The Regulator for Charities in England and Wales


OPERATIONAL GUIDANCE

EXEMPT CHARITIES

OUR POWERS IN RELATION TO EXEMPT CHARITIES

OG 57 C5-01 March 2000


Divisional responsibility

For action:

Charity Support Division
Investigation Division

For information:

Registration Division
Charity Database Division


Meaning of expressions - list of Glossary terms used in this Guidance
Index to further related information

 

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The law Refer to a lawyer Refer to an accountant
   

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We are able to take action in relation to exempt charities under the following provisions of the 1993 Act. We may:

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  • s.16: make Schemes both for:

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  • the application of property cy-près; and

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  • the administration of a charity;

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  • ss.16 and 21: make Orders to vest land in the Official Custodian for Charities;
 

(NB: we cannot make Schemes under s.16(6)) ( see OG 57 C4)

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  • s.17: settle Schemes for charities governed by Act of Parliament;

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  • s17: make Schemes to establish common investment funds;

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  • s.24: make Schemes to establish common deposit funds;

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  • s.26: make Orders to sanction actions which are in the interests of the charity but not within the trustees' existing powers;

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  • s.27: authorise ex-gratia payments;

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  • s.29: provide advice

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  • s.30: accept documents for safe keeping;

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  • s.31: order taxation of solicitors' bills;

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  • s.32: take legal proceedings with reference to a charity or its property or affairs;

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  • ss.50, 56, 58 and 61: grant, amend, enforce and dissolve, certificates of incorporation of trustees where appropriate;

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  • ss.63-69: take certain action in relation to charitable companies;

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  • s.72: waive the disqualification of a trustee.

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The following words and phrases are defined in the Glossary of Terms:

 

the trustees


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