---

Parts of charities legislation now in force

A law that updates and amends existing charities legislation has partially come into effect after the signing of a commencement order. 

The Charities (Amendment) Act 2024 was enacted in July, making several changes to the existing 2009 legislation. 

Lawyers at Mason Hayes & Curran (MHC) say that 12 of the amending act’s 35 sections came into force yesterday (27 January) as a result of a statutory instrument signed last week.

In a note on the firm’s website, the firm urges charity trustees and their senior management to familiarise themselves with the legislation and assess whether or how it will impact their charity. 

Disclosure of information 

MHC highlights some of the more significant changes – including a new definition of a ‘member of the charitable organisation’. The firm’s lawyers say that this development will affect charities that are not companies. 

Other changes cover the Charities Regulator’s powers to disclose information to other regulators or listed bodies, while the watchdog will also be able to specify the manner and time within which a charity has to provide it with required information. 

Section 31 of the act also gives the Charities Regulator a new power to apply for a High Court order where there is no “effective management or oversight of the activities of the charitable organisation by the charity trustees”. 

The act also repeals section 99 of the 2009 act, which previously set out restrictions on the sale of Mass cards and offences for breaches of those restrictions.