The National Citizen Service Act 2017 (Commencement No. 2) Regulations 2018

Statutory Instruments

2018 No. 1239 (C. 88)

Public Bodies, England And Wales

The National Citizen Service Act 2017 (Commencement No. 2) Regulations 2018

Made

26th November 2018

The Secretary of State makes these Regulations in exercise of the powers conferred by section 14(2) and (3) of the National Citizen Service Act 2017(1):

Citation and interpretation

1.  These Regulations may be cited as the National Citizen Service Act 2017 (Commencement No. 2) Regulations 2018.

Provisions coming into force on 1st December 2018

2.  The day appointed for the coming into force of the following provisions of the National Citizen Service Act 2017 is 1st December 2018—

(a) section 3 (finance);

(b) section 4 (accounts and audit);

(c) section 5 (business plan);

(d) section 6 (annual report etc);

(e) section 7 (notification of financial difficulties and criminal conduct);

(f) section 8 (fees);

(g) section 9 (HMRC functions);

(h) paragraphs 2 to 4 of Schedule 2 and section 11 (consequential amendments) insofar as not already in force.

Jeremy Wright

Secretary of State

Department for Digital, Culture, Media and Sport

26th November 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are the second commencement Regulations made under the National Citizen Service Act 2017 (“the Act”).

The provisions specified in regulation 3 come into force on 1st December 2018.

Regulation 3(a) commences section 3 of the Act which empowers the Secretary of State to pay grant-in-aid to the National Citizen Service Trust (“the Trust”).

Regulation 3(b) commences section 4 of the Act which requires the Trust to prepare accounts for each financial year in accordance with any directions given by the Secretary of State. That section also places a duty on the Trust to send prepared accounts to the Comptroller-General and on the Comptroller-General to lay certified accounts and a report on the accounts before Parliament.

Section 5 of the Act which is commenced by regulation 3(c) places a duty on the Trust to publish a business plan for each financial year and on the Secretary of State to lay a copy of the published business plan before each House of Parliament.

Section 6 of the Act is commenced by regulation 3(d) and requires the Trust to give the Secretary of State as soon as practicable after the end of each financial year an annual report on the performance of its functions. That section also requires the Secretary of State to lay a copy of the report before each House of Parliament.

Regulation 3(e) commences section 7 of the Act which imposes a duty on the Trust to notify the Secretary of State of any financial difficulties or criminal conduct within the Trust or its contracted providers.

Regulation 3(f) commences section 8 of the Act and empowers the Trust to charge a fee for participation in its programmes.

Section 9 of the Act which is commenced by regulation 3(g) permits Her Majesty’s Revenue and Customs to carry out functions in connection with sending communications to young people and their parents for the purposes of assisting the Trust to promote its programmes.

So far as not already in force, section 11 of the Act which introduces Schedule 2 to the Act is commenced by regulation 3(h). That regulation also brings into force paragraphs 2 to 4 of Schedule 2. Those paragraphs are concerned with consequential provision relating to transfer schemes with respect to the transfer of staff and property to the Trust’s successor body. The Act is now fully in force.

A full impact assessment has not been produced for this instrument as no impact on the private, voluntary or public sector is foreseen.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the National Citizen Service Act 2017 have been brought into force by commencement regulations made before the date of these Regulations.

Provision	Date of Commencement	S.I. No.
Schedule 1 and section 2	13th December 2017	S.I. 2017/1228 (C. 115)
Paragraph 1 of Schedule 2 and section 11 (so far as that paragraph relates to that section	13th December 2017	S.I. 2017/1228 (C. 115)

(1)

2017 c.15.