On 24 May the Department for Culture, Media and Sport (DCMS) announced a new timeline for the implementation of the remaining provisions of the Charities Act 2022 that are not yet in force. We have been waiting all through Spring 2023 for the much awaited changes. Exact dates will be published as soon as DCMS is able.
We now know that the following sections will come into force in June:
The capital threshold for releasing permanent endowment without Charity Commission consent will be raised to £25,000 – and the £1,000 income threshold abolished.
Changes to advertising requirements and widening the permitted group of advisors beyond qualified surveyors.
Working names will be granted the same protection as registered names. The Commission has a new power to delay registering a charity that has applied to be registered with an unsuitable name.
For more detail about these changes see our blog
The majority of remaining sections will come into force by the end of 2023. Changes include:
- Charity constitutions – wide ranging changes relating to constitutional amendments for charitable companies, CIOs, trusts and unincorporated associations.
- Powers relating to appointments of trustees
The Commission will have a new power to ratify the appointment of a trustee where there is any uncertainty or defect in their appointment.
- Remuneration etc of charity trustees
Trustees will be able to be paid for providing both goods and services, rather than only ‘goods supplied in connection with services’.
Gifts to a charity which has merged will be able to take effect to the new charity even where the gift is expressed to only take effect if the charity is in existence.
The implementation of a number of sections has been delayed until 2025, although included in the third tranche. This is to give the Land Registry time to prepare.
• Charity land
Changes to exceptions to restrictions on dispositions or mortgages of charity land.
• Amendments of the Universities and College Estates Act 1925
Repealing the detailed provisions in UCEA 1925 and giving universities and colleges to which it applies all the powers over their land of an absolute owner. Disposals of such land will be subject to charity law rules.
Mills & Reeve’s Charity Team will bring further updates about the Charities Act 2022 in due course and would be very happy to answer any questions you may have about the changes.
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