Statement by the Delegation of Norway in response to the presentations by Colonel G. Youstra, Mr. S. Gugerel, Mr. I. Ilinca, and Chief Imam N. ef. Hadžić
Section 198 of the Charities Act 2011 (alteration of objects by companies and Commission’s consent) is amended as follows.
In subsection (2)(a), for the words from “adding” to the end of the paragraph substitute “which alters the charitable purposes of the company,”.
After subsection (2) insert—
The Charities Act 2011 is amended as follows.
In section 226 (amendment of constitution and Commission’s consent)—
for subsection (1) substitute—;
after subsection (2) insert—
In section 227 (registration and coming into effect of amendments)—
after subsection (1) insert—;
omit subsections (2) to (5).
Omit sections 267 to 280 of the Charities Act 2011 (which together deal with powers to transfer the property of, and alter the purposes or powers of, an unincorporated charity).
Before the italic heading preceding section 281 of that Act insert—
The amendments made by this section do not have effect in respect of a resolution passed under section 268(1), 275(2) or 280(2) of the Charities Act 2011 before the commencement of this section.
After section 280B of the Charities Act 2011 (as inserted by section 3) insert—
In section 73 of the Charities Act 2011 (powers to make schemes altering provision made by Acts, etc)—
omit subsections (3) and (4);
in subsection (5), omit “Subject to subsection (6),”;
omit subsection (6).
For sections 63 to 65 of the Charities Act 2011 (which deal with the application of property cy-près) substitute—
The Charities (Failed Appeals) Regulations 2008 are revoked.
The amendments made by this section apply to property given for charitable purposes whenever given.
After section 67 of the Charities Act 2011 insert—
Before the italic heading preceding section 75A of the Charities Act 2011 insert—
In section 353 of the Charities Act 2011 (minor definitions), for subsection (3) substitute—
The Charities Act 2011 is amended as follows.
In section 281 (power of unincorporated charities to spend capital: general)—
in subsection (1), omit “which is not a company or other body corporate”;
after subsection (6) insert—
In section 282 (resolution to spend larger fund given for particular purpose)—
in the heading, omit “given for particular purpose”;
in subsection (1), for the words from “which is not” to the end of the subsection substitute if—;
after subsection (1) insert—;
after subsection (3) insert—;
in subsection (4)(a), after “(2)” insert “or (3A)”;
in subsection (5), at the appropriate place insert—; ;
omit subsection (6).
In section 284 (when and how a section 282 resolution takes effect)—
in subsection (5), after “282(2)” insert “or (as the case may be) the obligation to repay or pay the amount to the fund ceases to have effect, by virtue of this section, to the extent resolved by the trustees under section 282(3A)”;
after subsection (5) insert—
Section 284 of the Charities Act 2011 (when and how a resolution under section 282 takes effect) is amended as follows.
In subsection (3), for “period of 3 months beginning with the relevant date” substitute “relevant period”.
For subsection (4) substitute—
The Charities Act 2011 is amended as follows.
After section 284 insert—
In section 285 (power to alter sums specified in Part 13), after subsection (2) insert—
In section 348 (regulations subject to affirmative procedure etc)—
in subsection (1), after paragraph (c) insert—;
in subsection (2), for “or (c)” substitute “, (c), (d)”.
The Charities Act 2011 is amended as follows.
After section 104A insert—
In section 104B (total return investment: regulations)—
in subsection (1)(a), for “section 104A(2)” substitute “sections 104A(2) and 104AA(2)”;
omit the “and” following subsection (1)(b);
after subsection (1)(b) insert—;
after subsection (1)(c) insert , and;
in subsection (2)(a), after “104A(2)” insert “or 104AA(2)”;
in subsection (6), for “section “relevant” substitute section—;
in subsection (6), at the end insert—
Omit Part 14 of the Charities Act 2011 (special trusts).
