Charities Act 2006 third wave rolls out
April 2008
The implementation of the third commencement order was announced with immediate effect on 17 March, having been delayed from the end of February 2008
This introduces:
- the new definition of charity (ss 1,3, and 5);
- The Charity Tribunal (s 8 and schs 3 and 4);
- New powers for the Charity Commission (ss 19,20,21,and 24); Remuneration of Trustee providing services (ss 36,and 37);
- Powers of unincorporated charities to transfer all property, to replace purposes or to spend capital (ss 40,41 and 43);
- The CIO (s 34 and sch 7); and
- Changes to cy pres schemes (s 15 to 18)
An OTS spokesman confirmed to Caritas that the delay of the Charity Tribunal 'for administrative reasons' was the reason for the implementation of the legislation being behind schedule.
‘It is not so much the delay which is disappointing but the lack of advance notice or information as to what has caused the delay and how long it is likely to be that is the most frustrating’ commented Stephen Claus Head of Charities at Martineau Johnson solicitors.
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