney General
Appeals: general
Appeals: orders under s.52
Reviews
Remission of matters to Commission
References by Commission
References by Attorney General
Agreement for Commission to act while reference is in progress
Appeals and applications in respect of matters determined on references
Part 18 — Miscellaneous and supplementary
Limited power for charity trustees to make ex gratia payments etc
Amended 1 timePower to alter sums specified in s.331A
Amended 1 timeEnforcement of orders of Commission
Amended 4 timesOther provisions as to orders etc of Commission
Amended 10 timesDirections of the Commission or person conducting inquiry
Amended 1 timeService of orders and directions
Amended 1 timeEnrolment and deposit of documents etc.
Amended 1 timeOffences by bodies corporate
Unlimited fine- Personal liability for corporate charity offences Director or Officer
Regulations and orders: general
Amended 3 timesRegulations subject to affirmative procedure etc.
Amended 12 timesOrders subject to affirmative procedure etc.
Amended 1 timeConnected person: child, spouse and civil partner
Amended 4 timesConnected person: controlled institution
Amended 1 timeConnected person: substantial interest in body corporate
Amended 1 timePower to amend definition of “connected person”
Amended 1 timeMinor definitions
Amended 3 timesBrowse 10 other sections in this Part — procedural / definitional / commencement
Manner of giving notice of charity meetings, etc.
Conferral of authority to execute documents
Transfer and evidence of title to property vested in trustees
Status of certain trustees of charitable trusts
Enforcement of requirements by order of Commission
Evidence of documents received by Commission etc.
Report of inquiry to be evidence in certain proceedings
Evidence of documents issued by Commission etc.
Other miscellaneous provisions as to evidence
Restriction on institution of proceedings for certain offences
Part 19 — Final provisions
Browse 5 other sections in this Part — procedural / definitional / commencement
Amendments etc.
Commencement
Extent
Index of defined expressions
Short title
Schedules
Browse 261 other Schedules — structural / supplementary
The official custodian
Court's jurisdiction over certain charities governed by or under statute
The Charity Commission
(1) The Commission is to consist of—
(1) A document is executed by the Commission by the...
(1) As soon as practicable after the end of each...
(1) The Commission must hold a public meeting (“the annual...
The members of the Commission hold and vacate office as...
(1) An appointment of a person to hold office as...
(1) The Commission must pay to its members such remuneration,...
(1) The Commission— (a) must appoint a chief executive, and...
(1) The Commission may establish committees and any committee of...
(1) The Commission may regulate its own procedure (including quorum)....
Anything authorised or required to be done by the Commission...
The Documentary Evidence Act 1868 has effect as if—
The official custodian is a corporation sole whose official seal...
The expenses of the official custodian (except those reimbursed to,...
Anything which is required to or may be done by,...
(1) The official custodian is not liable as trustee for...
The official custodian must— (a) keep such books of account...
The Comptroller and Auditor General must— (a) examine, certify and...
The Commission must publish and lay before Parliament a copy...
Exempt charities
(1) Any institution which, if the Charities Act 1960 had...
Any foundation body established under section 21 of the School...
A sixth form college corporation (within the meaning of the...
(1) A relevant higher education provider not otherwise listed in...
In paragraphs 2 to 11A— “higher education corporation” has the...
The Board of Trustees of the Victoria and Albert Museum....
The Board of Trustees of the Science Museum.
The Board of Trustees of the Armouries.
The Board of Trustees of the Royal Botanic Gardens, Kew....
The Board of Trustees of the National Museums and Galleries...
The trustees of the British Museum.
The trustees of the Natural History Museum.
The Board of Trustees of the National Gallery.
Any of the following if it is a relevant higher...
The Board of Trustees of the Tate Gallery.
The Board of Trustees of the National Portrait Gallery.
The Board of Trustees of the Wallace Collection.
The Trustees of the Imperial War Museum.
The Trustees of the National Maritime Museum.
The British Library Board.
Any registered society within the meaning of the Co-operative and...
Any registered society within the meaning of the Co-operative and...
(1) Any institution which— (a) is administered by or on...
Any of the following if it is a relevant higher...
(1) Any of the following, if it is a relevant...
(1) An English higher education corporation if it is a...
(1) A successor company to a higher education corporation at...
A further education corporation.
A qualifying Academy proprietor (as defined in section 12(2) of...
The governing body of any foundation, voluntary or foundation special...
Enlargement of areas of local charities
The court may by virtue of section 68(5) and (6)...
Regardless of anything in section 19 of the Commons Act...
Appeals and applications to Tribunal
Consequential amendments
A reference in any enactment or document to a charity...
In section 31, for “the Charities Act 1993” substitute “...