In section 353 of that Act (minor definitions), after subsection (3) insert—
In Part 18 of the Charities Act 2011 (miscellaneous and supplementary), before the italic heading preceding section 332 insert—
In section 106 of the Charities Act 2011 (power of Commission to authorise ex gratia payments etc)—
for subsection (1) substitute—;
in subsection (3), after second “Commission” insert “by order and”.
In section 117 of the Charities Act 2011 (restrictions on dispositions of land: general), after subsection (1) insert—
The Charities Act 2011 is amended as follows.
In section 117(3) (exceptions to restrictions on dispositions of charity land)—
after paragraph (a) insert—;
omit paragraph (b);
for paragraph (c) (but not the “or” following it) substitute—.
In section 124(9) (restrictions on mortgages)—
after paragraph (a) (and the “or” following it) insert—;
omit paragraph (b).
In section 119 of the Charities Act 2011 (requirements for dispositions other than certain leases)—
omit subsection (1)(b) (but not the “and” following it);
in subsection (4), omit—
“contain such information, and”;
the “,” after “matters”.
In section 119 of the Charities Act 2011 (requirements for dispositions other than certain leases)—
in subsection (1)(a), for “qualified surveyor” substitute “designated adviser”;
in subsection (1)(c), for “surveyor’s” substitute “adviser’s”;
in subsection (3), for “qualified surveyor” substitute “designated adviser”.
The Charities Act 2011 is amended as follows.
After section 128 insert—
In section 124 (restrictions on mortgages), in subsection (8), omit from “and such advice” to the end.
In section 118 of the Charities Act 2011 (meaning of “connected person” in section 117(2)), after subsection (2) insert—
The Charities Act 2011 is amended as follows.
In section 122 (instruments concerning dispositions of land: required statements, etc)—
for subsection (2) substitute—;
omit subsection (3);
for subsection (4) substitute—;
for subsections (5) and (6) substitute—
In section 125 (mortgages: required statements, etc)—
for subsection (1) substitute—;
omit subsection (2);
in subsection (3)—
for “subsection (2)” substitute “subsection (1)(c)”;
for the words from “facts” to the end substitute “statement is true”;
for subsections (4) and (5) substitute—
The Universities and College Estates Act 1925 is amended in accordance with subsections (2) to (6).
After section 1 insert—
Omit sections 2 to 38 and Schedule 1 (provisions relating to land and the application of capital money).
In section 40 (power to transfer to university or college), omit “with the consent of the Minister”.
In section 42 (saving of existing powers), omit from “: Provided that” to the end.
In section 43 (definitions)—
in the opening words, omit from “unless” to “say”;
omit sub-paragraphs (i), (ii), (viii) and (x).
Schedule 1 (which contains consequential amendments) has effect.
In section 42 of the Charities Act 2011 (power to require name to be changed)—
in the heading, after “name” insert “or working name”;
for subsection (1) substitute—;
in subsection (2)—
for paragraph (a) and the words before it substitute—;
in paragraph (b), for “the name” substitute “that the name or working name”;
in paragraph (c), for “the name” substitute “that the name or working name”;
in paragraph (c), for “its name” substitute “the name or working name”;
in paragraph (d), for “the name of the charity” substitute “that the name or working name”;
in paragraph (e), for “the name of the charity” substitute “that the name or working name”;
omit subsection (3);
for subsection (4) substitute—
After section 45 of the Charities Act 2011 insert—
After section 45A of the Charities Act 2011 insert—
In Schedule 9 to the Charities Act 2011 (transitory modifications), omit paragraph 10 and the italic heading preceding it.
After section 184A of the Charities Act 2011 insert—
In section 185 of the Charities Act 2011 (remuneration of charity trustees etc providing services to charity)—
in the heading, before “services” insert “goods or”;
in subsection (1), in the words before paragraph (a), before “services” insert “goods or”;
in subsection (2)—
in Condition A, in paragraph (a), for “services” substitute “goods or services, or goods and services,”;
in Condition A, in paragraph (b), for “services” substitute “goods or services, or goods and services,”;
in condition B, for “services” substitute “goods or services, or goods and services,”;
for subsection (3) substitute—
After section 186 of the Charities Act 2011 insert—
After section 334 of the Charities Act 2011 insert—
The amendment made by subsection (1) has effect in relation to any trustee of or for a charitable trust, even if the trustee became the trustee of or for the charitable trust before the amendment comes into force.
