Search Legislation

Advanced Search

Charities Act 2022

Status:

This is the original version (as it was originally enacted).

16Power of Commission etc to authorise ex gratia payments etc

This section has no associated Explanatory Notes

In section 106 of the Charities Act 2011 (power of Commission to authorise ex gratia payments etc)—

(a)for subsection (1) substitute—

“(1)The Commission, the Attorney General or the court may authorise the charity trustees of a charity to take any action falling within subsection (2)(a) or (b) in a case where the charity trustees—

(a)(apart from by virtue of this section or section 331A) have no power to take the action, but

(b)in all the circumstances could reasonably be regarded as being under a moral obligation to take it.

(1A)In relation to a charity established by (or whose purposes or functions are set out in) legislation, subsection (1) is not disapplied only because the legislation concerned prohibits application of property of the charity otherwise than as set out in the legislation.

(1B)In subsection (1A) “legislation” means—

(a)an Act of Parliament;

(b)an Act or Measure of Senedd Cymru;

(c)subordinate legislation (within the meaning of the Interpretation Act 1978) made under an Act of Parliament;

(d)an instrument made under an Act or Measure of Senedd Cymru; or

(e)a Measure of the Church Assembly or of the General Synod of the Church of England.”;

(b)in subsection (3), after second “Commission” insert “by order and”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources