The Charitable Incorporated Organisations (General) Regulations 2012
| Jurisdiction | UK Non-devolved |
| Citation | SI 2012/3012 |
| Year | 2012 |
2012 No. 3012
Charities, England And Wales
The Charitable Incorporated Organisations (General) Regulations 2012
Made 5th December 2012
Laid before Parliament 10th December 2012
Coming into force 2nd January 2013
The Minister for the Cabinet Office makes the following Regulations in exercise of the powers conferred by sections 30(2)(c), 42(2)(c), 206(3), 207(2)(b), 223, 246 and 347(3) of the Charities Act 20111.
In accordance with section 348(4) of that Act the Minister has consulted such persons and bodies of persons as he considers appropriate.
PART 1
GENERAL
Citation and commencement
1. These Regulations may be cited as the Charitable Incorporated Organisations (General) Regulations 2012 and come into force on 2nd January 2013.
Interpretation: general
2. In these Regulations—
“the 2011 Act” means the Charities Act 2011;
“application for registration” means an application to be constituted and registered under section 207 of the 2011 Act;
“association CIO” means a CIO2which is not a foundation CIO;
“enactment” has the meaning given by section 245(4) of the 2011 Act;
“foundation CIO” means a CIO whose constitution provides that the same persons are to be its members and its charity trustees;
“provision for entrenchment” has the meaning given by regulation 15;
“service address” means, in relation to a person, an address at which—
(a) the service of documents can be effected by physical delivery; and
(b) the delivery of documents is capable of being recorded by the obtaining of an acknowledgment of delivery.
Interpretation: bodies corporate and associated bodies corporate
3. For the purposes of these Regulations—
(a) “body corporate” includes a body incorporated outside the United Kingdom but does not include—
(i) a corporation sole; or
(ii) a partnership that, whether or not a legal person, is not regarded as a body corporate under the law by which it is governed;
(b) bodies corporate are associated if—
(i) one is a subsidiary of the other; or
(ii) both are subsidiaries of the same body corporate,
and for these purposes “subsidiary” has the meaning given by section 1159 of, and Schedule 6 to, the Companies Act 20063with the substitution, in relation to CIOs, of references to charity trustees for references to directors.
Interpretation: hard copy, electronic form and related expressions
4.—(1) The following provisions apply for the purposes of these Regulations.
(2) A document or information is sent or supplied in hard copy form if it is sent or supplied in a paper copy or similar form capable of being read and references to “hard copy” in these Regulations have a corresponding meaning.
(3) A document or information is sent or supplied in electronic form if it is sent or supplied—
(a)
(a) by electronic means (for example, by e-mail or fax); or
(b)
(b) by any other means whilst in electronic form (for example, sending a disk by post).
(4) A document or information is sent or supplied by electronic means if it is—
(a)
(a) sent initially and received at its destination by means of electronic equipment for the processing (which expression includes digital compression) or storage of data; and
(b)
(b) entirely transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means,
and references to “electronic means” in these Regulations have a corresponding meaning.
(5) A document or information authorised or required to be sent or supplied in electronic form must be sent or supplied in a form, and by a means, that the sender or supplier reasonably considers will enable the recipient—
(a)
(a) to read it; and
(b)
(b) to retain a copy of it.
(6) For the purposes of this regulation, a document or information can be read only if—
(a)
(a) it can be read with the naked eye; or
(b)
(b) to the extent that it consists of images (for example, photographs, pictures, maps, plans or drawings), it can be seen with the naked eye.
(7) The provisions of this regulation apply whether the provision of these Regulations in question uses the words “sent” or “supplied” or uses other words (such as “deliver”, “provide” “produce”, “transmit” or, in the case of notice, “give”) to refer to the sending or supplying of a document or information.
PART 2
REGISTRATION
CIO not to be exempt
5. No application may be made for a CIO to be constituted and registered where the resulting charity would be an exempt charity.
Application of registration provisions in 2011 Act
6.—(1) In their application to CIOs the following provisions of the 2011 Act are to be read subject to the modifications specified.
