(a) a person who fails to comply with, or is persistently in default in
relation to, the requirement is liable to any criminal penalty, or

(b) the requirement is imposed by—

(i) an order of the Commission to which section 336 applies, or

(ii) 5a direction of the Commission to which section 336 applies by
virtue of section 338(2).

336 Enforcement of orders of Commission

(1) A person guilty of disobedience to an order mentioned in subsection (2) may
on the application of the Commission to the High Court be dealt with as for
10disobedience to an order of the High Court.

(2) The orders are—

(a) an order of the Commission under—

• section 52(1) (power to call for documents),

• section 84 (power to direct specified action to be taken),

• 15section 85 (power to direct application of charity property),

• section 87 (supervision of certain Scottish charities),

• section 155 (power to direct compliance with regulations giving
  auditors etc. access to information etc.),

• section 184 (civil consequences of acting while disqualified),

• 20section 186 (disqualification of charity trustee or trustee receiving
  remuneration under section 185),

• section 263 (dissolution of incorporated body),

(b) an order of the Commission under—

• section 69 (concurrent jurisdiction with High Court for certain
  25purposes), or

• any of sections 76 and 79 to 81 (powers to act for protection of
  charities etc.),

requiring a transfer of property or payment to be called for or made, or

(c) an order of the Commission requiring a default under this Act to be
30made good.

337 Other provisions as to orders of Commission

(1) Any order made by the Commission under this Act may include such
incidental or supplementary provisions as the Commission thinks expedient
for carrying into effect the objects of the order.

(2) 35Where the Commission exercises any jurisdiction to make an order under this
Act on an application or reference to it, it may insert any such provisions in the
order even though the application or reference does not propose their
insertion.

(3) Where the Commission makes an order under this Act, the Commission—

(a) 40may itself give such public notice as it thinks fit of the making or
contents of the order, or

(b) may require it to be given by—

(i) any person on whose application the order is made, or

(ii) any charity affected by the order.

(4) The Commission may, with or without any application or reference to it,
discharge an order in whole or in part, and subject or not to any savings or
other transitional provisions, if—

(a) it made the order under any provision of this Act other than section 263
5(dissolution of incorporated body), and

(b) at any time within 12 months after it made the order, it is satisfied that
the order was made by mistake or on misrepresentation or otherwise
than in conformity with this Act.

(5) Except for the purposes of subsection (4) or an appeal under this Act, an order
10made by the Commission under this Act—

(a) is to be treated as having been duly and formally made, and

(b) is not to be called in question on the ground only of irregularity or
informality,

but (subject to any further order) has effect according to its tenor.

(6) 15Any order made by the Commission under any provision of this Act may be
varied or revoked by a subsequent order so made and may include transitional
provisions or savings.

338 Directions of the Commission or person conducting inquiry

(1) Any direction given by the Commission under any provision of this Act—

(a) 20may be varied or revoked by a further direction given under that
provision, and

(b) must be given in writing.

(2) Sections 336 (enforcement of orders) and 337(1) to (3) and (5) (other provisions
as to orders) apply to any such directions as they apply to an order of the
25Commission.

(3) In subsection (1) the reference to the Commission includes, in relation to a
direction under section 47(2) (obtaining evidence etc. for the purposes of an
inquiry), a reference to any person conducting an inquiry under section 46.

(4) Nothing in this section is to be read as applying to any directions contained in
30an order made by the Commission under section 335(1) (directions for securing
that default is made good).

339 Service of orders and directions

(1) This section applies to any order or direction made or given by the
Commission under this Act.

(2) 35Any such order or direction may be served on a person (other than a body
corporate) by—

(a) delivering it to that person,

(b) leaving it at that person’s last known address in the United Kingdom,
or

(c) 40sending it by post to that person at that address.

(3) Any such order or direction may be served on a body corporate by delivering
it or sending it by post—

(a) to the registered or principal office of the body in the United Kingdom,
or

(b) if it has no such office in the United Kingdom, to any place in the United
Kingdom where it carries on business or conducts its activities (as the
case may be).

(4) Any such order or direction may also be served on a person (including a body
5corporate) by sending it by post to that person at an address notified by that
person to the Commission for the purposes of this subsection.

(5) In this section any reference to the Commission includes, in relation to a
direction under section 47(2) (obtaining evidence etc. for the purposes of an
inquiry), a reference to any person conducting an inquiry under section 46.

10Documents and evidence etc.

340 Enrolment and deposit of documents etc.

(1) The Commission may provide books in which any deed, will or other
document relating to a charity may be enrolled.

(2) The Commission may accept for safe keeping any document of or relating to a
15charity, and the charity trustees or other persons having the custody of
documents of or relating to a charity (including a charity which has ceased to
exist) may with the consent of the Commission deposit them with the
Commission for safe keeping, except in the case of documents required by
some other enactment to be kept elsewhere.

