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16th March 2012

All change please! Charities Act 2011 becomes law

The Charities Act 2011 came into effect on 14 March 2012. This is a consolidating Act and so does not make any substantive changes to the law.

However, it replaces most of the Charities Acts 1992, 1993 and 2006 and all of the Recreational Charities Act 1958. The 2011 Act is intended to make the law easier by bringing together these four Acts within one new Act.

Certain provisions in the previous Acts remain in place, for example, the sections in the Charities Acts 1993 / 2006 about fundraising which have not yet come into force.

To assist with acclimatising to the new Act, here is a table which shows for each section of any Act which is repealed or amended the corresponding section of the 2011 Act:

http://www.legislation.gov.uk/ukpga/2011/25/resources

The main change you are likely to notice is that familiar statutory references will have changed. For example “a section 36 report” dealing with the sale or lease of charity land is now either "a section 119 report" or (for leases up to seven years) "a section 120 report"; formal "section 29 advice" from the Charity Commission is now "section 110 advice"; and "a section 8 inquiry" as regards a charity's affairs is now "a section 46 inquiry".

If you have any queries in relation to this, please contact Chris Knight at chrisknight@hewitsons.com or 01604 463103

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