The Charities Act 2011 is amended as follows.
In section 239 (effect of registration of CIO), for subsection (3) substitute—
In section 244 (effect of confirmation of resolution to transfer property etc to another CIO), for subsection (2) substitute—
In section 311 (effect of registering charity merger on gifts to transferor), for subsection (2) substitute—
The amendments made by this section have effect in relation to all gifts made on or after the date this section comes into force; and it does not matter if the will or other document, agreement, transaction or other means which gives rise to the gift was executed or entered into before that date.
In section 310(3) of the Charities Act 2011 (exclusion of certain property from automatic vesting following a vesting declaration)—
omit paragraph (a);
for paragraph (b) (but not the “or” following it) substitute—.
In section 306 of the Charities Act 2011 (meaning of “relevant charity merger”), in subsection (2)—
in paragraph (a), omit “a”;
omit paragraph (b) and the “and” before it.
After section 324 of the Charities Act 2011 insert—
The Charities Act 2011 is amended as follows.
In section 337 (other provisions as to orders of Commission)—
after subsection (2) insert—;
after subsection (3) insert—;
in the heading, after “orders” insert “etc”.
In section 338 (directions of the Commission or person conducting inquiry), in subsection (2), for “any such directions” substitute “a direction of the Commission under any provision of this Act”.
In section 350(1) of the Charities Act 2011 (connected person: meaning of “child”), omit “and an illegitimate child”.
After section 352 of the Charities Act 2011 insert—
In section 348 of that Act (regulations subject to affirmative procedure etc)—
in subsection (1), after paragraph (d) (inserted by section 12) insert—;
in subsection (2), after “(d)” (inserted by section 12) insert “or (e)”.
Schedule 2 (which contains minor and consequential amendments) has effect.
This Act extends to England and Wales only, subject to subsection (2).
An amendment made by— has the same extent as the enactment or provision to which it relates.
section 24;
Schedule 1;
paragraph 12 or 46 of Schedule 2,
This section comes into force on the day on which this Act is passed.
The other provisions of this Act come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint and different days may be appointed for different purposes.
Regulations under subsection (4) may make consequential, transitional or saving provision.
This Act may be cited as the Charities Act 2022.
Section 24
In the Schedule to the Law of Property (Amendment) Act 1926 (minor amendments), omit the entry relating to section 3 of the Universities and College Estates Act 1925.
In section 61 of the Agriculture Act 1970 (special classes of land), in subsection (6), omit “, the Universities and College Estates Act 1925”.
The Highways Act 1980 is amended as follows. In section 87 (agreements for use of land for cattle-grids or by-passes), omit subsection (5). In Schedule 24 (consequential amendments), omit paragraph 3 and the italic heading preceding it.
In Schedule 1 to the Solicitors’ Recognised Bodies Order 1991 (S.I. 1991/2684) (statutes which apply to recognised bodies), omit the entry relating to the Universities and College Estates Act 1925.
In section 55 of the Housing Grants, Construction and Regeneration Act 1996 (cessation of conditions on repayment of grant, etc), omit subsection (4)(c) and the “and” preceding it.
In paragraph 4(3) of Schedule 11 to the Constitutional Reform Act 2005 (miscellaneous amendments: Supreme Court of England and Wales), omit “the Universities and College Estates Act 1925 (c. 24)”.
In section 11 of the Coast Protection Act 1949 (incidence of coast protection charges, etc), in subsection (2)(a)—
omit “and by section twenty-six of the Universities and College Estates Act 1925”;
omit “and by section thirty of the Universities and College Estates Act 1925”.
