Doc 4 - From Lisbon to Hamburg: Declaration on the Twentieth Anniversary of the OSCE Framework for Arms Control
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For the purposes of the law of England and Wales, “charity” means an institution which—
is established for charitable purposes only, and
falls to be subject to the control of the High Court in the exercise of its jurisdiction with respect to charities.
The definition of “charity” in subsection (1) does not apply for the purposes of an enactment if a different definition of that term applies for those purposes by virtue of that or any other enactment.
A reference in any enactment or document to a charity within the meaning of the Charitable Uses Act 1601 (c. 4) or the preamble to it is to be construed as a reference to a charity as defined by subsection (1).
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For the purposes of the law of England and Wales, a charitable purpose is a purpose which—
falls within subsection (2), and
is for the public benefit (see section 3).
A purpose falls within this subsection if it falls within any of the following descriptions of purposes—
the prevention or relief of poverty;
the advancement of education;
the advancement of religion;
the advancement of health or the saving of lives;
the advancement of citizenship or community development;
the advancement of the arts, culture, heritage or science;
the advancement of amateur sport;
the advancement of human rights, conflict resolution or reconciliation or the promotion of religious or racial harmony or equality and diversity;
the advancement of environmental protection or improvement;
the relief of those in need by reason of youth, age, ill-health, disability, financial hardship or other disadvantage;
the advancement of animal welfare;
the promotion of the efficiency of the armed forces of the Crown, or of the efficiency of the police, fire and rescue services or ambulance services;
any other purposes within subsection (4).
In subsection (2)—
in paragraph (c) “religion” includes—
a religion which involves belief in more than one god, and
a religion which does not involve belief in a god;
in paragraph (d) “the advancement of health” includes the prevention or relief of sickness, disease or human suffering;
paragraph (e) includes—
rural or urban regeneration, and
the promotion of civic responsibility, volunteering, the voluntary sector or the effectiveness or efficiency of charities;
in paragraph (g) “sport” means sports or games which promote health by involving physical or mental skill or exertion;
paragraph (j) includes relief given by the provision of accommodation or care to the persons mentioned in that paragraph; and
in paragraph (l) “fire and rescue services” means services provided by fire and rescue authorities under Part 2 of the Fire and Rescue Services Act 2004 (c. 21).
The purposes within this subsection (see subsection (2)(m)) are—
any purposes not within paragraphs (a) to (l) of subsection (2) but recognised as charitable purposes under existing charity law or by virtue of section 1 of the Recreational Charities Act 1958 (c. 17);
any purposes that may reasonably be regarded as analogous to, or within the spirit of, any purposes falling within any of those paragraphs or paragraph (a) above; and
any purposes that may reasonably be regarded as analogous to, or within the spirit of, any purposes which have been recognised under charity law as falling within paragraph (b) above or this paragraph.
Where any of the terms used in any of paragraphs (a) to (l) of subsection (2), or in subsection (3), has a particular meaning under charity law, the term is to be taken as having the same meaning where it appears in that provision.
Any reference in any enactment or document (in whatever terms)— is to be construed in accordance with subsection (1).
to charitable purposes, or
to institutions having purposes that are charitable under charity law,
Subsection (6)—
applies whether the enactment or document was passed or made before or after the passing of this Act, but
does not apply where the context otherwise requires.
In this section—
“house” includes any part of a building constituting a separate dwelling;
“Revenue and Customs information” means information held as mentioned in section 18(1) of the Commissioners for Revenue and Customs Act 2005 (c. 11);
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This section applies in connection with the requirement in section 2(1)(b) that a purpose falling within section 2(2) must be for the public benefit if it is to be a charitable purpose.
In determining whether that requirement is satisfied in relation to any such purpose, it is not to be presumed that a purpose of a particular description is for the public benefit.
In this Part any reference to the public benefit is a reference to the public benefit as that term is understood for the purposes of the law relating to charities in England and Wales.
Subsection (3) applies subject to subsection (2).
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The Charity Commission for England and Wales (see section 6 of this Act) must issue guidance in pursuance of its public benefit objective.
That objective is to promote awareness and understanding of the operation of the requirement mentioned in section 3(1) (see section 1B(3) and (4) of the Charities Act 1993 (c. 10), as inserted by section 7 of this Act).
The Commission may from time to time revise any guidance issued under this section.
The Commission must carry out such public and other consultation as it considers appropriate—
before issuing any guidance under this section, or
(unless it considers that it is unnecessary to do so) before revising any such guidance.
The Commission must publish any guidance issued or revised under this section in such manner as it considers appropriate.
The charity trustees of a charity must have regard to any such guidance when exercising any powers or duties to which the guidance is relevant.
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The Recreational Charities Act 1958 (c. 17) is amended in accordance with subsections (2) and (3).
In section 1 (certain recreational and similar purposes deemed to be charitable) for subsection (2) substitute—
Section 2 (miners' welfare trusts) is omitted.
A registered sports club established for charitable purposes is to be treated as not being so established, and accordingly cannot be a charity.
In subsection (4) a “registered sports club” means a club for the time being registered under Schedule 18 to the Finance Act 2002 (c. 23) (relief for community amateur sports club).
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After section 1 of the 1993 Act insert—
Schedule 1 (which inserts the new Schedule 1A into the 1993 Act) has effect.
The office of Charity Commissioner for England and Wales is abolished.
The functions of the Charity Commissioners for England and Wales and their property, rights and liabilities are by virtue of this subsection transferred to the Charity Commission for England and Wales.
Any enactment or document has effect, so far as necessary for the purposes of or in consequence of the transfer effected by subsection (4), as if any reference to the Charity Commissioners for England and Wales or to any Charity Commissioner for England and Wales were a reference to the Charity Commission for England and Wales.
