Charities Act 2011

349Orders subject to affirmative procedure etc.E+W

(1)Section 347(2) (negative procedure) does not apply to—

(a)an order under section 23 (power to amend Schedule 3 so as to add or remove exempt charities);

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)an order under section 190 (power to amend provisions relating to indemnity insurance for charity trustees and trustees);

(d)an order under section 324 (power to amend provisions relating to appeals and applications to Tribunal).

(2)No order within subsection (1)(a) may be made (whether alone or with other provisions) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(3)No order within subsection (1)(c) or (d) may be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(4)If a draft of an instrument containing an order under section 23 would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

Textual Amendments