Excepted Charity definition

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Regulation of excepted charities

FORTHCOMING CHANGE: The Charities Act 2022 (CA 2022) received Royal Assent on 24 February 2022 and will be implemented on a staggered basis between now and Autumn 2023. CA 2022 will implement the majority of the recommendations from the 2017 Law Commission report, ‘Technical Issues in Charity Law’. For a summary of the recommendations that have been accepted, see News Analysis: Government response to Law Commission report ‘Technical Issues in Charity Law’. For further guidance on the implementation of CA 2022, see News Analysis: Charities Act 2022—what do we know so far?.Of particular relevance to this Practice Note, the government agreed, in line with the Law Commission’s recommendations that the financial thresholds in the Charities Act 2011 (CA 2011) should be reviewed every ten years with a view to increasing them, by secondary legislation, in line with inflation.A charity may be excepted from registration if it:•is excepted by Order of the Charities Commission (and complies with any conditions), and•has a gross income not exceeding £100,000The Excepted Church Charity ProgrammeLocal church charities:•associated with the umbrella bodies listed under the Excepted Church Charity Programme (the Programme), and•established wholly or mainly for the purpose of public religious worshipare

Regulation—excepted or exempt charities

FORTHCOMING CHANGE: The Charities Act 2022 (CA 2022) received Royal Assent on 24 February 2022 and will be implemented on a staggered basis between now and Autumn 2023. CA 2022 will implement the majority of the recommendations from the 2017 Law Commission report, ‘Technical Issues in Charity Law’. For a summary of the recommendations that have been accepted, see News Analysis: Government response to Law Commission report ‘Technical Issues in Charity Law’. For further guidance on the implementation of CA 2022, see News Analysis: Charities Act 2022—what do we know so far?.Of particular relevance to this Practice Note, the government agreed, in line with the Law Commission’s recommendations that the financial thresholds in the Charities Act 2011 (CA 2011) should be reviewed every ten years with a view to increasing them, by secondary legislation, in line with inflation. Charities’ registration, accounting and reporting requirements vary according to financial thresholds such as a charity’s income. By reviewing these

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A public sector employer set up a trust which purported to be charitable using the model deed provided by the Charity Commission. The deed provided that ‘the charity’ might be dissolved at a special meeting by a decision of a two-thirds majority of the trustees. However, the trust failed to obtain charitable status and there is now a desire for it to be wound up. What steps need to be taken to ensure that the trust is properly terminated?

A public sector employer set up a trust which purported to be charitable using the model deed provided by the Charity Commission. The deed provided that ‘the charity’ might be dissolved at a special meeting by a decision of a two-thirds majority of the trustees. However, the trust failed to obtain charitable status and there is now a desire for it to be wound up. What steps need to be taken to ensure that the trust is properly terminated? It is important to note that a charitable trust that is not registered with the Charity Commission may still be regulated by the latter if it is an exempt or excepted charity—see Practice Note: Charity registration with the Charity Commission. The comments below assume that the trust is not an exempt or excepted charity. The manner in which the trust is terminated will depend on whether the deed created a valid trust. Although the Charity Commission has rejected an

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32 Duties of charity trustees on registration

32 Duties of charity trustees on registrationIt is the duty of the charity trustees:32.1     to apply for registration in the first place1;32.2     to supply the Charity Commission with copies of the trusts and such other documents or information as may be prescribed or as the Commission may require for the purpose of the application2;32.3     in the case of a charity already registered, to notify the Commission if it ceases to exist, or if there is a change in its trusts or in the particulars entered in the register, and to supply

29 Registration of small charities

29 Registration of small charitiesA charity other than a CIO whose gross income does not exceed £5,000 is not required to be registered in the register of charities kept by the Charity Commission, and it is the Commission's current policy not to register such charities1. Strictly, however, such a charity can be registered on a voluntary basis2.

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319. Increased regulation of exempt charities.

319.     Increased regulation of exempt charities. The Charities Act 2006 contained provisions for the increased regulation of specified exempt charities1 under the Act, and these provisions are maintained and developed by the Charities Act 20112. These provide that such a charity is no longer exempt from: (1) the power of the Charity Commission to require a charity's name to be changed3; (2) the power of the Commission to institute inquiries with regard to charities, but only where this has been requested by the charity's principal regulator4; (3) the power of the Commission to call for documents and