UK Statutory Instrument SI 2012 United Kingdom

Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
Charity Commission
Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Trustee6 Director or Officer1 Any Person1

Plus 10 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 120 other Acts
Charities Act 2011 27 duties
Director or Officer — also bound by 482 other Acts
Companies Act 2006 126 duties
Any Person — also bound by 2684 other Acts

What it requires

Regulations 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.

Part 1

GENERAL

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.001 Citation and commencement
s.002 Interpretation: general
Part 2

APPLICATION OF THE INSOLVENCY ACT 1986

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.003 Application of the Insolvency Act 1986 to CIOs : general
s.003 Application of the Insolvency Act 1986 to CIOs in housing administration
Part 3

DISSOLUTION OTHERWISE THAN UNDER THE INSOLVENCY ACT 1986

12 of 19 sections shown
s.007 Notice to be given before dissolution Regulated
Other duties (1) — Crown / regulator
  • Charity Commission must publish notice and wait 3 months before CIO dissolutionStatutory regulator
s.008 Application not to be made if CIO procedures not completed Regulated
  • Do not apply to dissolve your CIO with unsettled debts or outstanding decisionsTrustee
s.009 Application not to be made if other procedures not completed Regulated
  • Charity trustees must not apply for dissolution during insolvency proceedingsTrustee
s.010 Restrictions following application for dissolution Regulated
  • Wind down activities and stop incurring debts after applying for dissolutionAny Person
s.011 Property received after making application for dissolution Regulated
  • Notify Charity Commission of property received after dissolution applicationTrustee
s.012 Trustees to give notice of application for dissolution Regulated
  • Notify CIO members, employees and trustees of a dissolution applicationTrustee
s.014 Circumstances in which application must be withdrawn Regulated
  • Charity trustees must withdraw CIO dissolution application and notify Charity Commission on insolvency eventsTrustee
s.016 Dissolution of CIO which is not in operation Regulated
Other duties (1) — Crown / regulator
  • Charity Commission must dissolve inactive CIOs after notice processStatutory regulator
s.017 Dissolution of CIO which is no longer a charity Regulated
Other duties (1) — Crown / regulator
  • Charity Commission must publish notice and dissolve non-charity CIOsStatutory regulator
s.018 Dissolution of CIO which is being wound up Regulated
Other duties (1) — Crown / regulator
  • Charity Commission must publish notice and dissolve inactive CIOs in liquidationStatutory regulator
s.019 Procedure for dissolution: delivery of letters and notices Regulated
Other duties (1) — Crown / regulator
  • Charity Commission must send dissolution letters/notices to the correct addressesStatutory regulator
s.021 Notice to be given of dissolution Regulated
Other duties (1) — Crown / regulator
  • Charity Commission must publish notice of CIO dissolutionStatutory regulator
7 other sections in this Part — procedural and definitional
s.004 Dissolution by Commission on application of CIO
s.005 Application for dissolution
s.006 Dissolution resolution
s.013 Notice of application for dissolution: how to be given
s.015 Offences under the Companies Acts
s.020 Date of dissolution
s.022 Liabilities and powers unaffected by dissolution
Part 4

APPLICATION OF PROPERTY ON DISSOLUTION UNDER PART 3

1 of 10 sections shown
s.024 Disposal of property vested in official custodian Regulated
Other duties (1) — Crown / regulator
  • Official custodian must not dispose of vested property except as permittedStatutory regulator
9 other sections in this Part — procedural and definitional
s.023 Vesting of property to official custodian on dissolution
s.025 Power of Commission to specify charitable purposes etc.
s.026 Power of Commission to make vesting order
s.027 Disclaimer of property by official custodian
s.028 Effect of a disclaimer by official custodian
s.029 Disclaimer of leaseholds
s.030 Power of court to make vesting order
s.031 Protection of persons holding under a lease
s.032 Land subject to rentcharge
Part 5

RESTORATION OF A CIO TO THE REGISTER

2 of 9 sections shown
s.038 Notification of restoration to the register Regulated
Other duties (1) — Crown / regulator
  • Charity Commission must publish restoration notice for CIOsStatutory regulator
s.041 Accounts, reports and returns of restored CIO Regulated
  • Send requested accounts/reports/returns to Charity Commission within 10 monthsTrustee
7 other sections in this Part — procedural and definitional
s.033 Restoration by Commission
s.034 Restoration by the court
s.035 Time limit for applying to court
s.036 Court order with directions
s.037 CIO's name on restoration
s.039 Effect of restoration
s.040 Property to vest in restored CIO
Schedules

Schedules

3 of 38 shown
s.sch002 Paragraph 54 is to have effect as if the following... Regulated
  • Housing administrator must send substantial revised proposals to stakeholdersDirector or Officer
s.sch002 Paragraph 83 is to have effect as if— Regulated
Other duties (1) — Crown / regulator
  • Charity Commission must publish CIO insolvency notices appropriatelyStatutory regulator
s.sch002 Paragraph 84 is to have effect as if— Regulated
Other duties (1) — Crown / regulator
  • Charity Commission must publish CIO insolvency noticesStatutory regulator
35 other schedules
s.sch002 Introductory
s.sch002 Paragraph 47 is to have effect as if—
s.sch002 Paragraph 49 is to have effect as if—
s.sch002 Paragraph 60 has effect as if after sub-paragraph (2) there...
s.sch002 Paragraph 68 is to have effect as if—
s.sch002 Paragraph 73 is to have effect as if—
s.sch002 Paragraph 74 is to have effect as if—
s.sch002 Paragraph 75(2) is to have effect as if after paragraph...
s.sch002 Paragraph 78 is to have effect as if sub-paragraph (2)...
s.sch002 Paragraph 79 is to have effect as if—
s.sch002 The applicable provisions of Schedule B1 to the Insolvency Act...
s.sch002 Paragraph 87(2) is to have effect as if for paragraphs...
s.sch002 Paragraph 89(2) is to have effect as if for paragraphs...
s.sch002 Paragraph 90 is to have effect as if for “Paragraphs...
s.sch002 Paragraph 91 is to have effect as if the following...
s.sch002 Paragraph 98 is to have effect as if sub-paragraphs (2)(b)...
s.sch002 Paragraph 99 is to have effect as if—
s.sch002 Paragraph 100 is to have effect as if sub-paragraph (2)...
s.sch002 Paragraph 101(3) is to have effect as if after “87...
s.sch002 General modifications of the applicable provisions
s.sch002 Paragraph 103 is to have effect as if—
s.sch002 Paragraph 106(2) is to have effect as if paragraphs (a),...
s.sch002 Paragraph 109 is to have effect as if “or 108”...
s.sch002 Paragraph 111 is to have effect as if—
s.sch002 General modifications
s.sch002 Modifications of the Insolvency Act 1986
s.sch002 Section 5 is to have effect as if after subsection...
s.sch002 Section 6 is to have effect as if—
s.sch002 Section 129(1A) is to have effect as if the reference...
s.sch002 Specific Modifications
s.sch002 Paragraph 40 is to have effect as if sub-paragraphs (1)(b),...
s.sch002 Paragraph 42 is to have effect as if sub-paragraphs (4)...
s.sch002 Paragraph 43 is to have effect as if sub-paragraph (5)...
s.sch002 Paragraph 44 is to have effect as if sub-paragraphs (2)...
s.sch002 Paragraph 46(6) is to have effect as if for paragraphs...
2 other provisions
s.001 Application to CIOs of the 1986 Act (opens in a new tab)
s.002 Application to CIOs of subordinate legislation made under the 1986 Act (opens in a new tab)

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.