Academy proprietors as charities

January 4th, 2011

The Academies Act 2010 (Commencement and Transitional Provisions) (Amendment) Order 2010, SI 2010/3037, pursuant to Section 19(2) of the Academies Act 2010 (the 2010 Act), amends the Academies Act 2010 (Commencement and Transitional Provisions) Order 2010, SI 2010/1937, by revoking the commencement of Section 12(4) of the 2010 Act, which had been due to come into force on 1 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.  The Amendment 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) of the 2010 Act will be brought into force.

James Goudie QC

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