The Charities Act 2011 (c. 25) is an act of the Parliament of the United Kingdom that consolidated the bulk of the Charities Act 2006, outstanding provisions of the Charities Act 1993, and various other enactments.Charities Act 2011: Introductory Text
Repeals
Legislation repealed or revoked in its entirety by the Charities Act 2011 included Recreational Charities Act 1958 (6 & 7 Eliz. 2. c. 17), Charities Act 1993, Charities (Amendment) Act 1995, (SI 1995/2696), (SI 2008/527), and (SI 2011/1396).
Amendments were made to other legislation.SCHEDULE 10 Charities Act 2011 It replaced most of the (c. 41) and Charities Act 2006 (c. 50).
Independent examination Section 145(1)(a) allowed for charities' financial accounts to be independently examined where a full audit is not required. An "independent examiner" is a person not connected to the charity who is "reasonably believed by the trustees to have the requisite ability and practical experience to carry out a competent examination of the accounts".Charity Finance Directors' Group, Independent Examination "update on Good Practice", accessed 15 November 2023
Social investment by charities
Additional provisions were added by the (c. 4) granting a "general power" to charities to make "social investments", that is actions undertaken both to further the organisation's charitable aims and to make a financial surplus. In this context a charity's actions do not need to be financial "investments" as the term would generally be understood.Charities Act 2011, section 292A, added by section 15 of the Charities (Protection and Social Investment) Act 2016, granted royal assent on 16 March 2016, accessed 5 November 2023
Repealed enactments Section 354(4) of the act provides that Schedule 10 contains repeals and revocations. The schedule lists 27 acts, one Church of England measure, and 21 statutory instruments.
Citation Short title Extent of repeal or revocation Acts 6 & 7 Eliz. 2. c. 17 Recreational Charities Act 1958 The whole act. 1992 c. 41 Charities Act 1992 In Schedule 6, paragraphs 1, 3 to 8, 13(1) and (3) and 14 to 16. 1993 c. 10 Charities Act 1993 The whole act. 1993 c. 38 Welsh Language Act 1993 Sections 32 and 33. 1994 c. 19 Local Government (Wales) Act 1994 In Schedule 16, paragraph 101. 1994 c. 40 Deregulation and Contracting Out Act 1994 Section 29(1) to (6).Section 30.In Schedule 11, paragraph 12. 1995 c. 48 Charities (Amendment) Act 1995 The whole act. 1996 c. 47 Trusts of Land and Appointment of Trustees Act 1996 In Schedule 3, paragraph 26. 1996 c. 56 Education Act 1996 In Schedule 37, paragraphs 119 and 121. 1997 c. 44 Education Act 1997 In Schedule 7, paragraph 7. 1998 c. 11 Bank of England Act 1998 In Schedule 5, paragraph 42. 1998 c. 31 School Standards and Framework Act 1998 In Schedule 30, paragraph 49. 2000 c. 39 Insolvency Act 2000 In Schedule 4, paragraph 18. 2002 c. 9 Land Registration Act 2002 In Schedule 11, paragraph 29. 2003 c. 17 Licensing Act 2003 In section 16(3), the definition of "charity". 2004 c. 33 Civil Partnership Act 2004 In Schedule 21, paragraph 38.In Schedule 27, paragraph 147. 2006 c. 43 National Health Service (Consequential Provisions) Act 2006 In Schedule 1, paragraphs 160 to 162. 2006 c. 46 Companies Act 2006 Section 181(4).Section 226. 2006 c. 50 Charities Act 2006 Sections 1 to 9 and 11 to 44.In section 74, in subsection (4), paragraphs (a) and (b) and in paragraph (e) "76 or", in subsection (5) "(a), (b)," and subsection (6).Section 76.In section 78, in subsection (2), paragraph (a) and the words following paragraph (c), subsection (3) and, in subsection (4)(c), "6(5) or".In section 79(1), paragraph (a) and in paragraph (g) the words from "paragraph 104" to "paragraph 174(d)".In section 80 subsections (3)(a), (b) and (d) (but not the "and" following it), (4), (5)(a) to (c) and (e) (but not the "and" following it), (6) and (8) and in subsection (9) "also" and paragraph (a) (together with the "or" following it).Schedules 1, 2 and 4 to 7.In Schedule 8, paragraphs 1, 2, 6, 8, 13(4), 30, 33(3), 37(3), 39, 50 to 52, 54, 55, 57, 59, 61, 65, 69, 73, 77(3), 80(5)(d) (together with the "and" preceding it), (6) to (8), 83(3) and (4), 85 to 88, 90(4), 96 to 178, 180, 181(4) and (5), 191, 192(4), 193 to 195, 198, 199, 204 to 207, 210(b) (together with the "and" following it) and (c) and 212.In Schedule 10, paragraphs 1 to 14, 17 to 20, 23(a), (b) and (d) (together with the "or" preceding it), 24 and 26. 