In Schedule 2 to the Forestry Act 1967 (forestry dedication etc), omit paragraph 2.
In section 187 (meaning of “benefit” etc)—
in the heading, omit “, “services””;
omit the definition of “services”.
In Schedule 11 (index of defined expressions), omit the entry for “services”.
In section 7A of the Parochial Church Councils (Powers) Measure 1956 (No. 3) (modification of section 185 of the Charities Act 2011 in its application to a parochial church council)—
after “providing” insert “goods or”;
for “(3)(a),” substitute “(3),”.
In Schedule 3 to the Agriculture (Miscellaneous Provisions) Act 1976 (enactments to which power to amend applies), omit the entry relating to the Universities and College Estates Act 1925.
The Agricultural Holdings Act 1986 is amended as follows. In section 89 (power of limited owners to apply capital for improvements), omit subsection (2). In Schedule 14 (consequential amendments), omit paragraph 13 and the italic heading preceding it.
The Leasehold Reform, Housing and Urban Development Act 1993 is amended as follows. In Schedule 2 (special categories of landlords), omit paragraph 7 and the italic heading preceding it. In Schedule 14 (right to terminate new lease on grounds of redevelopment: supplementary provision), omit paragraph 10.
In section 13 of the Landlord and Tenant Act 1927 (power to apply and raise capital money), in subsection (1), omit “, or under the University and College Estates Act, 1925,”.
In section 36 of the Cathedrals Measure 1999 (construction of references to dean and chapter, etc), in subsection (2), omit the entry relating to the Universities and College Estates Act 1925.
In Schedule 4 to the Cathedrals Measure 2021 (consequential amendments), omit paragraph 4 and the italic heading preceding it.
In paragraph 6 of Schedule 2 to the Landlord and Tenant Act 1954 (provisions as to repair where tenant retains possession)—
omit “and by section twenty-six of the Universities and College Estates Act 1925”;
omit “and by section thirty of the Universities and College Estates Act 1925”.
The Leasehold Reform Act 1967 is amended as follows. In section 24(1) (application of price or compensation received by landlord, etc), omit paragraph (b) and the “and” preceding it. In Schedule 2 (right to possession for purposes of redevelopment etc: supplementary provision), omit paragraph 9(2).
In section 3 of the Landlord and Tenant (War Damage) Act 1939 (raising of money for making good war damage on settled land, etc)—
omit paragraph (d) and the “or” preceding it;
omit from “, or Part I of the First Schedule” to the end.
In section 32 of the Mines and Quarries (Tips) Act 1969 (raising of money in special cases), in subsection (2)—
in paragraph (a), omit “and by section 26 of the Universities and College Estates Act 1925”;
in paragraph (b), omit “and by section 30 of the Universities and College Estates Act 1925”.
The Universities and College Estates Act 1925 (Amendment) Regulations 1978 (S.I. 1978/443) are revoked.
Section 328 of the Town and Country Planning Act 1990 (settled land and land of universities and colleges) is amended as follows. Omit subsection (1)(b) and the “and” preceding it. Omit subsection (2)(b) and the “and” preceding it. In the heading, omit “and land of universities and colleges”.
In section 33 of the Agricultural Tenancies Act 1995 (power to apply and raise capital money), in subsection (1), omit “or section 26 of the Universities and College Estates Act 1925”.
In Schedule 2 to the Trustee Act 2000 (minor and consequential amendments), omit paragraph 29 and the italic heading preceding it.
Section 2 of the Universities and Colleges (Trusts) Act 1943 (schemes for administering university and college trusts) is amended as follows. Omit subsection (2). In subsection (3)— Omit subsection (5).
omit “, subject to the modification aforesaid”.
The Universities and College Estates Act 1964 is amended as follows. Omit sections 2 and 3. Omit Schedules 1 and 2.
In section 118 of the Charities Act 2011 (meaning of “connected person” in section 117(2)), in subsection (2), in the words before paragraph (a), for “The” substitute “Subject to subsection (2A), the”.
