The CharitiesAct 2022 has recently implemented a new set of changes, effective 7 March 2024. These changes aim to simplify certain processes for unincorporated charities and address gifts left to merged charities.
1. Simplified Governing Document Changes for Unincorporated Charities:
· Unincorporated charities now have a new power that streamlines the process of amending their governing documents. This aligns with the procedures followed by other types of charities.
· However, changes related to acharity’s purposes still require approval from the Charity Commission.
2. Guidance for Trustees:
· The Charity Commission has updated its guidance to assist trustees in understanding the recent changes and determining their applicability.
· Trustees who have already applied for governing document changes need not resubmit their applications; they will be assessed under the previous rules.
· Trustees currently considering changes should consult the updated guidance to navigate the new legal requirements and process.
3. Mergers and Gifts:
· The changes related to mergers provide reassurance to trustees of merged charities. Trustees can confidently close their charities, knowing that most gifts (including legacies) will pass to the merged entity.
· Additionally, previously delayed changes, including those concerning charity-to-charity land disposals, are now in effect.
This marks the third phase of implementing provisions from the Charities Act 2022. Earlier changes facilitated land disposals and financial transactions for charities.