The Charities Act 2011 (Principal Regulators of Exempt Charities) Regulations 2013

• Citation: S.I. 2013/1764
• Sections: 5

Section 1 Citation and commencement

These Regulations may be cited as the Charities Act 2011 (Principal Regulators of Exempt Charities) Regulations 2013 and come into force on 1st September 2013.

Section 2 Interpretation

In these Regulations—

“ 2022 Act ” means the Tertiary Education and Research (Wales) Act 2022;

“ CTER ” means the Commission for Tertiary Education and Research established pursuant to section 1 of the 2022 Act;

“further education corporation” has the same meaning as in the Further and Higher Education Act 1992 .

Section 3 Appointment of principal regulator: exempt charities in further education sector in England

The Secretary of State for Education is prescribed as the principal regulator of any exempt charity which is—

(a) a further education corporation in England;

(b) an institution which is—

(i) administered by or on behalf of a further education corporation in England, and

(ii) established for the general purposes of, or for any special purpose of or in connection with, that further education corporation.

Section 4 Appointment of principal regulator: exempt charities in further education sector in Wales

CTER is prescribed as the principal regulator of—

(a) the governing body of Saint David’s Catholic College (“the College”) ;

(b) any institution which is—

(i) administered by or on behalf of that governing body, and

(ii) established for the general purposes of, or any special purpose of or in connection with, the governing body or the College;

(c) any exempt charity which is—

(i) a further education corporation in Wales;

(ii) an institution which is—

(aa) administered by or on behalf of a further education corporation in Wales, and

(bb) established for the general purposes of, or for any special purpose of or in connection with, that further education corporation.

Section 5 Definition of “responsible person”

(1) In its application to the Secretary of State for Education as principal regulator of an exempt charity by virtue of these Regulations, section 57 of the Charities Act 2011 has effect as if, for the definition of “responsible person” in subsection (8), there were substituted—

“responsible person” means a person who is or was—

the Secretary of State for Business, Innovation and Skills;

acting on behalf of the Secretary of State for Business, Innovation and Skills; or

a member of a committee established by the Secretary of State for Business, Innovation and Skills.

(2) In its application to CTER as principal regulator of an exempt charity by virtue of these Regulations, section 57 of the Charities Act 2011 has effect as if, for the definition of “responsible person” in subsection (8), there were substituted—

“ responsible person ” means a person who is or was—

a member of CTER,

an associate member of CTER,

a member of staff of CTER,

a person acting on behalf of—

CTER, or

a member of staff of CTER,

a member of a committee established by CTER,

a member of the Research and Innovation Committee of CTER formed under paragraph 11(1) of Schedule 1 to the 2022 Act, or

a member of a sub-committee established under paragraph 11(7)(a) of that Schedule.