In Schedule 3, for paragraph 4 substitute— The person appointed to chair the Charity Commission may make...
In Schedule 3, for the entry relating to the Charity...
In Schedule 8, for the entry relating to the Charity...
In section 146(3)(b), for “charity trustee (within the meaning of...
In section 92(5), for “section 13 of the Charities Act...
In section 19(2)(a), for “purposes which are exclusively charitable according...
In section 36(1), for paragraphs (a) and (b) substitute—
In section 69(2)(d)(i), after “Wales under” insert “ section 79(2)(a)...
In section 96(3), for “sections 24 and 25 of the...
In section 81(2)(h), for “section 13 of the Charities Act...
For section 6(3) substitute— (3) In relation to any disposition...
In Schedule 2, in paragraph 10(2)(b), for “charity trustee (within...
In section 217(5), for “the court (as defined in the...
In section 165(5), for “the court (as defined in the...
In section 21(2)(a), for “section 64 of the Charities Act...
In section 31(4)(a), for “section 64 of the Charities Act...
In— (a) section 1140(2)(c)(ii), and (b) section 1154(1)(b) and (2)(b),...
In Schedule 1, in paragraph 6(4)(b) for “or section 24...
In Schedule 4, in— (a) paragraph 4(7) and
In section 54(2), for “section 9 of the 1993 Act”...
In section 72(3), for “section 10(2) to (4) of the...
For section 34(3) substitute— (3) In relation to any disposition...
(1) In section 73(5)(b), for “the appointed day (within the...
(1) In section 74(4), omit— (a) paragraphs (a) and (b),...
Omit section 76.
(1) In section 78(2)— (a) omit paragraph (a);
In section 79(1), omit— (a) paragraph (a), and
In section 80— (a) omit subsections (3)(a), (b) and (d)...
(1) Amend section 558 as follows. (2) Under the heading...
In section 194(9)(a), for “in accordance with section 3A of...
In section 62(1), in the definition of “charity”, for “section...
In Schedule 2, in paragraph 13(2), for “charity trustee within...
In section 1, in the definition of “permanent trusts” for...
In Schedule 3, omit “Charities Act 1993 (c. 10), sections...
In section 135(6), for “sections 41 to 45 of the...
In section 136— (a) in subsection (4), for “section 43(1)(a)...
In section 138(3)(a), for “the Charities Act 1993” substitute “...
In section 266(6), for “section 72 of the Charities Act...
In section 275— (a) in the definition of “non-registrable charity”,...
(1) Amend section 210 as follows. (2) In subsection (1)(b),...
In section 56(1)(a), for “under section 3 of the Charities...
In section 86(1)(e)— (a) in sub-paragraph (i), after “under” insert...
In section 71A(1), for “section 13 of the Charities Act...
In sections 5A(7)(a) and 7D(5)(a), for “as it has under...
In Schedule 3, in paragraph 19(4)(c), for “(within the meaning...
In Schedule 4, in paragraph 9(4)(c), for “(within the meaning...
(1) Amend section 511 as follows. (2) Under the heading...
(1) Amend Schedule 6 as follows. (2) In paragraph 1(4)—...
In section 194(3)(a), for “section 1(1) of the Charities Act...
In section 10(1), for “section 96(2) of the Charities Act...
For section 67(1) substitute— (1) The power of the court...
In section 77(3), for “the Charities Act 1993” substitute “...
In section 106(1), in the definition of “charity”, for “section...
(1) Amend Schedule 3 as follows. (2) In paragraph 9(6)—...
In section 23(4), for “section 36 of the Charities Act...
In section 4A(6), for “as defined by section 1(1) of...
(1) In section 4, for subsections (6) to (8A) substitute—...
In section 7, for subsection (2) substitute—
In section 2(4), for “the Charities Act 1993” substitute “...
(1) Any enactment or document is to continue to have...
(1) In section 8(1), for “the Charities Act 1993” substitute...
(1) Amend Schedule 3 as follows. (2) In Rule 46A(a),...
In section 11(3)(c), for “section 79 of the Charities Act...
In section 27F(6), for “section 79 of the Charities Act...
In section 27H(6), for “section 79 of the Charities Act...
In section 29(6), for “section 79 of the Charities Act...
In section 127(4) for “the Charities Act 1993” substitute “...
In section 131(3)— (a) for “section 36 of the Charities...
In Schedule 12A, for paragraphs 8(f) and 19(f) substitute—
In section 189(1), in the definition of “charity”, for “the...
(1) In the definition of “trust corporation” contained in the...
In section 32A(6), for “as defined by section 1(1) of...
Part 2 of Schedule 1 continues to include, at the...
