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The Charity Commission’s Charities Act 2022; latest updates.

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06 Jun, 2023by Julie GibsonInformation, advice and guidance

Legislation for the Charities Act 2022 was given Royal Assent on 24th February 2022 and implementation is being led by the Department for Culture, Media and Sport (DCMS), working closely with colleagues in the Charity Commission and other government departments. Some provisions will require existing guidance to be updated, whilst other provisions may require new guidance to be prepared.

The aim is to activate the new provisions as quickly as possible whilst giving charities (and others that will be affected by the Act) time to properly prepare for any changes that will affect them.

An indicative timetable for implementation of the Charities Act 2022 (“the Act”), and the fulfilment of other commitments made by the government in response to the Law Commission’s Technical Issues in Charity Law report can be found here.

Different provisions are expected to come into force at different points until the end of 2023. The current intention is for the provisions to come into force in three groups, with information being made available in October 2022, June 2023 and the final updates by the end of 2023.

The information below provides short summaries of the changes that are due to come into effect in June 2023 and links to updated guidance for the changes that came into force on 31 October 2022 can be found here.

  • Selling, leasing or otherwise disposing of charity land; Charities must comply with certain legal requirements before they dispose of charity land. Disposal can include selling, transferring or leasing charity land. The Act will simplify some of these legal requirements.

  • Using permanent endowment; put simply, permanent endowment is property that your charity must keep rather than spend.
  • Charity names: The Commission can currently direct a charity to change its name if it is too similar to another charity’s name or is offensive or misleading.

     

An overview of the full changes can be found here. 

As different provisions come into force, links to any new and updated guidance will be provided on the Charity Commission’s Charities Act 2022 information page.