Section 1 of, and Schedule 1 to, the 1993 Act cease to have effect.
Schedule 2 (which contains supplementary provision relating to the establishment of the Charity Commission for England and Wales) has effect.
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After section 2 of the 1993 Act insert—
Schedule 3 (which inserts the new Schedule 1B into the 1993 Act) has effect.
Schedule 4 (which inserts the new Schedules 1C and 1D into the 1993 Act) has effect.
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At any time before the appointed day, the Minister may by order amend section 3 of the 1993 Act (the register of charities) so as to—
replace section 3(5)(c) (threshold for registration of small charities) with a provision referring to a charity whose gross income does not exceed such sum as is prescribed in the order, and
define “gross income” for the purposes of that provision.
Subsection (1) does not affect the existing power under section 3(12) of that Act to increase the financial limit specified in section 3(5)(c).
This section ceases to have effect on the appointed day.
In this section “the appointed day” means the day on which section 3A(1) to (5) of the 1993 Act (as substituted by section 9 of this Act) come into force by virtue of an order under section 79 of this Act.
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Schedule 2 to the 1993 Act (exempt charities) is amended as follows.
In paragraph (a) (general exemption by reference to law existing prior to Charities Act 1960 (c. 58)) after “1855” insert “(but see Note 1)”.
In paragraph (b) (certain specified universities, colleges and schools)—
before “Queen Mary and Westfield College” insert “and”; and
omit “and the colleges of Winchester and Eton”.
Before paragraph (i) insert—.
After paragraph (i) insert—.
In paragraph (w) (exemption for institutions administered by or on behalf of institutions exempted under preceding provisions) after “last-mentioned institution” insert “(but see Note 2)”.
Omit paragraph (x) (Church Commissioners and institutions administered by them).
In paragraph (y) (industrial and provident societies etc.) for the words from “and any” onwards substitute “and which is also registered in the register of social landlords under Part 1 of the Housing Act 1996;”.
Notes
In section 24 of the 1993 Act (schemes to establish common investment funds), in subsection (8) (fund is to be a charity and, if the scheme admits only exempt charities, an exempt charity) omit the words from “; and if the scheme” onwards.
The Minister may by order make such further amendments of Schedule 2 to the 1993 Act as he considers appropriate for securing— or for removing from that Schedule an institution that has ceased to exist.
that (so far as they are charities) institutions of a particular description become or (as the case may be) cease to be exempt charities, or
that (so far as it is a charity) a particular institution becomes or (as the case may be) ceases to be an exempt charity,
An order under subsection (11) may only be made for the purpose mentioned in paragraph (a) or (b) of that subsection if the Minister is satisfied that the order is desirable in the interests of ensuring appropriate or effective regulation of the charities or charity concerned in connection with compliance by the charity trustees of the charities or charity with their legal obligations in exercising control and management of the administration of the charities or charity.
The Minister may by order make such amendments or other modifications of any enactment as he considers appropriate in connection with— by virtue of any provision made by or under this section.
charities of a particular description becoming, or ceasing to be, exempt charities, or
a particular charity becoming, or ceasing to be, an exempt charity,
In this section “exempt charity” has the same meaning as in the 1993 Act.
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This section applies to any body or Minister of the Crown who is the principal regulator in relation to an exempt charity.
The body or Minister must do all that it or he reasonably can to meet the compliance objective in relation to the charity.
The compliance objective is to promote compliance by the charity trustees with their legal obligations in exercising control and management of the administration of the charity.
In this section—
“exempt charity” has the same meaning as in the 1993 Act; and
“principal regulator”, in relation to an exempt charity, means such body or Minister of the Crown as is prescribed as its principal regulator by regulations made by the Minister.
Regulations under subsection (4)(b) may make such amendments or other modifications of any enactment as the Minister considers appropriate for the purpose of facilitating, or otherwise in connection with, the discharge by a principal regulator of the duty under subsection (2).
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Section 13 of the 1993 Act (occasions for applying property cy-près) is amended as follows.
In subsection (1)(c), (d) and (e)(iii), for “the spirit of the gift” substitute “the appropriate considerations”.
After subsection (1) insert—
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Section 14 of the 1993 Act (application cy-près of gifts of donors unknown or disclaiming) is amended as follows.
In subsection (4) (power of court to direct that property is to be treated as belonging to donors who cannot be identified) after “court”, in both places, insert “or the Commission”.
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After section 24(3) of the 1993 Act (common investment schemes) insert—
In section 25(2) of that Act (application of provisions of section 24 to common deposit funds) for “subsections (2) to (4)” substitute “subsections (2), (3) and (4)”.
At the end of section 25 add—
After section 25 insert—
In section 100(4) of the 1993 Act (provisions extending to Northern Ireland) for “extends” substitute “and sections 24 to 25A extend”.
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After section 31 of the 1993 Act insert—
In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001 (c. 16) (powers of seizure to which section 50 applies), after paragraph 56 insert—
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Section 38 of the 1993 Act (restrictions on mortgaging) is amended as follows.
For subsections (2) and (3) substitute—
In subsection (4) (meaning of “proper advice”)—
for “subsection (2) above” substitute “this section”; and
for “the making of the loan in question” substitute “relation to the loan, grant or other transaction in connection with which his advice is given”.
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Section 43 of the 1993 Act (annual audit or examination of accounts of charities which are not companies) is amended as follows.
For subsection (1) substitute—
In subsection (2) (accounts required to be audited) for paragraph (a) substitute—.
