Staying positive in challenging times

We have reached the final day of Trustees’ Week and we hope it’s been a positive one for you.

We are living through a period of considerable economic challenge and as so often during difficult times, charities will play a key role in helping those in need. But charities themselves face pressures: rising demand on their services, increased costs, and the risk of declining donations.

Trustees are often our biggest unsung heroes but here at Geldards we see your hard-work, passion and commitment.

Staying positive in challenging times is not easy, we know. But if the last 2-3 years have taught us anything, it’s that the charity sector will no doubt weather the storm and prove, once again, the value of charity to all.

To conclude Trustees’ Week, we’ve set out below the full timetable of when the Charities Act 2022 will be implemented, so you can check when any changes relevant to your charity are due to come into force.

Provisions of the Act in force from 31 October 2022

Section 4: Power to amend Royal Charters

Section 5: Orders under section 73 of the Charities Act 2011

Sections 6 and 7: Cy-près powers

Section 8: Power of the court and the Commission to make schemes

Section 30: Remuneration of charity trustees etc providing goods or services to charity

Section 32: Trustee of charitable trust: status as trust corporation

Section 36: Costs incurred in relation to Tribunal proceedings etc

Part of Section 37: Public notice as regards Commission orders etc.

Part of Section 40 and Schedule 2: Minor and consequential amendments

Sections 15 and 16, which amend the law on ex gratia payments, have not come into force
with the above provisions as expected and will be considered further (see our Day 2 update).

Provisions of the Act expected to come into force Spring 2023

Sections 9-14 and 35a: Permanent endowment

Sections 17-23: Charity land

Section 24 and Sch 1: Amendments of the Universities and College Estates Act 1925

Sections 25-28: Charity names

Section 38 and 39: Connected persons

Part of Section 40 and Schedule 2: Minor and consequential amendments

Provisions of the Act expected to come into force Autumn 2023

Section 1-3: Charity constitutions

Section 29: Powers relating to appointments of trustees

Section 31: Remuneration etc of charity trustees etc

Sections 33-35: Charity mergers

Section 37: For remaining purposes

Section 40 and Schedule 2: For remaining purposes

If you have any questions about how the Act may impact your charity, please speak to a member of our Charities team.

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