2007 c. 3 Income Tax Act 2007 In section 558, under the heading "Type 3", the word "or" preceding paragraph (b).In Schedule 1, paragraph 353. 2007 c. 15 Tribunals, Courts and Enforcement Act 2007 In Schedule 16, paragraph 7. 2007 c. 25 Further Education and Training Act 2007 In Schedule 1, paragraph 8. 2007 c. 28 Local Government and Public Involvement in Health Act 2007 In Schedule 9, paragraph 1(2)(i). 2008 c. 13 Regulatory Enforcement and Sanctions Act 2008 In Schedule 3, "Charities Act 1993 (c. 10), sections 76 to 78". 2009 c. 22 Apprenticeships, Skills, Children and Learning Act 2009 In Schedule 12, paragraph 8. 2010 c. 4 Corporation Tax Act 2010 In section 511, under the heading "Type 3", the word "or" preceding paragraph (b).In Schedule 1, paragraphs 273 to 275 and 491 to 493. 2010 c. 32 Academies Act 2010 Section 12(4). Church Measures 2000 No. 1 Church of England (Miscellaneous Provisions) Measure 2000 Section 11. Statutory instruments SI 1994/1935 Companies Act 1985 (Audit Exemption) Regulations 1994 In Schedule 1, paragraphs 6 and 7. SI 1995/2696 Charities Act 1993 (Substitution of Sums) Order 1995 The whole order. SI 2001/3649 Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 Article 339. SI 2004/1941 Insolvency Act 2000 (Company Directors Disqualification Undertakings) Order 2004 In the Schedule, paragraph 5. SI 2005/1074 Regulatory Reform (National Health Service Charitable and Non-Charitable Trust Accounts and Audit) Order 2005 Article 3. SI 2005/3239 Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 In Schedule 1, paragraph 4. SI 2006/242 Charities and Trustee Investment (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2006 In the Schedule, paragraph 6. SI 2006/1722 Enterprise Act 2002 (Disqualification from Office: General) Order 2006 In Schedule 2, paragraph 4. SI 2006/2951 Transfer of Functions (Third Sector, Communities and Equality) Order 2006 In the Schedule, paragraph 4. SI 2007/2194 Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 In Schedule 4, paragraphs 78 to 82. SI 2008/527 Charities Act 2006 (Charitable Companies Audit and Group Accounts Provisions) Order 2008 The whole order. SI 2008/948 Companies Act 2006 (Consequential Amendments etc.) Order 2008 In Schedule 1, paragraphs 1(rr), 17 and 192.In Schedule 3, paragraphs 7 to 12. SI 2009/508 Charities Acts 1992 and 1993 (Substitution of Sums) Order 2009 Articles 7 to 11. SI 2009/1834 Transfer of Functions of the Charity Tribunal Order 2009 In Schedule 1, paragraphs 6 to 15. SI 2009/1941 Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 In Schedule 1, paragraph 139. SI 2009/3348 Legal Services Act 2007 (Consequential Amendments) Order 2009 Article 4. SI 2010/500 Charities Act 2006 (Changes in Exempt Charities) Order 2010 Article 2.In Schedule 1, paragraphs 3 and 4. SI 2010/588 Income Tax Act 2007 (Amendment) Order 2010 Article 4. SI 2010/866 Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 In Schedule 2, paragraph 78. SI 2011/1396 Charities (Pre-consolidation Amendments) Order 2011 The whole order. SI 2011/1725 Charities Act 2006 (Changes in Exempt Charities) Order 2011 Article 2.In the Schedule, paragraphs 1 to 4.
Further amendments The Charities Act 2022 introduced further changes to the Charities Act 2011. These included changes relating to failed appeals and cy-pres powers, provisions modifying the regime for amending the governing documents of some types of charity, and updating the law relating to ex gratis payments.
See also English trust law Charitable trusts in English law
Notes
References
Bibliography JE Martin, Hanbury & Martin: Modern Equity (19th edition, Sweet & Maxwell 2012) ch 15
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