The Charities Act 2022 (Commencement No. 4 and Saving Provision) Regulations 2025
The Secretary of State makes these Regulations under the Charities Act 2022 to bring specific provisions of the Act into force across England and Wales on 27th November 2025.
This commencement primarily enacts technical improvements to charity law concerning the power of charity trustees to make small ex gratia payments without seeking prior authorization if conditions are met, and codifies the existing authorization powers held by the Charity Commission and the courts.
The Regulations also list specific property belonging to designated national museums and galleries that remains subject to existing prohibitions, preventing immediate commencement of the new rules for those assets, and include provisions to save the prior procedures for applications already submitted before the new rules take effect.
Arguments For
These Regulations implement technical improvements recommended by the Law Commission to charity law, aiming to streamline administrative processes for trustees.
Introducing new powers for charity trustees to make small ex gratia payments without needing Charity Commission or court authorization when specific legal tests are met simplifies and expedites minor charitable disbursements.
Codifying the powers of the court, Attorney General, and Charity Commission to authorize ex gratia payments puts existing common law practices onto a clear statutory footing, promoting legal certainty.
The saving provisions (Regulation 4) protect ongoing applications made under previous legislation (Section 106 of the 2011 Act) until the 'appointed day', ensuring continuity and fairness for pending requests.
Arguments Against
The limitation of new ex gratia powers by specific financial thresholds (tied to gross annual income) might restrict the ability of smaller charities to use the new simplified process effectively, potentially requiring advice for payments just above the limit.
The schedule explicitly excludes certain property of named national museums and galleries from the commencement of these sections, meaning existing legal restrictions on asset transfer or disposal remain in place for those specific bodies, potentially constraining their financial or collection management flexibility.
Implementation is staggered, requiring careful tracking of which sections come into force on 27th November 2025 and which are subject to continuing saving provisions, which adds complexity for charity governance monitoring.
Changes to existing statutory powers via commencement (e.g., amending Section 106 of the 2011 Act) necessitate trustees ensuring they fully understand the new objective test versus the previous requirement for personal trustee decision-making.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 41(4) and (5) of the Charities Act 2022 .
The Secretary of State formally enacts these Regulations using the authority granted by sections 41(4) and (5) of the Charities Act 2022.
Citation and extent 1.
(1) These Regulations may be cited as the Charities Act 2022 (Commencement No. 4 and Saving Provision) Regulations 2025.
The official title of this statutory instrument is specified as the Charities Act 2022 (Commencement No. 4 and Saving Provision) Regulations 2025.
(2) These Regulations extend to England and Wales.
These rules legally apply only within the jurisdictions of England and Wales.
Interpretation 2.
In these Regulations—
“the 2011 Act” means the Charities Act 2011;
“the 2022 Act” means the Charities Act 2022.
This part defines key shorthand terms used throughout the document. 'The 2011 Act' refers to the Charities Act 2011, and 'the 2022 Act' refers to the Charities Act 2022.
Provisions coming into force on 27th November 2025 3.
(1) The day appointed for the coming into force of the following provisions of the 2022 Act, except in so far as they relate to excluded property of a relevant charity, is 27th November 2025—
(a) section 15 (small ex gratia payments);
(b) section 16 (power of Commission etc to authorise ex gratia payments etc);
(c) section 40, in so far as it relates to the provisions of Schedule 2 being brought into force by sub-paragraph (d);
(d) the following paragraphs of Schedule 2 (minor and consequential amendments)—
(i) paragraph 1, in so far as it relates to paragraphs 26 and 27;
(ii) paragraph 26;
(iii) paragraph 27.
This establishes that certain sections and paragraphs of the Charities Act 2022 become law on November 27, 2025.
These provisions deal with small ex gratia payments, the authority for such payments, and related amendments in Schedule 2.
This commencement excludes any application of these provisions to 'excluded property' belonging to 'relevant charities' listed later.
(2) For the purposes of paragraph (1)—
“excluded property” in relation to a relevant charity means the property listed in the corresponding entry in the second column in the table in the Schedule to these Regulations for that relevant charity;
“relevant charity” means a charity listed in the first column in the table in the Schedule to these Regulations.
This clarifies the terms used in regulating the commencement date for certain matters. 'Relevant charity' refers to the specific charities listed in the Schedule, and 'excluded property' refers to the specific assets associated with those charities that are exempted from the coming into force provisions mentioned in subsection (1).