(2) In section 29 of that Act (the register)—
(a)
(a) in subsection (2)(a) for “charity registered in accordance with section 30” substitute “CIO”;
(b)
(b) in subsection (2)(b) before “such other particulars” insert ” in addition to any particulars and information required to be included by any other provision of this Act or of regulations made under it,”.
(3) Sections 30 to 34 of that Act do not apply.
(4) In section 35 of that Act (duties of trustees in connection with registration)—
(a)
(a) subsections (1) and (2) do not apply;
(b)
(b) for subsection (3) substitute—
“3 The charity trustees of a CIO must within 28 days—
(a) notify the Commission if there is any change in the particulars of the CIO entered in the register; and
(b) so far as appropriate, supply the Commission with particulars of any such change.”.
(5) In section 36 of that Act (claims and objections to registration)—
(a)
(a) in subsection (1) for “registration of an institution as a charity” substitute “registration of a CIO”;
(b)
(b) in subsection (3)(b) after “an institution from the register” insert—
“, or
(c)
(c) to restore a CIO to the register”.
(6) In section 38 of that Act (right to inspect register) for subsection (4) substitute—
“4 Copies of the constitution of any CIO as supplied to the Commission must, so long as the CIO remains on the register—
(a) be kept by the Commission, and
(b) be open to public inspection at all reasonable times.”.
Applications for registration: communications with Commission
7.—(1) This regulation applies in relation to any requirement for applicants to send documents or information to the Commission under section 207 of the 2011 Act (application for CIO to be constituted and registered)4.
(2) The Commission may—
(a)
(a) require the contents of the document to be in a standard form;
(b)
(b) require the document to be produced in the manner the Commission considers fit for the purpose of enabling that document to be scanned or copied;
(c)
(c) require the document to be authenticated by a particular person or persons of a particular description;
(d)
(d) where a requirement is imposed under sub-paragraph (c), specify the means of authentication;
(e)
(e) specify the means to be used for sending the document to the Commission (for example by post or by electronic means);
(f)
(f) where the document is to be sent by electronic means, specify—
(i) the hardware or software to be used; and
(ii) the requirements as to the technical specifications including protocol, security, anti-virus protection and encryption.
(3) Any requirements imposed by the Commission under this regulation—
(a)
(a) must not be inconsistent with requirements imposed by any enactment as to the form, authentication or manner of sending the document concerned; and
(b)
(b) must be published by the Commission in such manner as it thinks fit.
(4) Where a document or information is sent or supplied by the applicants by electronic means, it may only be sent or supplied to an address specified for the purpose by the Commission.
(5) If the applicants send or supply a document or information to the Commission in electronic form—
(a)
(a) the applicants are treated as having agreed to accept a response in electronic form; and
(b)
(b) where the document or information is sent or supplied by the applicants by electronic means from an electronic address, or the applicants have given such an address in the document or information (subject to any limitations specified when providing that address), the applicants are treated as having agreed to the response being sent by electronic means to that address.
Applications for registration: information to be included
8. In a case where one or more persons makes an application for registration and the proposed constitution of the CIO includes provision for entrenchment, the applicants must specify that fact in the application.
Applications for amalgamation: information to be included
9. In a case where two or more CIOs make an application for amalgamation and the proposed constitution of the new CIO includes provision for entrenchment, the old CIOs must specify that fact in the application.
Transfer of accounting records on amalgamation
10.—(1) The charity trustees of each old CIO must, on registration of the new CIO, transfer the relevant accounting records to the charity trustees of the new CIO.
(2) In paragraph (1) “relevant accounting records” means the accounting records which the charity trustees of the old CIO were, immediately before the registration of the new CIO, under a duty to preserve under section 131 of the 2011 Act (preservation of accounting records).
(3) On transfer of the records in accordance with paragraph (1), the charity trustees of the old CIO shall be treated as having discharged their duty under section 131.
To continue reading
Request your trial