PART 1Purposes, powers and governing documents

Charitable incorporated organisations

I1I22Amendments to constitution of CIOs

1

The Charities Act 2011 is amended as follows.

2

In section 226 (amendment of constitution and Commission’s consent)—

a

for subsection (1) substitute—

1

An amendment to a CIO’s constitution which would make a regulated alteration—

a

requires the prior written consent of the Commission, and

b

cannot take effect if such consent has not been obtained.

b

after subsection (2) insert—

2A

In considering whether to consent to an alteration falling within subsection (2)(a) the Commission must have regard to—

a

the purposes of the CIO when it was established, if and so far as they are reasonably ascertainable,

b

the desirability of securing that the purposes of the CIO are, so far as reasonably practicable, similar to the purposes being altered, and

c

the need for the CIO to have purposes which are suitable and effective in the light of current social and economic circumstances.

3

In section 227 (registration and coming into effect of amendments)—

a

after subsection (1) insert—

1A

An amendment to a CIO’s constitution that makes a regulated alteration falling within section 226(2)(a) takes effect—

a

when it is registered by the Commission, or

b

if later, on the date specified for that purpose in the resolution containing the amendment.

1B

Any other amendment to a CIO’s constitution takes effect (whatever the date on which the amendment is registered by the Commission)—

a

on the date the resolution containing it is passed, or

b

if a later date is specified for that purpose in the resolution containing the amendment, on that later date.

1C

Subsections (1A) and (1B) are subject to section 226(1).

b

omit subsections (2) to (5).