Saving provision in relation to section 16 of the 2022 Act 4.
(1) Section 106 of the 2011 Act (power to authorise ex gratia payments etc.) continues to have effect on or after the appointed day in relation to an application made to the Charity Commission by the charity trustees of a charity for an order under that section made before the appointed day as if section 16 of the 2022 Act had not been commenced.
If charity trustees submitted an application for authorization of an ex gratia payment under the older law (Section 106 of the 2011 Act) before the new commencement date, that older law will continue to apply to that specific application, even after the new law (Section 16 of the 2022 Act) takes effect.
(2) Section 322(2) of, and Schedule 6 to, the 2011 Act (reviewable matters) continue to have effect on or after the appointed day in relation to an application made to the Charity Commission by the charity trustees of a charity for an order under section 106(1) of the 2011 Act made before the appointed day as if paragraphs 26 and 27 of Schedule 2 to the 2022 Act had not been commenced.
Similarly, rules concerning 'reviewable matters' related to applications made under the old Section 106 of the 2011 Act will remain in effect as if the related amendments in Schedule 2 of the 2022 Act had not been introduced, maintaining consistency for pre-existing cases.
(3) In this regulation, “appointed day” in relation to a provision means the day appointed for the coming into force of that provision.
This defines 'appointed day' to mean the specific date established for each particular legal provision mentioned within this saving regulation.
Schedule Relevant charities and excluded property
Regulation 3
Relevant charity The Board of Trustees of the Armouries
The British Library Board
The Trustees of the British Museum
The Trustees of the Imperial War Museum
The Board of Trustees of the National Gallery
The Trustees of the Natural History Museum
The Trustees of the National Maritime Museum
The Board of Trustees of the National Museums and Galleries on Merseyside
The Board of Trustees of the National Portrait Gallery
The Board of the Museum of London
The Board of Trustees of the Royal Botanic Gardens, Kew
The Board of Trustees of the Science Museum
Sir John Soane’s Museum
The Board of Trustees of the Tate Gallery
The Board of Trustees of the Victoria and Albert Museum
The Board of Trustees of the Wallace Collection
Excluded property Objects the property in which is vested in the Board of Trustees of the Armouries and which are comprised in their collection.
Objects transferred to the British Library Board under section 3(1)(a) of the British Library Act 1972.
Objects vested in the Trustees of the British Museum as part of the collections of the Museum.
Objects vested in the Board of Trustees of the Imperial War Museum for the purposes of the Museum.
“Relevant objects” as defined in section 4(2) of the Museums and Galleries Act 1992 the property in which is vested in the Board of Trustees of the National Gallery and which are comprised in their collection.
Objects vested in the Trustees of the Natural History Museum as part of the collections of the Museum.
Objects vested in the Trustees of the National Maritime Museum for the purposes of the Museum.
“The collections” as defined by article 1(2) of the Merseyside Museums and Galleries Order 1986.
“Relevant objects” as defined in section 4(2) of the Museums and Galleries Act 1992, the property in which is vested in the Board of Trustees of the National Portrait Gallery and which are comprised in their collection.
Objects vested in the Board of the Museum of London and which are comprised in their collections.
Objects the property in which is vested in the Board of Trustees of the Royal Botanic Gardens, Kew and which are comprised in their collections.
Objects the property in which is vested in the Board of Trustees of the Science Museum and which are comprised in their collections.
Objects which became vested in the Trustees of Sir John Soane’s Museum on the death of Sir John Soane under the Sir John Soane’s Museum Act 1833.
“Relevant objects” as defined in section 4(2) of the Museums and Galleries Act 1992, the property in which is vested in the Board of Trustees of the Tate Gallery and which are comprised in their collections.
Objects the property in which is vested in the Board of Trustees of the Victoria and Albert Museum and which are comprised in their collections.
Objects the property in which is vested in the Board of Trustees of the Wallace Collection and which are comprised in their collection.
The Schedule details which charities are considered 'relevant charities' for the purposes of Regulation 3 and specifically lists their 'excluded property'.
This property, usually parts of their core collections governed by existing legislation (like the Museums and Galleries Act 1992), is exempt from the new commencement provisions regarding ex gratia payments until further notice.