Charities Act 2022
| Jurisdiction | UK Non-devolved |
| Citation | 2022 c. 6 |
(1) Section 198 of the Charities Act 2011 (alteration of objects by companies and Commission’s consent) is amended as follows.(2) In subsection (2) (a) , for the words from “adding” to the end of the paragraph substitute “which alters the charitable purposes of the company,” .(3) After subsection (2) insert—
- “(2A) In considering whether to consent to an alteration falling within subsection (2) (a) the Commission must have regard to—
- (a) the purposes of the company when it was established, if and so far as they are reasonably ascertainable,
- (b) the desirability of securing that the purposes of the company are, so far as reasonably practicable, similar to the purposes being altered, and
- (c) the need for the company to have purposes which are suitable and effective in the light of current social and economic circumstances.
- “(1) An amendment to a CIO’s constitution which would make a regulated alteration—
- (a) requires the prior written consent of the Commission, and
- (b) cannot take effect if such consent has not been obtained.
- (2A) In considering whether to consent to an alteration falling within subsection (2) (a) the Commission must have regard to—
- (a) the purposes of the CIO when it was established, if and so far as they are reasonably ascertainable,
- (b) the desirability of securing that the purposes of the CIO are, so far as reasonably practicable, similar to the purposes being altered, and
- (c) the need for the CIO to have purposes which are suitable and effective in the light of current social and economic circumstances.
- “(1A) An amendment to a CIO’s constitution that makes a regulated alteration falling within section 226(2) (a) takes effect—
- (a) when it is registered by the Commission, or
- (b) if later, on the date specified for that purpose in the resolution containing the amendment.
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