Charities Act 2011: Implementation of second tranche of 2022 updates

June 15, 2023

Charities Act 2011: Implementation of second tranche of 2022 updates including property and charity names

Further to our last update on 25 May concerning the implementation of the second tranche of updates under the Charities Act 2022, the Government have [Wednesday morning] confirmed that the date from which these changes are implemented is Wednesday 14 June. These provisions are, therefore now in force!

The key provisions implemented are:

  • Sections 9 to 14 and 35(a) on permanent endowments.
  • Sections 17 and 19 to 22 on charity land.
  • Sections 25 to 28 on charity names.
  • Sections 38 and 39 on the definition of connected persons.

Key changes still to be implemented further information can be found here

  • Permanent endowments
  • Disposing of charity land
  • Charity names
  • Connect persons

Tranche 3 and further implementation of changes

The implementation plan has also been updated to confirm the third and final tranche of updates is now expected to come in to force by the end of 2023 (rather than autumn 2023 as previously expected).

Importantly, this will include the following provisions on charity land which we had expected to see in the June update:

  • Section 18 on exceptions to restrictions on disposing of or mortgaging charity land (including dispositions and mortgages in insolvency cases).
  • Section 23 on making changes to information that must be included in statements and certificates for disposals and mortgages of charity land.

It should be noted that quite a number of aspects of the Charities Act 2022 have yet to be implemented and some have no timescale at all. In particular, changes to ex gratia payments continue to be delayed and there is no certainty as to likely timescales. It is important that until implementation charities should continue to operate under the existing framework. ILM are in discussion with the DCMS on this issue and will update members as soon as they can.

Please take a look at Foot Anstey article and link to guidance below for more details on these changes and feel free to get in touch with Foot Anstey if you have any queries:

Charities Act 2011: Implementation of second tranche of 2022 updates including property and charity names | Foot Anstey

[Link to guidance]

Anna Phillips, Aiden Wiffen and Andrew Mackie Foot Anstey LLP