(3) 20Regulations made by the Minister may make provision for such documents
deposited with the Commission under this section as may be prescribed by the
regulations to be destroyed or otherwise disposed of after such period or in
such circumstances as may be so prescribed.

(4) Subsection (3) applies to any document—

(a) 25transmitted to the Commission under section 52, and

(b) kept by the Commission under section 52(3),

as if the document had been deposited with the Commission for safe keeping
under this section.

(5) Subsections (3) and (4) apply (with any necessary adaptations) to documents
30enrolled by, deposited with or transmitted to the Charity Commissioners for
England and Wales under corresponding previous enactments, including in
particular the Charitable Trusts Act 1853 to 1939.

341 Evidence of documents received by Commission etc.

(1) Subsection (2) applies where a document is enrolled by the Commission or is
35for the time being deposited with the Commission under section 340.

(2) Evidence of the document’s contents may be given by means of a copy certified
by any member of the staff of the Commission generally or specially authorised
by the Commission to act for this purpose.

(3) A document purporting to be such a copy is to be received in evidence without
40proof—

(a) of the official position, authority or handwriting of the person
certifying it, or

(b) of the original document being enrolled or deposited.

(4) Subsections (2) and (3) apply to any document—

(a) transmitted to the Commission under section 52, and

(b) kept by the Commission under section 52(3),

as if the document had been deposited with the Commission for safe keeping
5under section 340.

(5) Subsections (2) to (4) apply (with any necessary adaptations) to documents
enrolled by, deposited with or transmitted to the Charity Commissioners for
England and Wales under corresponding previous enactments, including in
particular the Charitable Trusts Act 1853 to 1939.

342 10Report of inquiry to be evidence in certain proceedings

(1) A copy of the report of the person conducting an inquiry under section 46, if
certified by the Commission to be a true copy, is admissible in any proceedings
to which this section applies—

(a) as evidence of any fact stated in the report, and

(b) 15as evidence of the opinion of that person as to any matter referred to in
it.

(2) This section applies to—

(a) any legal proceedings instituted by the Commission under Part 6, and

(b) any legal proceedings instituted by the Attorney General in respect of
20a charity.

(3) A document purporting to be a certificate issued for the purposes of subsection
(1) is to be—

(a) received in evidence, and

(b) treated as such a certificate,

25unless the contrary is proved.

343 Evidence of documents issued by Commission etc.

(1) Evidence of any order, certificate or other document issued by the Commission
may be given by means of a copy retained by it, or taken from a copy so
retained, if the copy is certified to be a true copy by any member of the staff of
30the Commission generally or specially authorised by the Commission to act for
this purpose.

(2) Evidence of an entry in any register kept by the Commission may be given by
means of a copy of the entry, if the copy is certified to be a true copy by any
member of the staff of the Commission generally or specially authorised by the
35Commission to act for this purpose.

(3) A document purporting to be such a copy as is mentioned in subsection (1) or
(2) is to be received in evidence without proof of the official position, authority
or handwriting of the person certifying it.

(4) Subsections (1) and (3) apply to any order, certificate or other document issued
40by the Charity Commissioners for England and Wales as they apply to any
order, certificate or other document issued by the Commission.

344 Other miscellaneous provisions as to evidence

(1) Subsection (2) applies to proceedings to recover or compel payment of any
rentcharge or other periodical payment claimed by or on behalf of a charity out
of land or of the rents, profits or other income of land, otherwise than as rent
5incident to a reversion.

(2) If it is shown in any proceedings to which this subsection applies that the
rentcharge or other periodical payment has at any time been paid for 12
consecutive years to or for the benefit of the charity—

(a) that is prima facie evidence of the perpetual liability to it of the land or
10income, and

(b) no proof of its origin is necessary.

(3) In any proceedings, the following documents are admissible as evidence of the
documents and facts stated in them—

(a) the printed copies of the reports of the Commissioners for enquiring
15concerning charities, 1818 to 1837, who were appointed under the Act
58 Geo. 3 c. 91 and subsequent Acts, and

(b) the printed copies of the reports which were made for various counties
and county boroughs to the Charity Commissioners by their assistant
commissioners and presented to the House of Commons as returns to
20orders of various dates beginning with 8 December 1890, and ending
with 9 September 1909.

Offences

345 Restriction on institution of proceedings for certain offences

(1) No proceedings for an offence to which this section applies are to be instituted
25except by or with the consent of the Director of Public Prosecutions.

(2) This section applies to any offence under—

(a) section 41 (offences in connection with statements required in official
publications etc.),

(b) section 60 (supply of false or misleading information to Commission
30etc.),

(c) section 77(1) (offence of contravening certain orders made for
protection of charities),

(d) section 173 (offences of failing to supply certain documents), or

(e) section 183(1) (criminal consequences of acting while disqualified).

