Governance Briefing — February 15, 2022
The Charities Act 2022 received Royal Assent, modernising charity governance rules on trustee appointments, land disposals, and fundraising oversight in England and Wales.
Executive briefing: On 15 February 2022 the Charities Act 2022 received Royal Assent in the United Kingdom. The legislation streamlines trustee appointment powers, modernises rules for amending governing documents, and eases restrictions on disposing of charity land while reinforcing oversight obligations.
Key governance signals
- Flexible constitutional changes. Trustees gain clearer statutory powers to amend governing documents, subject to Charity Commission consent for regulated alterations.
- Land and property controls. The Act introduces a wider pool of advisers for land disposals, requires updated advice letters, and clarifies trustee duties when granting leases or mortgages.
- Fundraising oversight. New provisions simplify the rules on ex gratia payments and fundraising agreements, demanding refreshed compliance procedures and reporting.
Action checklist
- Review governing documents to identify amendments benefitting from the new statutory powers and schedule Charity Commission engagements where approval remains required.
- Update property transaction policies, adviser appointment templates, and board approval thresholds in line with the revised land disposal regime.
- Refresh fundraising governance manuals to reflect streamlined ex gratia payment processes and oversight responsibilities.
Sources
Zeph Tech helps UK charities and nonprofit boards implement Charities Act 2022 changes, from constitutional updates to property governance and fundraising controls.