In subsection (3) (independent examinations instead of audits)—
for the words from “and its gross income” to “subsection (4) below)” substitute “but its gross income in that year exceeds £10,000,”; and
This is subject to the requirements of subsection (3A) below where the gross income exceeds £250,000, and to any order under subsection (4) below.
After subsection (3) insert—
For subsection (8) substitute—
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After section 44 of the 1993 Act insert—
In section 46 of the 1993 Act (special provisions as respects accounts and annual reports of exempt and excepted charities)—
in subsection (1) for “sections 41 to 45” substitute “sections 41 to 44 or section 45”; and
after subsection (2) insert—
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After section 49 of the 1993 Act insert—
Schedule 6 (which inserts the new Schedule 5A into the 1993 Act) has effect.
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Section 64 of the 1993 Act (alteration of objects clause etc.) is amended as follows.
For subsection (2) substitute—
In subsection (3) (documents required to be delivered to registrar of companies), for “any such alteration” substitute “a regulated alteration”.
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In section 249A(4) of the Companies Act 1985 (c. 6) (circumstances in which charitable company’s accounts may be subject to an accountant’s report instead of an audit)—
in paragraph (b) (gross income between £90,000 and £250,000) for “£250,000” substitute “£500,000”; and
in paragraph (c) (balance sheet total not more than £1.4 million) for “£1.4 million” substitute “£2.8 million”.
In section 249B(1C) of that Act (circumstances in which parent company or subsidiary not disqualified for exemption from auditing requirement), in paragraph (b) (group’s aggregate turnover not more than £350,000 net or £420,000 gross in case of charity), for “£350,000 net (or £420,000 gross)” substitute “£700,000 net (or £840,000 gross)”.
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This Chapter regulates public charitable collections, which are of the following two types—
collections in a public place; and
door to door collections.
For the purposes of this Chapter—
“public charitable collection” means (subject to section 46) a charitable appeal which is made—
in any public place, or
by means of visits to houses or business premises (or both);
“charitable appeal” means an appeal to members of the public which is— (or both) and which is made in association with a representation that the whole or any part of its proceeds is to be applied for charitable, benevolent or philanthropic purposes;
an appeal to them to give money or other property, or
an appeal falling within subsection (4),
a “collection in a public place” is a public charitable collection that is made in a public place, as mentioned in paragraph (a)(i);
a “door to door collection” is a public charitable collection that is made by means of visits to houses or business premises (or both), as mentioned in paragraph (a)(ii).
For the purposes of subsection (2)(b)—
the reference to the giving of money is to doing so by whatever means; and
it does not matter whether the giving of money or other property is for consideration or otherwise.
An appeal falls within this subsection if it consists in or includes— to members of the public.
the making of an offer to sell goods or to supply services, or
the exposing of goods for sale,
In this section—
The amendment made by section 36 does not affect the payment of remuneration or provision of services in accordance with an agreement made before the day on which that section comes into force.
The amendments made by section 67 apply in relation to any solicitation or representation to which section 60(1), (2) or (3) of the 1992 Act applies and which is made on or after the day on which section 67 comes into force.
The following provisions, namely— do not affect the operation of the Coal Industry Act 1987 (c. 3), the Reverter of Sites Act 1987 (c. 15) or the 1993 Act in relation to any appeal brought in the High Court before the day on which those provisions come into force.
paragraphs 80(6) and (8), 83(3) and (4), 99(3), (4)(a) and (5)(a) and (c), 109(12), 111(7) and 171 of Schedule 8, and
the corresponding entries in Schedule 9,
It is hereby declared that (in accordance with sections 15 and 16 of the Interpretation Act 1978 (c. 30)) the repeal by this Act of any of the provisions mentioned in sub-paragraph (2) does not revive so much of any enactment or document as ceased to have effect by virtue of that provision. The provisions are—
The amendment made by section 18 applies to property given for charitable purposes whether before or on or after the day on which that section comes into force.
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (alteration of penalties for summary offences), the reference to 51 weeks in section 31A(11) of the 1993 Act (as inserted by section 26 of this Act) is to be read as a reference to 3 months.
The amendments made by section 32 apply in relation to any financial year of a charity which begins on or after the day on which that section comes into force.
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Paragraph 98(2) of Schedule 8 does not affect the validity of any designation made by the Charity Commissioners for England and Wales under section 2(2) of the 1993 Act which is in effect immediately before that paragraph comes into force.
In relation to an offence committed in England and Wales before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44) (general limit on magistrates' court’s power to impose imprisonment), the reference to 12 months in section 10A(4) of the 1993 Act (as inserted by paragraph 104 of Schedule 8 to this Act) is to be read as a reference to 6 months.
where there is no person acting as mentioned in paragraph (a), any person who acts as a collector in respect of the collection,
“proceeds”, in relation to a public charitable collection, means all money or other property given (whether for consideration or otherwise) in response to the charitable appeal in question;
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In section 9 of the 1993 Act (power of Commission to call for documents and search records) omit subsection (4) (exclusion of documents relating only to exempt charities).
In section 18 of the 1993 Act (power of Commission to act for protection of charities) for subsection (16) substitute—
In section 73 of the 1993 Act (consequences of person acting as charity trustee while disqualified), in subsection (4) (power of Commission to order disqualified person to repay sums received from a charity other than an exempt charity) omit “(other than an exempt charity)”.
The Open Spaces Act 1906 has effect subject to the following amendments.
Schedule 5 to the Reserve Forces Act 1996 (charitable property on disbanding of units) is amended as follows. In paragraph 1(2) for “the Charity Commissioners” substitute “the Charity Commission”. In paragraph 4(1)— In paragraph 5(2)— In paragraph 6—
The Bishops Trusts Substitution Act 1858 has effect subject to the following amendments.