346 35Offences by bodies corporate

(1) If an offence under this Act—

(a) is committed by a body corporate, and

(b) is proved to have been committed with the consent or connivance of, or
to be attributable to any neglect on the part of, an officer of the body
40corporate,

the officer as well as the body corporate is guilty of the offence and liable to be
proceeded against and punished accordingly.

(2) In this section, “officer”, in relation to a body corporate, means—

(a) any director, manager, secretary or other similar officer of the body
corporate, or

(b) any person who was purporting to act in any such capacity,

and, in relation to a body corporate whose affairs are managed by its members,
5“director” means a member of the body corporate.

Regulations and orders

347 Regulations and orders: general

(1) Any power of the Minister to make any regulations or order under this Act is
exercisable by statutory instrument.

(2) 10Subject to sections 348(1) and 349(1), regulations or orders of the Minister
under this Act are subject to annulment in pursuance of a resolution of either
House of Parliament.

(3) Any regulations of the Minister or the Commission and any order of the
Minister under this Act may make—

(a) 15different provision for different cases or descriptions of case or
different purposes or areas, and

(b) such supplemental, incidental, consequential, transitory or transitional
provision or savings as the Minister or, as the case may be, the
Commission considers appropriate.

(4) 20Nothing in this section applies to an order under paragraph 29 of Schedule 9
(transitory modifications).

348 Regulations subject to affirmative procedure etc.

(1) Section 347(2) (negative procedure) does not apply to—

(a) regulations under section 19 (fees and other amounts payable to
25Commission) which require the payment of a fee in respect of any
matter for which no fee was previously payable;

(b) regulations under section 25 (meaning of “principal regulator”) which
amend any provision of an Act;

(c) regulations under section 245 (regulations about winding up,
30insolvency and dissolution of CIOs).

(2) No regulations within subsection (1)(a) or (c) may be made unless a draft of the
regulations has been laid before and approved by a resolution of each House
of Parliament.

(3) No regulations within subsection (1)(b) may be made (whether alone or with
35other provisions) unless a draft of the regulations has been laid before and
approved by a resolution of each House of Parliament.

(4) Before making any regulations under—

(a) Part 8 (charity accounts, reports and returns), or

(b) section 245 or 246 (certain powers to make regulations about CIOs),

40the Minister must consult such persons or bodies of persons as the Minister
considers appropriate.

349 Orders subject to affirmative procedure etc.

(1) Section 347(2) (negative procedure) does not apply to—

(a) an order under section 23 (power to amend Schedule 3 so as to add or
remove exempt charities);

(b) 5an order under section 73(2) (powers to make schemes altering
provision made by Acts etc.);

(c) an order under section 190 (power to amend provisions relating to
indemnity insurance for charity trustees and trustees);

(d) an order under section 324 (power to amend provisions relating to
10appeals and applications to Tribunal).

(2) No order within subsection (1)(a) may be made (whether alone or with other
provisions) unless a draft of the order has been laid before and approved by a
resolution of each House of Parliament.

(3) No order within subsection (1)(c) or (d) may be made unless a draft of the order
15has been laid before and approved by a resolution of each House of Parliament.

(4) If a draft of an instrument containing an order under section 23 would, apart
from this subsection, be treated for the purposes of the Standing Orders of
either House of Parliament as a hybrid instrument, it is to proceed in that
House as if it were not such an instrument.

20Interpretation

350 Connected person: child, spouse and civil partner

(1) In sections 118(2)(c), 188(1)(a), 200(1)(a) and 249(2)(a), “child” includes a
stepchild and an illegitimate child.

(2) For the purposes of sections 118(2)(e), 188(1)(b), 200(1)(b) and 249(2)(b)—

(a) 25a person living with another as that person’s husband or wife is to be
treated as that person’s spouse;

(b) where two people of the same sex are not civil partners but live together
as if they were, each of them is to be treated as the civil partner of the
other.

351 30Connected person: controlled institution

For the purposes of sections 118(2)(g), 157(1)(a), 188(1)(d), 200(1)(d) and
249(2)(d), a person controls an institution if the person is able to secure that the
affairs of the institution are conducted in accordance with the person’s wishes.

352 Connected person: substantial interest in body corporate

(1) 35For the purposes of sections 118(2)(h), 157(1)(b), 188(1)(e), 200(1)(e) and
249(2)(e), any such connected person as is there mentioned has a substantial
interest in a body corporate if the person or institution in question—

(a) is interested in shares comprised in the equity share capital of that body
of a nominal value of more than one-fifth of that share capital, or

(b) 40is entitled to exercise, or control the exercise of, more than one-fifth of
the voting power at any general meeting of that body.

