The Exempt Charities Order 2025
The Exempt Charities Order 2025, effective February 6th, 2025, designates St Mary's University, Twickenham as an exempt charity under the Charities Act 2011.
This exemption prevents registration with the Charity Commission and limits the Commission's powers, barring advisory roles at the charity's request and inquiries initiated by a principal regulator (in this case, the Office for Students).
Arguments For
- Intended benefits: Streamlines regulatory processes for specific institutions deemed to have sufficient internal governance.
- Evidence cited: The Order relies on the authority granted by the Charities Act 2011, Schedule 3, paragraph 4(a).
- Implementation methods: A simple declaration by Order in Council.
- Legal/historical basis: The power to make this Order derives directly from the Charities Act 2011.
Arguments Against
- Potential impacts: Could reduce public oversight of a specific institution.
- Implementation challenges: Minimal, as it's a straightforward declaration.
- Alternative approaches: Maintaining full registration and Commission oversight.
- Unintended effects: Potential for ambiguity regarding the level of regulatory scrutiny and public accountability.
- This Order may be cited as the Exempt Charities Order 2025 and shall come into force on 6th February 2025.
This section provides the official title of the legal document and specifies its effective date as February 6th, 2025.
- St Mary's University, Twickenham is hereby declared to be an exempt charity for the purposes of the Charities Act 2011.
This section formally declares St Mary's University, Twickenham to be an exempt charity, meaning it is not subject to the full regulatory powers of the Charity Commission under the Charities Act 2011.
i) it may exercise advisory and permissive powers at the charity's request, following consultation with any principal regulator appointed under the Charities Act 2011;
ii) it may open a statutory inquiry and use powers to act for the protection of charities at the invitation of any principal regulator appointed under the Charities Act.
These sub-sections detail the limited exceptions to the Charity Commission's restricted powers regarding exempt charities.
The Commission can provide advice or grant permissions if requested by the charity and after consulting the relevant principal regulator.
Additionally, the Commission can investigate and act to protect the charity only at the invitation of a principal regulator.
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