Section 40
The Charities Act 2011 is amended in accordance with paragraphs 2 to 11, 13 to 19 and 21 to 27.
Decision of the Commission to give, or withhold, consent under section 226 in relation to an amendment of the constitution of a CIO. The persons are— the CIO, the charity trustees of the CIO, and any other person who is or may be affected by the decision. Power to quash the decision and (if appropriate) remit the matter to the Commission.
In section 292B (general power to make social investments), in subsection (2), after “question” insert “(but see section 104AA, which confers on charity trustees a power to use permanent endowment to make social investments in certain circumstances)”.
In section 285 (power to alter sums specified in Part 13), in subsection (2), omit—
the entry relating to section 267(1);
the entry relating to section 275(1).
In section 328 (suspension of time limits while reference is in progress), omit subsection (3).
In section 350 (connected person: child, spouse and civil partner)—
in subsection (1), for “and 249(2)(a)” substitute “, 249(2)(a) and 280B(3)(a)”;
in subsection (2), for “and 249(2)(b)” substitute “, 249(2)(b) and 280B(3)(b)”.
In section 351 (connected person: controlled institution), for “and 249(2)(d)” substitute “, 249(2)(d) and 280B(3)(d)”.
In section 352 (connected person: substantial interest in body corporate), in subsection (1), for “and 249(2)(e)” substitute “, 249(2)(e) and 280B(3)(e)”.
In Schedule 6 (appeals and applications to Tribunal)—
omit the entry relating to a decision of the Commission to notify charity trustees under section 271(1);
omit the entry relating to a decision of the Commission to notify charity trustees under section 278(1);
Decision of the Commission to withhold consent under section 280A(7) in relation to an amendment of the trusts of an unincorporated charity. The persons are— the charity trustees of the charity, and any other person who is or may be affected by the decision. Power to quash the decision and (if appropriate) remit the matter to the Commission.
In Schedule 9 (transitory modifications), in the table in paragraph 26(3), omit the entry relating to “section 69O”.
In Schedule 11 (index of defined expressions)—
in the entry relating to “child”, for “and 249(2)(a)” substitute “, 249(2)(a) and 280B(3)(a)”;
in the entry relating to “civil partner”, for “and 249(2)(b)” substitute “, 249(2)(b) and 280B(3)(b)”;
in the entry relating to “control of institution”, for “and 249(2)(d)” substitute “, 249(2)(d) and 280B(3)(d)”;
in the entry relating to “substantial interest in a body corporate”, for “and 249(2)(e)” substitute “, 249(2)(e) and 280B(3)(e)”;
omit the entry relating to “transfer of property (in sections 268 to 274)”.
In section 349 (orders subject to affirmative procedure), in subsection (1), omit paragraph (b).
In the heading of section 285 (power to alter sums specified in Part 13), after “sums” insert “etc”.
In section 5 of the Coal Industry Act 1987 (coal industry trusts), in subsection (8), for “73(1) to (6)” substitute “73(1), (2) and (5)”.
In Schedule 11 (index of defined expressions), in the entry relating to available endowment fund, for “section 281(7)” substitute “sections 281(7) and 284A(9)”.
In section 66 (unknown and disclaiming donors: supplementary)—
for the heading, substitute “Section 63A: supplementary”;
in subsection (1), for “sections 63 and 65” substitute “section 63A”;
after subsection (1) insert—;
in subsection (2), for “sections 63 to 65” substitute “section 63A”;
omit subsections (4) to (6).
In Schedule 8 (transitionals and savings), in paragraph 17 (application of sections 63, 64 and 67 to property given for charitable purposes), for “Sections 63, 64 and 67 apply” substitute “Section 67 applies”.
In Schedule 11 (index of defined expressions)—
in the entry relating to “charitable purposes, failure of”, in column 1, for “sections 63 and 65” substitute “section 63A”;
in the entry relating to “donor”, in column 1, for “63 to 66” substitute “63A and 66”;
omit the entry relating to “prescribed (in sections 63 and 65)”.