Part 2 of Schedule 1 continues to include, at the...
In section 2(2)(d), for “sections 36 and 38 of the...
In section 11(2), for “the Charity Commission or in accordance...
In Schedule 1, for the definition of “Charity Commission” substitute—...
In section 49(3), for “the Charities Act 1993” substitute “...
For section 6 substitute— Saving for Charity Commission Nothing in this Act affects the charitable jurisdiction of the...
For section 55(1) substitute— (1) The power of the court...
In section 63(3), for “the Charities Act 1993” substitute “...
(1) In section 6, for “except with the consent of...
In section 87(1), in the definition of “charity”, for “section...
(1) Amend Schedule 3 as follows. (2) In paragraph 11(6)—...
In section 10(2)(n), for “the Charities Act 1993” substitute “...
In section 6A(5), for “in accordance with section 3A of...
In section 525, in the definition of “charity trustees”, for...
In section 10(1), for “sections 36 and 38 of the...
In section 35(2)(c), for “section 36 of the Charities Act...
(1) In section 5(7), for “the Charities Act 1993” substitute...
For section 4(2) and (4) substitute— (2) Chapter 2 of...
In section 124(2)(fa), for “(within the meaning of section 69A...
(1) In section 9(1)— (a) for “shall, so far as...
For section 125A substitute— Charitable status of a higher education...
In section 128(5), for “ “charitable purposes” has the same...
In Schedule 6, in paragraph 7(3), for “the Charities Act...
In section 10, for “ “the Commissioners” and “the court”...
(1) In section 17(1), for “section 22 of the Charities...
In Schedule 11, for the entry beginning “Member of the...
In section 4, in paragraph (d) of the definition of...
In section 19(4)(bc), for “(within the meaning of section 69A...
For section 22A substitute— Charitable status of a further education...
In section 27(5), for “ “charitable purposes” has the same...
In section 1(d) for “except with the consent of the...
In section 33F(6)(d), for “(within the meaning of section 69A...
In section 33M, for “(and, as a result of its...
In section 33N(10), for “ “charitable purposes” has the same...
In section 69— (a) in subsection (1A), for “section 13...
In section 79A— (a) for “section 13 of the Charities...
(1) In section 58(1), in the definition of “company” for...
In section 63(2), for “section 3 of the Charities Act...
In section 93(6)(a), for “section 36 of the Charities Act...
In Schedule 9, in paragraph 15, for “Sections 76 to...
(1) In Schedule 5, in paragraph 2, in the definition...
In section 9(1), for “with the consent of the Charity...
In Schedule 1, in paragraph 4(2)— (a) in paragraph (a),...
In section 58, for subsection (1) substitute—
(1) Amend Schedule 1 as follows. (2) In paragraph 4(2)(d),...
In section 95(6), for “but otherwise has the same meaning...
In section 537C— (a) in subsection (1)(a), for “section 13...
(1) In section 23, for subsection (1A) substitute—
In section 23A(10), in the definitions of “charity trustee” and...
In section 23B(2), for “section 18 of the Charities Act...
In Schedule 1, for paragraph 10 substitute— An Education Action Forum shall be a charity and is...
In Schedule 22, in paragraph 8A(2)(c), for “removed under subsection...
(1) In section 4(1A)(b), for “section 36(2) to (8) of...
(1) In section 3(1), for “Part VI of the Charities...
In Schedule 19, in paragraph 15— (a) in sub-paragraph (a),...
In section 4(4), for “section 72(1) of the Charities Act...
In section 15(1), in paragraph (iii) of the proviso, for...
In section 27(1), for “section 43 of the Charities Act...
In section 34, for “same meaning as in the Charities...
In Schedule 11A, in paragraph 7(2)(a), for the words from...
In Schedule 11B, in paragraph 12(4)(b), for “or section 24...
In section 143(6)(d), for “the Charities Act 1993)” substitute “...
In section 38— (a) in paragraph (a), for “section 24...
(1) For section 14(1)(b) substitute— (b) any trustees for charitable...
In section 39(1)— (a) in the definition of “charitable purposes”,...
In section 42(1), for “ “charity trustee” has the same...
In Part 1 of Schedule 1, for paragraph 56A and...
In section 2(1), for “under section 72(1) of the Charities...
In section 4(1)(aa), for “section 83 of the Charities Act...
In section 16(3), omit the definition of “charity”.
In Schedule 2, for paragraph 5(4) substitute—
In section 40— (a) in subsection (1A), for “section 13...
In section 54C(3), for “ “exempt charity” has the same...
In section 63(1), in the definition of “English charity” for...
Transitionals and savings
The repeal and re-enactment of provisions by this Act does...