(2) The rules set out in Schedule 1 to the Companies Act 2006 (rules for
interpretation of certain provisions of that Act) apply for the purposes of
subsection (1) as they apply for the purposes of section 254 of that Act
(“connected persons” etc.).

(3) 5In this section “equity share capital” and “share” have the same meaning as in
that Act.

353 Minor definitions

(1) In this Act, except in so far as the context otherwise requires—

• “company” means a company registered under the Companies Act 2006
  10in England and Wales or Scotland;

• “the court” means—

  (a)

  the High Court, and

  (b)

  within the limits of its jurisdiction, any other court in England
  and Wales having a jurisdiction in respect of charities
  15concurrent (within any limit of area or amount) with that of the
  High Court,

  and includes any judge or officer of the court exercising the jurisdiction
  of the court;

• “ecclesiastical charity” has the same meaning as in the Local Government
  20Act 1894;

• “financial year”—

  (a)

  in relation to a charitable company, is to be construed in
  accordance with section 390 of the Companies Act 2006, and

  (b)

  in relation to any other charity, is to be construed in accordance
  25with regulations made by virtue of section 132(3);

  but this is subject to any provision of regulations made by virtue of
  section 142(3) (financial years of subsidiary undertakings);

• “gross income”, in relation to a charity, means its gross recorded income
  from all sources including special trusts;

• 30“independent examiner”, in relation to a charity, means such a person as
  is mentioned in section 145(1)(a);

• “members”, in relation to a charity with a body of members distinct from
  the charity trustees, means any of those members;

• “the Minister” means the Minister for the Cabinet Office;

• 35“trusts”—

  (a)

  in relation to a charity, means the provisions establishing it as a
  charity and regulating its purposes and administration,
  whether those provisions take effect by way of trust or not, and

  (b)

  in relation to other institutions has a corresponding meaning.

(2) 40In this Act, except in so far as the context otherwise requires, “document”
includes information recorded in any form, and, in relation to information
recorded otherwise than in legible form—

(a) any reference to its production is to be read as a reference to the
provision of a copy of it in legible form, and

(b) 45any reference to the provision of a copy of, or extract from, it is
accordingly to be read as a reference to the provision of a copy of, or
extract from, it in legible form.

(3) A charity is to be treated for the purposes of this Act as having a permanent
endowment unless all property held for the purposes of the charity may be
expended for those purposes without distinction between—

(a) capital, and

(b) 5income;

and in this Act “permanent endowment” means, in relation to any charity,
property held subject to a restriction on its being expended for the purposes of
the charity.

Part 19 10Final provisions

354 Amendments etc.

(1) Schedule 7 contains consequential amendments.

(2) Schedule 8 contains transitional provisions and savings.

(3) Schedule 9 contains transitory modifications.

(4) 15Schedule 10 contains repeals and revocations.

355 Commencement

This Act comes into force at the end of the period of 3 months beginning with
the day on which it is passed.

356 Extent

(1) 20Subject to subsections (2) to (7), this Act extends to England and Wales only.

(2) Chapter 1 of Part 1 (meaning of “charity” and “charitable purpose”: general)—

(a) extends also to Scotland, but affects the law of Scotland only so far as
mentioned in section 7;

(b) extends also to Northern Ireland, but affects the law of Northern
25Ireland only so far as mentioned in section 8.

(3) In Part 5 (information powers), sections 54 to 59 (disclosure of information to
and by Commission) extend to the whole of the United Kingdom.

(4) In Part 6 (application of property cy-près etc.)—

(a) section 68(3) and (4) (amendment of Royal charters by Order in Council
30where body corporate the subject of a scheme), and

(b) sections 96 to 104 (common investment or deposit funds),

extend also to Northern Ireland.

(5) Paragraph 2 of Schedule 7 (construction of references in enactments and
documents to Charity Commissioners for England and Wales) extends also to
35Scotland and Northern Ireland.

(6) Subject to any provision made by Schedule 7, any amendment, repeal or
revocation made by Schedule 7 or 10 has the same extent as the enactment or
provision to which it relates.

(7) In Part 2 of Schedule 8 (transitionals and savings: recreational etc. purposes)—

(a) paragraphs 9 to 12 extend also to Scotland but paragraphs 10 and 12
affect the law of Scotland only so far as mentioned in those paragraphs;

(b) paragraphs 9 to 11 and 13 extend also to Northern Ireland but
paragraphs 10 and 13 affect the law of Northern Ireland only so far as
5mentioned in those paragraphs.

357 Index of defined expressions

Schedule 11 lists the places where some of the expressions used in this Act are
defined or otherwise explained.

358 Short title

10This Act may be cited as the Charities Act 2011.