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The 1993 Act has effect subject to the following amendments.
In section 3(1) (transfer to local authority of spaces held by trustees for purposes of public recreation) for “Charity Commissioners” substitute “ Charity Commission ”.
In section 1 (substitution of one bishop for another as trustee)—
for “Charity Commissioners” substitute “ Charity Commission ”, and
for “them” substitute “ it ”.
In the heading for Part 1, for “Charity Commissioners” substitute “Charity Commission”.
Section 4 (transfer by charity trustees of open space to local authority) is amended as follows. In subsection (1), for the words from “and with the sanction” to “as hereinafter provided” substitute “ and in accordance with subsection (1A) ”. After subsection (1) insert— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 3 (how costs are to be defrayed) for “said Charity Commissioners” (in both places) substitute “ Charity Commission ”.
Section 2 (official custodian for charities) is amended as follows. For subsection (2) substitute— In subsection (3), for “Commissioners” (in both places) substitute “Commission”. In subsection (4)— In subsection (7) omit the words from “, and the report” onwards. After subsection (7) add—
In section 21(1) (application to Ireland)—
for “Charity Commissioners” substitute “ Charity Commission ”, and
for “Commissioners of Charity Donations and Bequests for Ireland” substitute “ the Department for Social Development ”.
Section 4 (claims and objections to registration) is amended as follows. In subsection (2)— Omit subsection (3). In subsection (4)— In subsection (5)—
Section 6 (power to require charity’s name to be changed) is amended as follows. For “Commissioners” (in each place including the sidenote) substitute “Commission”. In subsection (5) for “section 3(7)(b) above” substitute “section 3B(3)”.
For the heading for Part 3 substitute “Information Powers”.
Section 8 (power to institute inquiries) is amended as follows. In subsection (1) for “The Commissioners” substitute “The Commission”. In subsection (2)— In subsection (3) for “the Commissioners, or a person appointed by them” substitute “the Commission, or a person appointed by the Commission”. In subsection (5) for “The Commissioners” substitute “The Commission”. In subsection (6)— In subsection (7) for “the Commissioners” substitute “the Commission”.
Section 9 (power to call for documents and search records) is amended as follows. In subsection (1)— In subsection (2)— In subsection (3)— After subsection (5) add—
For section 10 substitute—
Section 11 (supply of false or misleading information) is amended as follows. For “Commissioners” (in each place including the sidenote) substitute “Commission”. In subsection (1)(b) for “their functions” substitute “its functions”.
In the heading for Part 4 for “and Commissioners” substitute “and Commission”.
Section 14 (application cy-près of gifts of donors unknown or disclaiming) is amended as follows. In subsection (6) for “the Commissioners so direct” substitute “the Commission so directs”. In subsection (8) for “the Commissioners” substitute “the Commission”. In subsection (9)—
In the heading preceding section 16 for “Powers of Commissioners” substitute “Powers of Commission”.
Section 16 (concurrent jurisdiction of Commissioners with High Court) is amended as follows. In subsection (1) for “the Commissioners” substitute “the Commission”. In subsection (2)— In subsection (3) for “The Commissioners” substitute “The Commission”. In subsection (4) for “the Commissioners shall not exercise their” substitute “the Commission shall not exercise its”. In subsection (5)— In subsection (6)— In subsection (7)— In subsection (8)— In subsection (9) for “the Commissioners shall give notice of their” substitute “the Commission shall give notice of its”. In subsection (10)— Omit subsections (11) to (14). In subsection (15)(b) for “the Commissioners may exercise their” substitute “the Commission may exercise its”.
Section 17 (further power to make schemes or alter application of charitable property) is amended as follows. In subsection (1)— In subsection (2) for “the Commissioners” substitute “the Commission”. In subsection (4) for “the Commissioners” (in both places) substitute “the Commission”. In subsection (6)— In subsection (7) for “the Commissioners” substitute “the Commission”. In subsection (8)—
Section 18 (power to act for protection of charities) is amended as follows. In subsection (1)— In subsection (2)— In subsection (4)— In subsection (5)— In subsection (6)— Omit subsections (8) to (10). In subsection (11) for “the Commissioners” substitute “the Commission”. In subsection (12)— In subsection (13)—
Section 19 (supplementary provisions relating to receiver and manager appointed for a charity) is amended as follows. For subsection (1) substitute— In subsection (2)— In subsection (3) for “receiver and manager” (in both places) substitute “interim manager”. In subsection (4)— In subsections (6)(c) and (7) for “the Commissioners” substitute “the Commission”. In the sidenote for “receiver and manager” substitute “interim manager”.
After section 19B (inserted by section 21 of this Act) insert—
In section 22(3) (property vested in official custodian) for “the Commissioners” substitute “the Commission”.
Section 23 (divestment in case of land subject to Reverter of Sites Act 1987 (c. 15)) is amended as follows. In subsection (1)— In subsection (2)— In subsection (3)—
In section 24 (schemes to establish common investment funds), in subsections (1) and (2), for “the Commissioners” substitute “the Commission”.
In section 25(1) (schemes to establish common deposit funds) for “the Commissioners” substitute “the Commission”.
For the heading preceding section 26 substitute “Additional powers of Commission”.
In section 26(1) (power to authorise dealings with charity property)—
for “the Commissioners” substitute “the Commission”, and
for “they may” substitute “the Commission may”.
