Academies and charities regulation

January 6th, 2011

S 12(4) of the Academies Act 2010 amends the Charities Act 1993 by adding qualifying academy proprietors to the list of exempt charities in Schedule 2 to the 1993 Act.  S 12(4) was due to come into effect on 1st January 2011 – see art 4 of the Academies Act 2010 (Commencement and Transitional Provisions) Order 2010. However, this provision of the 2010 Order was revoked by the Academies Act 2010 (Commencement and Transitional Provisions) (Amendment) Order 2010 on 22nd December 2010.  The explanatory note to the Amendment Order says:-

“This Order amends Schedule 3 to the Academies Act 2010 (Commencement and Transitional Provisions) Order 2010 by revoking the commencement of section 12(4), due to come into force on 1st January 2011.

Section 12(4) amends Schedule 2 to the Charities Act 1993 (exempt charities) to add a qualifying Academy proprietor to the list of exempt charities. An exempt charity does not need to register with the Charity Commission and is regulated, in the first instance, by its principal regulator (appointed by regulations made under section 13(4) Charities Act 2006). The Order has the effect of preserving the Charity Commission’s power to act for the protection of academy proprietors as charities under section 18 of the Charities Act 1993. At the point at which a principal regulator is appointed for Academy proprietors, section 12(4) will be brought into force.”

Peter Oldham QC

 

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