(1) Where section 2 of the 1958 Act applied to...
The repeal by this Act of subsections (2) and (3)...
Sections 1 and 2 of the 1958 Act as in...
Sections 1 and 2 of the 1958 Act as in...
Despite the revocation by this Act of the Charities (Pre-consolidation...
(1) Despite the repeal by this Act of section 11(13)...
The repeal and re-enactment by this Act of—
Section 67 applies to property given for charitable purposes whether...
(1) Despite the repeal by this Act of paragraph 26...
(1) The repeal by this Act of paragraph 23(a) of...
A reference, express or implied, in this Act, another enactment...
Despite the revocation by this Act of the Charities (Pre-consolidation...
(1) A reference, express or implied, in any enactment, instrument...
Anything done, or having effect as if done, under (or...
Paragraphs 1 to 4 have effect in place of section...
The repeals made by this Act do not affect the...
(1) The repeal by this Act of an enactment previously...
Any reference to an enactment repealed by this Act which...
In this Part of this Schedule “the 1958 Act” means...
Transitory modifications
(1) Sub-paragraph (2) applies if Chapter 1 of Part 3...
(1) Sub-paragraph (2) applies if, in relation to charities of...
(1) Sub-paragraph (2) applies if, in relation to charities of...
In relation to an offence committed before the commencement of...
(1) Sub-paragraph (2) applies if, in relation to charities of...
In relation to an offence committed before 2 May 2022...
(1) Sub-paragraph (2) applies if, in relation to charities of...
(1) Sub-paragraph (2) applies if, in relation to charities of...
(1) Sub-paragraph (2) applies if, in relation to charities of...
(1) Sub-paragraph (2) applies if, in relation to charities of...
(1) Sub-paragraph (2) applies if the Mission and Pastoral Measure...
(1) Sub-paragraph (2) applies if— (a) section 11(10) of the...
(1) Sub-paragraph (2) applies if, in relation to charities of...
(1) Sub-paragraph (2) applies if, in relation to charities of...
(1) Sub-paragraph (2) applies if, in relation to charities of...
(1) This paragraph applies if paragraph 7 of Schedule 16...
In relation to an offence committed before 2 May 2022...
(1) Sub-paragraph (2) applies if, in relation to charities of...
(1) Sub-paragraph (2) applies if any provision of the 1993...
(1) Sub-paragraph (2) applies if section 2 of the Co-operative...
(1) Sub-paragraph (2) applies if section 2 of the Co-operative...
(1) Subject to sub-paragraph (2), in this Schedule “the relevant...
(1) Sub-paragraph (2) applies if section 11(9) of the 2006...
In this Schedule— “the 1993 Act” means the Charities Act...
(1) Sub-paragraph (2) applies if section 11(8) of the 2006...
(1) Sub-paragraph (2) applies if section 2 of the Co-operative...
(1) Sub-paragraph (2) applies if paragraph 2, 3 or 4...
(1) Sub-paragraph (2) applies if, in relation to charities of...
(1) Sub-paragraph (2) applies if section 3A(6) of the 1993...
(1) Sub-paragraph (2) applies if paragraph 2, 3 or 4...
Repeals and revocations
Index of defined expressions
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Prepare a charity trustees' annual report (opens in a new tab) Detailed Guidance
- Code of Fundraising Practice (opens in a new tab) Detailed Guidance
- CC20: Charity fundraising - a guide to trustee duties (opens in a new tab) Publication
- Register a charity with OSCR (opens in a new tab) Detailed Guidance
- Claim Gift Aid on donations (opens in a new tab) Detailed Guidance
- OSCR fundraising guidance (opens in a new tab) Detailed Guidance
- Hastings Pier | Historic England (opens in a new tab) from Historic England Detailed Guidance
- Charity flights | UK Civil Aviation Authority (opens in a new tab) from CAA Detailed Guidance
- The Electoral Commission (opens in a new tab) Detailed Guidance
- OSCR charity compliance checklist (opens in a new tab) Detailed Guidance
- ... and 14 more
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
CIC Regulator
PrimaryOffice of the Regulator of Community Interest Companies
Regulates Community Interest Companies, a special type of limited company for social enterprises that use profits for community benefit. Approves CIC registration …
Office for Students
Independent regulator for higher education in England. Registers and monitors higher education providers. Ensures students receive quality education and value for money.
Charity Commission for England and Wales
Statutory regulator of registered charities in England and Wales. Maintains the public register of charities (168,000+ registered). Ensures charity trustees comply with …
Connected legislation
2 statutory instruments
These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.
Explore more
Browse legislation
Find other UK business legislation with related guidance.
Regulators
Learn more about the bodies that enforce this legislation.