Section 27 (power to authorise ex gratia payments) is amended as follows. In subsection (1) for “the Commissioners” substitute “the Commission”. In subsection (2)— In subsection (3)— In subsection (4)—
Section 28 (power to give directions about dormant bank accounts) is amended as follows. In subsection (1)— In subsection (3)— In subsection (5)— In subsection (7)— In subsection (8)(a) for “the Commissioners are informed” substitute “the Commission is informed”. In subsection (9)—
Section 30 (powers for preservation of charity documents) is amended as follows. In subsection (1) for “The Commissioners” substitute “The Commission”. In subsection (2) for “Commissioners” (in each place) substitute “Commission”. In subsection (3)— In subsection (4) for “the Commissioners” substitute “the Commission”. In subsection (5)—
Section 31 (power to order taxation of solicitor’s bill) is amended as follows. In subsection (1) for “The Commissioners” substitute “The Commission”. In subsection (3) for “the Commissioners are” substitute “the Commission is”.
Section 32 (proceedings by Commissioners) is amended as follows. In subsections (1) and (3) for “the Commissioners” substitute “the Commission”. In subsection (5)— In the sidenote, for “Commissioners” substitute “Commission”.
Section 33 (proceedings by other persons) is amended as follows. In subsection (2) for “the Commissioners” substitute “the Commission”. In subsection (3)— In subsections (5) and (6) for “the Commissioners” substitute “the Commission”. In subsection (7)—
In section 34 (report of inquiry to be evidence in certain proceedings), in subsections (1) and (2), for “the Commissioners” substitute “the Commission”.
In section 35(1) (application of certain provisions to trust corporations) for “the Commissioners” substitute “the Commission”.
Section 36 (restrictions on dispositions) is amended as follows. In subsection (1)— In subsection (3) after “subsection (5) below,” insert “the requirements mentioned in subsection (2)(b) above are that”. In subsection (5) after “consideration of a fine),” insert “the requirements mentioned in subsection (2)(b) above are that”. In subsection (6)— After subsection (6) insert— In subsection (8)—
In section 37 (supplementary provisions relating to dispositions), in subsections (2) and (4)—
for “sold” substitute “conveyed, transferred”, and
for “the Commissioners” substitute “the Commission”.
In section 38(1) (restrictions on mortgaging) for “the Commissioners” substitute “the Commission”.
Section 39 (supplementary provisions relating to mortgaging) is amended as follows. In subsections (2)(a) and (4) for “the Commissioners” substitute “the Commission”. After subsection (4) insert—
In section 41(4) (obligation to preserve accounting records) for “the Commissioners consent” substitute “the Commission consents”.
Section 42 (annual statements of accounts) is amended as follows. After subsection (2) insert— After subsection (7) add—
Section 43 (annual audit or examination of charity accounts) is amended as follows. In subsection (4) for “the Commissioners” (in both places) substitute “the Commission”. In subsection (5)— In subsection (6) for “the Commissioners” (in each place) substitute “the Commission”. In subsection (7)—
Section 43A (annual audit or examination of English NHS charity accounts) is amended as follows. In subsection (2) for “the criterion set out in subsection (1) of section 43 is met in respect of” substitute “paragraph (a) or (b) of section 43(1) is satisfied in relation to”. In subsection (5)—
Section 43B (annual audit or examination of Welsh NHS charity accounts) is amended as follows. In subsection (2) for “the criterion set out in subsection (1) of section 43 is met in respect of” substitute “paragraph (a) or (b) of section 43(1) is satisfied in relation to”. After subsection (4) add—
Section 44 (supplementary provisions relating to audits) is amended as follows. In subsection (1)— In subsection (2)— Omit subsection (3).
Section 45 (annual reports) is amended as follows. In subsection (2)(b) for “the Commissioners” substitute “the Commission”. In subsection (3)— In subsection (3A)— In subsection (4)— In subsection (5) before “annual report” insert “copy of an”. In subsection (6)— In subsection (7) for the words from “which they have not” onwards substitute “of which they have not been required to transmit a copy to the Commission.” In subsection (8) for “in subsection (3)” substitute “to subsection (3)”.
Section 46 (special provisions as respects accounts etc. of excepted charities) is amended as follows. In subsection (2) for “the Commissioners consent” substitute “the Commission consents”. For subsection (3) substitute— In subsection (4) for the words from “(other than” onwards substitute which— In subsection (5)— For subsection (7) substitute— Omit subsection (8).
Section 47 (public inspection of annual reports etc.) is amended as follows. In subsection (1)— In subsection (2)(a) after “accounts” insert “or (if subsection (4) below applies) of its most recent annual report”. After subsection (3) add—
Section 48 (annual returns by registered charities) is amended as follows. In subsection (1) for “the Commissioners” substitute “the Commission”. In subsection (1A) for the words from “neither” to “exceeds” substitute “the charity’s gross income does not exceed”. In subsection (2)— In subsection (3) for “The Commissioners” substitute “The Commission”.
For section 49 (offences) substitute—
Section 50 (incorporation of trustees of charity) is amended as follows. In subsection (1)— In subsection (2)—
Section 52 (applications for incorporation) is amended as follows. In subsection (1) for “the Commissioners” (in both places) substitute “the Commission”. In subsection (2)—
In section 53(1) (nomination of trustees, and filling up vacancies) for “the Commissioners” substitute “the Commission”.
Section 56 (power of Commissioners to amend certificate of incorporation) is amended as follows. In subsection (1)— In subsection (2)— In subsection (3)— In subsection (4) for “The Commissioners” substitute “The Commission”. In the sidenote, for “Commissioners” substitute “Commission”.
Section 57 (records of applications and certificates) is amended as follows. In subsection (1)— In subsection (2)—
In section 58 (enforcement of orders and directions) for “the Commissioners” substitute “the Commission”.
