The Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010

• Citation: S.I. 2010/501
• Sections: 11

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010 and come into force immediately after section 11(3) of the Charities Act 2006 comes into force.

(2) In these Regulations—

“Culture Secretary” means the Secretary of State for Culture, Media and Sport;

“Environment Secretary” means the Secretary of State for Environment, Food and Rural Affairs;

“ HEFCE ” means the Higher Education Funding Council for England.

Section 2 Appointment of principal regulators of exempt charities: higher education institutions, Kew institutions and museum and gallery institutions

(1) HEFCE is prescribed as the principal regulator of any exempt charity—

(a) which is included in paragraph (a), (b), (c), (h) or (i) of Schedule 2 to the 1993 Act ; or

(b) which—

(i) is administered by or on behalf of an institution included in any of those paragraphs; and

(ii) falls within paragraph (w) of that Schedule.

(2) The Environment Secretary is prescribed as the principal regulator of any exempt charity—

(a) which is included in paragraph (n) of Schedule 2 to the 1993 Act; or

(b) which—

(i) is administered by or on behalf of the institution included in that paragraph; and

(ii) falls within paragraph (w) of that Schedule.

(3) The Culture Secretary is prescribed as the principal regulator of any exempt charity—

(a) which is included in paragraph (k), (l), (m), (o), (p), (q), (r), (s), (t), (u) or (v) of Schedule 2 to the 1993 Act;

(b) which—

(i) is administered by or on behalf of an institution included in any of those paragraphs; and

(ii) falls within paragraph (w) of that Schedule; or

(c) which is included in paragraph (za) of that Schedule.

Section 3 Transitional provision

(1) Until such time as section 11(9) of the Charities Act 2006 is brought into force for the purposes of inserting paragraphs (a) and (b) of Note 1 at the end of Schedule 2 to the 1993 Act , regulation 2 has effect subject to the following modifications.

(2) The references in regulation 2(1) to an exempt charity or institution which is included in paragraph (a) of Schedule 2 to the 1993 Act are to be treated as references to an exempt charity or institution (as the case may be) which—

(a) is included in that paragraph of that Schedule; but

(b) is not—

(i) an Investment Fund or Deposit Fund within the meaning of the Church Funds Investment Measure 1958 ; or

(ii) an investment fund or deposit fund within the meaning of the Methodist Church Funds Act 1960 .

Section 4 Definition of “responsible person”

(1) The definition of “responsible person” to be substituted, in accordance with section 10B(4) of the 1993 Act, for the definition in section 10A(7) of that Act is specified—

(a) in relation to HEFCE, in paragraph (2);

(b) in relation to the Environment Secretary, in paragraph (3);

(c) in relation to the Culture Secretary, in paragraph (4).

(2) “Responsible person” means a person who is or was—

(a) a member of HEFCE;

(b) a member of the staff of HEFCE;

(c) a person acting on behalf of HEFCE or a member of the staff of HEFCE; or

(d) a member of a committee established by HEFCE.

(3) “Responsible person” means a person who is or was—

(a) the Environment Secretary;

(b) acting on behalf of the Environment Secretary; or

(c) a member of a committee established by the Environment Secretary.

(4) “Responsible person” means a person who is or was—

(a) the Culture Secretary;

(b) acting on behalf of the Culture Secretary; or

(c) a member of a committee established by the Culture Secretary.

Section 5 Amendments

The Schedule (which contains amendments to disclosure provisions (within the meaning of section 10B of the 1993 Act) and other consequential amendments) has effect.

Section 1 Further and Higher Education Act 1992

(1) The Further and Higher Education Act 1992 is amended as follows.

(2) After section 69(1), insert—

(1A) Subsection (1) does not apply to any information which the Higher Education Funding Council for England receives in its capacity as principal regulator (within the meaning of section 13 of the Charities Act 2006).

(1B) Subsection (1A) does not prevent the Higher Education Funding Council for England disclosing information under section 10A of the Charities Act 1993.

Section 2 Education Act 1996

(1) The Education Act 1996 is amended as follows.

(2) After section 537B, insert—

Disclosure of information by or to principal regulators of exempt charities

(537C)

(1) Nothing in section 537, 537A or 537B above, nor any regulations made under those provisions, requires or authorises the provision of information—

(a) by the Higher Education Funding Council for England (“the Council”) if the information was received by the Council in its capacity as principal regulator (within the meaning of section 13 of the Charities Act 2006); or

(b) to the Council in its capacity as principal regulator.

(2) This section does not prevent the Council disclosing information under section 10A of the Charities Act 1993.

Section 3 Higher Education Act 2004

(1) Section 40 of the Higher Education Act 2004 (provision of information) is amended as follows.

(2) After subsection (1), insert—

(1A) Subsection (1) does not apply to any information which the Higher Education Funding Council for England receives in its capacity as principal regulator (within the meaning of section 13 of the Charities Act 2006).

(1B) Subsection (1A) does not prevent the Higher Education Funding Council for England disclosing information to the Director under section 10A of the Charities Act 1993.

(3) After subsection (2), insert—

(3) Subsection (2) does not apply to information which the Higher Education Funding Council for England requires for the purposes of its functions as principal regulator (within the meaning of section 13 of the Charities Act 2006).

Section 4 Further and Higher Education Act 1992

After section 79 of the Further and Higher Education Act 1992 insert—

Power to request information from higher education institutions that are exempt charities

(79A) The Higher Education Funding Council for England may direct any exempt charity in relation to which it is the principal regulator (within the meaning of section 13 of the Charities Act 2006) to provide it with such information as it considers necessary for the purpose of discharging its duty under subsection (2) of that section.

Section 5 Education Act 2005

In section 92 of the Education Act 2005 (joint exercise of functions) at the end insert—

(5) This section does not apply in relation to the functions of the Higher Education Funding Council for England in its capacity as principal regulator (within the meaning of section 13 of the Charities Act 2006).

Section 6 Natural Environment and Rural Communities Act 2006

In section 81(2) of the Natural Environment and Rural Communities Act 2006 (reserved functions) , after paragraph (g) insert—

(h) any function as principal regulator of an exempt charity (within the meaning of section 13 of the Charities Act 2006).