The Charitable Incorporated Organisations (Consequential Amendments) Order 2012

• Citation: S.I. 2012/3014
• Sections: 8

Section 1 Citation and commencement

This Order may be cited as the Charitable Incorporated Organisations (Consequential Amendments) Order 2012 and comes into force on the twenty eighth day after the day on which it is made.

Section 2 Amendment of the Company Directors Disqualification Act 1986

Before section 23 of the Company Directors Disqualification Act 1986 insert—

Application of Act to charitable incorporated organisations

(22F)

(1) This Act applies to charitable incorporated organisations (“ CIOs ”) as it applies to companies.

(2) Accordingly, in this Act—

(a) references to a company are to be read as including references to a CIO ;

(b) references to a director or an officer of a company are to be read as including references to a charity trustee of a CIO; and

(c) any reference to the Insolvency Act 1986 is to be read as including a reference to that Act as it applies to CIOs .

(3) As they apply in relation to CIOs, the provisions of this Act have effect with the following modifications—

(a) in section 2(1) , the reference to striking off is to be read as including a reference to dissolution;

(b) in section 4(1)(a) , the reference to an offence under section 993 of the Companies Act 2006 is to be read as including a reference to an offence under regulation 60 of the Charitable Incorporated Organisations (General) Regulations 2012 (fraudulent trading);

(c) sections 9A to 9E are to be disregarded;

(d) references to any of sections 9A to 9E are to be disregarded;

(e) references to a shadow director are to be disregarded.

(4) In the application of Schedule 1 to the charity trustees of a CIO, references to the provisions of the Companies Act 2006 are to be read as including references to the corresponding provisions (if any) of the Charities Act 2011 and regulations made under that Act.

(5) In this section “charity trustees” has the meaning given by section 177 of the Charities Act 2011.

Section 3 Amendments of the Employment Rights Act 1996

At the end of section 166 of the Employment Rights Act 1996 (unpaid redundancy payments: applications to the Secretary of State) insert—

(9) In this section—

(a) references to a company are to be read as including references to a charitable incorporated organisation, and

(b) any reference to the Insolvency Act 1986 in relation to a company is to be read as including a reference to that Act as it applies to charitable incorporated organisations.

Section 4 Amendments of the Employment Rights Act 1996

At the end of section 183 of that Act (insolvency of employer) insert—

(5) In this section—

(a) references to a company are to be read as including references to a charitable incorporated organisation, and

(b) any reference to the Insolvency Act 1986 in relation to a company is to be read as including a reference to that Act as it applies to charitable incorporated organisations.

Section 5 Amendments of the Charities Act 2011

In section 180 of the Charities Act 2011 (disqualification: exceptions in relation to charitable companies)—

(a) in subsection (1)—

(i) after “charitable company” insert “or a CIO”; and

(ii) after “director of the company” insert “or charity trustee of the CIO (as the case may be)”;

(b) in subsection (2)—

(i) after “charitable company” insert “or a CIO”; and

(ii) after “director of the company” insert “or charity trustee of the CIO (as the case may be)”.

Section 6 Amendments of the Charities Act 2011

In section 181 of that Act (power to waive disqualification), in subsection (5)—

(a) after “charitable company” insert “or CIO”;

(b) in paragraph (a), after “director of the company” insert “or charity trustee of the CIO (as the case may be)”; and

(c) in paragraph (b), for “director of any other company” substitute “director of any company or charity trustee of any CIO”.

Section 7 Amendments of the Charities Act 2011

In section 183 of that Act (criminal consequences of acting while disqualified), in subsection (2)(a) after “company” insert “or a CIO”.

Section 8 Amendments of the Charities Act 2011

In the Table in Schedule 6 to that Act (appeals and applications to Tribunal), after the entry relating to a decision of the Commission under section 242 of the Act to refuse to confirm a resolution passed by a CIO insert—

The persons are—

the CIO,

the charity trustees of the CIO, or the persons who were or claim to have been the charity trustees of the CIO immediately before it was dissolved,

any creditor of the CIO, and

any other person who is or may be affected by the decision.

The persons are—

the CIO,

the charity trustees of the CIO, and

any other person who is or may be affected by the decision.

Power to—

quash the decision and (if appropriate) remit the matter to the Commission,

direct the Commission to grant the application.

The persons are—

the persons who were or claim to have been the charity trustees of the CIO immediately before it was dissolved,

any creditor of the CIO, and

any other person who is or may be affected by the decision.

The persons are—

the persons who were or claim to have been the charity trustees of the CIO immediately before it was dissolved,

any creditor of the CIO, and

any other person who is or may be affected by the decision.

The persons are—

the persons who were or claim to have been the charity trustees of the CIO immediately before it was dissolved,

the liquidator of the CIO (if any),

any creditor of the CIO, and

any other person who is or may be affected by the decision.

The persons are—

the persons who were or claim to have been the charity trustees of the CIO immediately before it was dissolved, and

any other person who is or may be affected by the order.

Power to—

quash the order in whole or in part and (if appropriate) remit the matter to the Commission,

substitute for all or part of the order any other order which could have been made by the Commission,

add to the order anything which could have been included in an order made by the Commission.

The persons are—

the persons who were or claim to have been the charity trustees of the CIO immediately before it was dissolved, and

any other person who is or may be affected by the order.

Power to—

quash the order in whole or in part and (if appropriate) remit the matter to the Commission,

substitute for all or part of the order any other order which could have been made by the Commission,

add to the order anything which could have been included in an order made by the Commission.

The persons are—

the persons who were or claim to have been the charity trustees of the CIO immediately before it was dissolved, and

any other person who is or may be affected by the decision.

Power to quash the decision and (if appropriate)—

remit the matter to the Commission,

direct the Commission to rectify the register.