Section 61 (power of Commissioners to dissolve incorporated body) is amended as follows. In subsection (1)— In subsection (2)— In subsection (4)— Omit subsection (7). In the sidenote, for “Commissioners” substitute “Commission”.
Section 63 (winding up) is amended as follows. In subsection (2)— In subsection (3) for “the Commissioners” (in both places) substitute “the Commission”. In subsection (4) for “the Commissioners” (in both places) substitute “the Commission”. In subsection (5)—
In section 64(3) (alteration of objects clause) for “the Commissioner’s consent” substitute “the Commission’s consent”.
In section 65(4) (invalidity of certain transactions) for “the Commissioners” substitute “the Commission”.
In section 66 (requirement of consent of Commissioners to certain acts), in subsection (1) and the sidenote, for “Commissioners” substitute “Commission”.
Section 69 (investigation of accounts) is amended as follows. In subsection (1)— In subsections (2)(c) and (3) for “the Commissioners” substitute “the Commission”. In subsection (4)—
For the heading preceding section 72 substitute “Charity trustees”.
Section 72 (persons disqualified for being trustees of a charity) is amended as follows. In subsection (1)(d)(i) after “by the” insert “Commission or”. In subsection (4) for “The Commissioners” substitute “The Commission”. In subsection (6)— After subsection (7) add—
In section 73(4) (person acting as charity trustee while disqualified)—
for “the Commissioners are” substitute “the Commission is”,
for “they may by order” substitute “the Commission may by order”, and
for “(as determined by them)” substitute “(as determined by the Commission)”.
For the heading preceding section 74 substitute “Miscellaneous powers of charities”.
In section 76(2) (local authority’s index of local charities)—
for “the Commissioners” (in both places) substitute “the Commission”, and
for “they will” substitute “it will”.
In section 77(1) (reviews of local charities by local authority) for “the Commissioners” substitute “the Commission”.
Section 79 (parochial charities) is amended as follows. In subsection (1) for “the Commissioners” substitute “the Commission”. In subsection (2) for “the Commissioners” (in both places) substitute “the Commission”.
Section 80 (supervision by Commissioners of certain Scottish charities) is amended as follows. In subsection (1) for paragraph (c) and the “and” preceding it substitute—. In subsection (2)— In subsection (3)— In subsection (4)— In subsection (5)— In the sidenote, for “Commissioners” substitute “Commission”.
Section 84 (supply by Commissioners of copies of documents open to public inspection) is amended as follows. For “The Commissioners” substitute “The Commission”. For “their possession” substitute “the Commission’s possession”. At the end add “or section 75D”. In the sidenote, for “Commissioners” substitute “Commission”.
Section 85 (fees and other amounts payable to Commissioners) is amended as follows. In subsection (1)— In subsection (4)— In subsection (5) for “the Commissioners” substitute “the Commission”. In the sidenote, for “Commissioners” substitute “Commission”.
Section 86 (regulations and orders) is amended as follows. In subsection (2)(a)— In subsection (3)— In subsection (4) after “above” insert “or Schedule 5A,”.
Section 87 (enforcement of requirement by order of Commissioners) is amended as follows. In subsection (1)— In subsection (2) for “the Commissioners” (in both places) substitute “the Commission”. In the sidenote, for “Commissioners” substitute “Commission”.
Section 88 (enforcement of orders of Commissioners) is amended as follows. For paragraph (a) substitute—. In paragraphs (b) and (c) for “the Commissioners” substitute “the Commission”. For “the Commissioners to” substitute “the Commission to”. In the sidenote, for “Commissioners” substitute “Commission”.
Section 89 (other provisions as to orders of Commissioners) is amended as follows. In subsection (1)— In subsection (2)— In subsection (3)— In subsection (4) for “the Commissioners” substitute “the Commission”. At the end add— In the sidenote, for “Commissioners” substitute “Commission”.
In section 90 (directions of the Commissioners) for “the Commissioners” (in each place including the sidenote) substitute “the Commission”.
In section 91 (service of orders and directions), in subsections (1), (4) and (5), for “the Commissioners” (in each place) substitute “the Commission”.
Omit section 92 (appeals from Commissioners).
In section 93 (miscellaneous provisions as to evidence), for subsection (3) substitute—
Section 96 (construction of references to a “charity” etc.) is amended as follows. “charity” has the meaning given by section 1(1) of the Charities Act 2006; Omit— In subsections (5) and (6) for “The Commissioners” substitute “The Commission”.
In section 97(1) (interpretation)—
in the definition of “charitable purposes”, for “charitable according to the law of England and Wales;” substitute “charitable purposes as defined by section 2(1) of the Charities Act 2006;”;
“the Commission” means the Charity Commission;
in the definition of “institution”, after ““institution”” insert “means an institution whether incorporated or not, and”; and
“members”, in relation to a charity with a body of members distinct from the charity trustees, means any of those members; “the Minister” means the Minister for the Cabinet Office; “principal regulator”, in relation to an exempt charity, means the charity’s principal regulator within the meaning of section 13 of the Charities Act 2006; “the Tribunal” means the Charity Tribunal;
In section 97(3) (general interpretation) for “Part IV or IX” substitute “Part 4, 7, 8A or 9”.
In section 100(3) (extent) for “Section 10” substitute “Sections 10 to 10C”.
In paragraph (a) of Schedule 2 (exempt charities) for “the Commissioners” (in the first place) substitute “the Charity Commissioners for England and Wales”.
