http://www.legislation.gov.uk/id/uksi/2010/501

http://www.legislation.gov.uk/uksi/2010/501/schedules/made

The Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010

Charities

Disclosure

Rural communities

King's Printer of Acts of Parliament

2017-07-03

CHARITIES, ENGLAND AND WALES

These Regulations prescribe, in relation to certain exempt charities, the body or Minister of the Crown which is to act as the principal regulator of those charities (regulation 2). Exempt charities are those charities comprised in Schedule 2 to the Charities Act 1993 (“the 1993 Act”). The principal regulator of an exempt charity must do all it or he reasonably can to meet the compliance objective specified in section 13 of the Charities Act 2006 in relation to that charity.

The Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010

reg. 1

The Higher Education and Research Act 2017 (Consequential, Transitional, Transitory and Saving Provisions) Regulations 2018

reg. 25(a)(i)

reg. 2

reg. 1(1)

The Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010

reg. 1

The Higher Education and Research Act 2017 (Consequential, Transitional, Transitory and Saving Provisions) Regulations 2018

reg. 25(a)(ii)

reg. 2

reg. 1(1)

The Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010

reg. 2(1)

The Higher Education and Research Act 2017 (Consequential, Transitional, Transitory and Saving Provisions) Regulations 2018

reg. 25(b)

reg. 2

reg. 1(1)

The Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010

reg. 4

The Higher Education and Research Act 2017 (Consequential, Transitional, Transitory and Saving Provisions) Regulations 2018

reg. 25(c)

reg. 2

reg. 1(1)

The Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010

reg. 1(2)

The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023

Sch.

para. 53

art. 17

art. 1(2)

The Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010

reg. 1(2)

The Transfer of Functions (Secretary of State for Digital, Culture, Media and Sport) Order 2017

Sch.

para. 9

art. 7

art. 1(2)

The Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010

reg. 1(2)

The Transfer of Functions (Secretary of State for Culture, Media and Sport) Order 2012

Sch.

para. 7

art. 6

art. 1(2)

The Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2009

SCHEDULEAMENDMENTS

Regulation 5

PART 1AMENDMENTS TO DISCLOSURE PROVISIONS

Further and Higher Education Act 19921

1

The Further and Higher Education Act 19927 is amended as follows.

2

After section 69(1), insert—

1A
Subsection (1) does not apply to any information which the Higher Education Funding Council for England receives in its capacity as principal regulator (within the meaning of section 13 of the Charities Act 2006).
1B
Subsection (1A) does not prevent the Higher Education Funding Council for England disclosing information under section 10A of the Charities Act 1993.

Education Act 19962

1

The Education Act 19968 is amended as follows.

2

After section 537B, insert—

Disclosure of information by or to principal regulators of exempt charities537C
1
Nothing in section 537, 537A or 537B above, nor any regulations made under those provisions, requires or authorises the provision of information—
a
by the Higher Education Funding Council for England (“the Council”) if the information was received by the Council in its capacity as principal regulator (within the meaning of section 13 of the Charities Act 2006); or
b
to the Council in its capacity as principal regulator.
2
This section does not prevent the Council disclosing information under section 10A of the Charities Act 1993.

Higher Education Act 20043

1

Section 40 of the Higher Education Act 20049 (provision of information) is amended as follows.

2

After subsection (1), insert—

1A
Subsection (1) does not apply to any information which the Higher Education Funding Council for England receives in its capacity as principal regulator (within the meaning of section 13 of the Charities Act 2006).
1B
Subsection (1A) does not prevent the Higher Education Funding Council for England disclosing information to the Director under section 10A of the Charities Act 1993.

3

After subsection (2), insert—

3
Subsection (2) does not apply to information which the Higher Education Funding Council for England requires for the purposes of its functions as principal regulator (within the meaning of section 13 of the Charities Act 2006).

PART 2CONSEQUENTIAL AMENDMENTS

Further and Higher Education Act 19924

After section 79 of the Further and Higher Education Act 1992 insert—

Power to request information from higher education institutions that are exempt charities79A
The Higher Education Funding Council for England may direct any exempt charity in relation to which it is the principal regulator (within the meaning of section 13 of the Charities Act 2006) to provide it with such information as it considers necessary for the purpose of discharging its duty under subsection (2) of that section.

Education Act 20055

In section 92 of the Education Act 200510 (joint exercise of functions) at the end insert—

5
This section does not apply in relation to the functions of the Higher Education Funding Council for England in its capacity as principal regulator (within the meaning of section 13 of the Charities Act 2006).

Natural Environment and Rural Communities Act 20066

In section 81(2) of the Natural Environment and Rural Communities Act 2006 (reserved functions)11, after paragraph (g) insert—

h
any function as principal regulator of an exempt charity (within the meaning of section 13 of the Charities Act 2006).