In section 281 (power of unincorporated charities to spend capital: general)— In the italic heading preceding that section, omit “unincorporated”.
Section 284 (taking effect of resolution under section 282) is amended as follows. In subsection (1), after “282(2)” insert “or (3A)”. In subsection (1)(a)— In subsection (1), for paragraph (b) substitute— In subsection (2)(a), for “the gift or gifts mentioned in section 282(1)(a)” substitute “any gift or gifts to the available endowment fund”. In subsection (5)(b), for “period of 3 months mentioned in subsection (3)” substitute “relevant period”.
Section 285 (power to alter sums specified in certain provisions) is amended as follows. In subsection (1), omit paragraph (b) and the “or” preceding it. In subsection (2), in the words in brackets after “section 282(1)”—
For the heading of Part 13 substitute “Powers to amend trusts and use capital”.
In section 24 of the Cathedrals Measure 2021 (No. 2) (investment powers, etc), after subsection (7) insert—
In Schedule 6 (appeals and applications to Tribunal), omit the entry relating to a decision of the Commission not to concur under section 291 with a resolution of charity trustees under section 289(2).
In Schedule 11 (index of defined expressions)—
in the entry relating to “available endowment fund”—
for “Parts 13 and 14” substitute “Part 13”;
for “sections 282(5) and 288(7)” substitute “section 282(5)”;
omit the entry relating to “the relevant charity, in relation to power to spend capital subject to special trust (in Part 14)”;
in the entry relating to “special trust”, for “section 287” substitute “section 353(4)”.
In section 322(2) (reviewable decisions of the Commission), after paragraph (e) insert—.
Decision by the Commission not to make an order under section 106 in relation to a charity. The persons are— the charity trustees of the charity, and (if a body corporate) the charity itself. Power to quash the decision and (if appropriate) remit the matter to the Commission.
In paragraph 4(2)(b) of Schedule 1 to the Trusts of Land and Appointment of Trustees Act 1996 (land held on charitable trusts etc), for the words from “if neither” to “conveyance” substitute “if section 122(2) or 125(1) of that Act applies to the conveyance but has not been complied with”.
The Charities Act 2011 is amended in accordance with paragraphs 31 to 37.
For the italic heading preceding section 42, substitute “Names and working names”.
In section 45 (change of name where charity is a company), in subsection (2), after “with respect to” insert “the name of”.
In section 208(2) (refusal of application for constitution and registration of CIO)—
in the words after paragraph (a)(ii), after “the name” insert “or a working name”;
in paragraph (b), after “charity’s name” insert “or working name”.
In section 231(2) (refusal of application for conversion to CIO)—
in the words after paragraph (a)(ii), after “the name” insert “or a working name”;
in paragraph (b), after “charity’s name” insert “or working name”.
In section 237(3) (refusal of application for amalgamation of CIOs)—
in the words after paragraph (a)(ii), after “the name” insert “or a working name”;
in paragraph (b), after “charity’s name” insert “or working name”.
In Schedule 6 (appeals and applications to Tribunal), in the entry relating to a direction of the Commission under section 42 requiring the name of a charity to be changed, in column 1, for the words from “requiring” to the end substitute requiring—
working name section 42(4)
The Charities Act 2011 is amended in accordance with paragraphs 39, 40 and 42.
In section 187 (meaning of “benefit” etc), for “and 186” substitute “to 186A”.
In section 199 of the Charities Act 2011 (meaning of “benefit” in section 198(2)), for the words from “include” to the end substitute include—
In section 248 of the Charities Act 2011 (meaning of “benefit”), in subsection (2), for the words from “include” to the end substitute include—
In section 292B of the Charities Act 2011 (general power to make social investments), in subsection (4), for paragraph (b) substitute—.
In section 77 of the Companies Act 2006 (change of name), in subsection (2), after paragraph (d) insert—