Schedule 5 (meaning of “connected person” for the purposes of section 36(2)) is amended as follows. In section 36(2) of this Act “connected person”, in relation to a charity, means any person who falls within sub-paragraph (2)— The persons falling within this sub-paragraph are— Paragraphs (a) to (g) of paragraph 1 become paragraphs (a) to (g) of sub-paragraph (2) (as inserted by sub-paragraph (2) above). After paragraph (e) of sub-paragraph (2) (as so inserted) insert—; and in paragraph (f)(i) of that sub-paragraph, for “(e)” substitute “(ea)”. In paragraph 2— In paragraph 3 for “1(f)” substitute “1(2)(f)”. In paragraph 4(1) for “1(g)” substitute “1(2)(g)”.
In subsection (5), paragraph (b) of the definition of “public place” does not include—
any place to which members of the public are permitted to have access only if any payment or ticket required as a condition of access has been made or purchased; or
any place to which members of the public are permitted to have access only by virtue of permission given for the purposes of the appeal in question.
A charitable appeal is not a public charitable collection if the appeal—
is made in the course of a public meeting; or
is made— where the land is enclosed or substantially enclosed (whether by any wall or building or otherwise); or
on land within a churchyard or burial ground contiguous or adjacent to a place of public worship, or
on other land occupied for the purposes of a place of public worship and contiguous or adjacent to it,
is made on land to which members of the public have access only— and the occupier is the promoter of the collection; or
by virtue of the express or implied permission of the occupier of the land, or
by virtue of any enactment,
is an appeal to members of the public to give money or other property by placing it in an unattended receptacle.
For the purposes of subsection (1)(c) “the occupier”, in relation to unoccupied land, means the person entitled to occupy it.
For the purposes of subsection (1)(d) a receptacle is unattended if it is not in the possession or custody of a person acting as a collector.
In this Chapter—
“promoter”, in relation to a public charitable collection, means— and associated expressions are to be construed accordingly;
“charitable companies” means companies which are charities;
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In section 8(1) of the 1993 Act (power of Commission to institute inquiries with regard to charities but not in relation to any exempt charity) after “any exempt charity” insert “except where this has been requested by its principal regulator.”
In section 17(7) of the 1993 Act (expenditure by charity on promoting Parliamentary Bill needs consent of court or Commission except in case of exempt charity) omit the words from “but this subsection” onwards.
Section 33 of the 1993 Act (charity proceedings by persons other than Commission) is amended as follows. In subsection (2) (proceedings relating to a charity other than an exempt charity must be authorised by the Commission) omit “(other than an exempt charity)”. In subsection (7) (participation by Attorney General in proceedings relating to charity other than exempt charity) omit “(other than an exempt charity)”.
The Charity Commission. Functions under the Charities Act 1993 or the Charities Act 2006.
The Housing Act 1996 has effect subject to the following amendments.
In section 19(4) of the Trustee Act 2000 (guidance concerning persons who may be appointed as nominees or custodians) for “Charity Commissioners” substitute “Charity Commission”.
The Companies (Audit, Investigations and Community Enterprise) Act 2004 has effect subject to the following amendments.
The Charities and Trustee Investment (Scotland) Act 2005 has effect subject to the following amendments.
Section 6A of the Housing Act 1985 (definition of “Relevant Authority”) is amended as follows. In subsection (2) for “Charity Commissioners” substitute “Charity Commission”. In subsection (5)—
Section 5 of the Coal Industry Act 1987 (coal industry trusts) is amended as follows. In subsection (1)— In subsection (2) for “Charity Commissioners consider” (in both places) substitute “Commission considers”. In subsections (4) and (6) for “Charity Commissioners” substitute “Commission”. In subsection (7)— In subsection (8)— In subsection (8A)— After subsection (8A) insert— In subsection (9) for “Charity Commissioners” substitute “Commission”. In subsection (10)(b) for “Charity Commissioners” substitute “Commission”.
In Schedule 11 to the Courts and Legal Services Act 1990 (judges etc. barred from legal practice) for the entry beginning “Charity Commissioner” substitute “Member of the Charity Commission appointed as provided in Schedule 1A to the Charities Act 1993”.
The 1992 Act has effect subject to the following amendments.
In section 3(3) (registration as social landlord) for “Charity Commissioners” substitute “Charity Commission”.
In section 39 (existing companies: charities), in subsections (1) and (2), for “Charity Commissioners” substitute “Charity Commission”.
In section 36(1) (powers of OSCR in relation to English and Welsh charities)—
for “Charity Commissioners for England and Wales inform” substitute “Charity Commission for England and Wales informs”,
for “under section 3” substitute “in accordance with section 3A”, and
for “section 3(5) of that Act,” substitute “subsection (2) of that section,”.
Section 58 (interpretation of Part 2) is amended as follows. “the Minister” means the Minister for the Cabinet Office; In subsection (2)— In subsection (4) for “whether or not the purposes are charitable within the meaning of any rule of law” substitute “as defined by section 2(1) of the Charities Act 2006”.
In section 4(6) (removal from the register of social landlords) for “Charity Commissioners” substitute “Charity Commission”.
In section 40 (existing companies: Scottish charities), in subsections (4)(b) and (6), for “Charity Commissioners” substitute “Charity Commission”.
In section 69(2)(d)(i) (persons disqualified from being charity trustees)—
at the beginning insert “by the Charity Commission for England and Wales under section 18(2)(i) of the Charities Act 1993 or”, and
for “under section 18(2)(i) of the Charities Act 1993 (c. 10),” substitute “, whether under section 18(2)(i) of that Act or under”.
Omit Part 3 (public charitable collections).
In section 6(3) (notice of appeal against decision on removal) for “Charity Commissioners” substitute “Charity Commission”.
In section 54(7) (requirements for becoming a charity or a Scottish charity)—
for “Charity Commissioners” substitute “Charity Commission”, and
for “their” substitute “its”.
In section 76(1) (service of documents) omit paragraph (c) and the “and” preceding it.
In section 44(3) (consultation on proposals as to ownership and management of landlord’s land) for “Charity Commissioners” substitute “Charity Commission”.
In paragraph 4 of Schedule 3 (regulator of community interest companies)—
for “Chief Charity Commissioner” substitute “chairman of the Charity Commission”, and
for “any officer or employee appointed under paragraph 2(1) of Schedule 1 to the Charities Act 1993 (c. 10)” substitute “any other member of the Commission appointed under paragraph 1(2) of Schedule 1A to the Charities Act 1993 or any member of staff of the Commission appointed under paragraph 5(1) of that Schedule”.
Section 77 (regulations and orders) is amended as follows. In subsection (1)(b) for “subsection (2)” substitute “subsections (2) and (2A)”. After subsection (2) insert— In subsection (4)—
In section 45(4) (service of copy of agreed proposals) for “Charity Commissioners” substitute “Charity Commission”.
In section 79 (short title, commencement and extent) omit—
in subsection (6), the words “(subject to subsection (7))”, and
subsection (7).
In section 46(2) (notice of appointment of manager to implement agreed proposals) for “Charity Commissioners” substitute “Charity Commission”.
In Schedule 7 (repeals) omit the entry relating to the Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31).
In section 56(2) (meaning of “the Relevant Authority”) for “Charity Commissioners” substitute “Charity Commission”.
In section 58(1)(b) (definitions relating to charities)—
for “under section 3” substitute “in accordance with section 3A”, and
omit the words from “and is not” onwards.
Schedule 1 (regulation of registered social landlords) is amended as follows. In paragraph 6(2) (exercise of power to appoint new director or trustee) for “Charity Commissioners” substitute “Charity Commission”. In paragraph 10 (change of objects by certain charities)— and in this sub-paragraph “gross income” and “accounts threshold” have the same meanings as in section 43 of the Charities Act 1993. In paragraph 28(4) (notification upon exercise of certain powers in relation to registered charities) for “Charity Commissioners” substitute “Charity Commission”.
In section 29(3) of the Settled Land Act 1925 (charitable and public trusts: saving) for “Charity Commissioners” substitute “ Charity Commission ”.
In section 23(3) of the Crown Proceedings Act 1947 (proceedings with respect to which Part 2 of the Act does not apply) for “Charity Commissioners” substitute “ Charity Commission ”.
In section 4(6) of the City of London (Various Powers) Act 1952 (improvement of amenities) for “Charity Commissioners” substitute “ Charity Commission ”.
In section 6(5) of the Parochial Church Councils (Powers) Measure 1956 (consents required for transactions relating to certain property) for “Charity Commissioners” substitute “ Charity Commission ”.
The Incumbents and Churchwardens (Trusts) Measure 1964 has effect subject to the following amendments.
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“Charity Commission” means the Charity Commission for England and Wales established by section 1A of the Charities Act 1993.
In Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (street trading) for paragraph 1(2)(j) substitute—
In section 2(3) (property to which Measure applies) for “Charity Commissioners” substitute “ Charity Commission ”.
In section 3(6) (vesting of property in diocesan authority: saving) for “Charity Commissioners” substitute “ Charity Commission ”.
In section 5 (provisions as to property vested in the diocesan authority) for “Charity Commissioners” substitute “ Charity Commission ”.
The Schedule (procedure where diocesan authority is of the opinion that Measure applies to an interest) is amended as follows. In paragraph 2 for “Charity Commissioners” substitute “ Charity Commission ”. In paragraph 3— In paragraph 5—
“the 1982 Act” means the Civic Government (Scotland) Act 1982 (c. 45).
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In section 20 of the Green Belt (London and Home Counties) Act 1938 (lands held on charitable trusts) for “Charity Commissioners” substitute “ Charity Commission ”.
Section 6 of the London County Council (General Powers) Act 1947 (saving for certain trusts) is amended as follows. In subsection (2)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 35 of the City of London (Guild Churches) Act 1952 (saving of rights of certain persons) for “Charity Commissioners” substitute “ Charity Commission ”.
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In Schedule 3 to the Children and Young Persons Act 1969 (approved schools and other institutions), in paragraph 6(3), for “Charity Commissioners” substitute “Charity Commission”.
In section 16 of the Consumer Credit Act 1974 (exempt agreements), in the table in subsection (3A) and in subsections (8) and (9), for “Charity Commissioners” substitute “Charity Commission”.
In section 6 of the Disused Burial Grounds (Amendment) Act 1981 (saving for Charity Commission) for “Charity Commissioners” substitute “Charity Commission”.
The Pastoral Measure 1983 has effect subject to the following amendments.
For section 125A of the Education Reform Act 1988 substitute—
For section 22A of the Further and Higher Education Act 1992 substitute—
In section 55(1) (schemes under the Charities Act 1993 for redundant chapels belonging to charities) for “Charity Commissioners” substitute “Charity Commission”.
In section 63(4) (trusts for the repair etc. of redundant buildings and contents) for “the Charity Commissioners given under the hand of an Assistant Commissioner” substitute “the Charity Commission”.
In section 76(1) (grant of land for new churches etc. and vesting of certain churches) for “Charity Commissioners” substitute “Charity Commission”.
In Schedule 3, in paragraph 11(1), (2), (6) and (7), for “Charity Commissioners” substitute “Charity Commission”.
any local authority in England, Wales or Scotland,
In subsection (1) “unitary authority” means—
the council of a county so far as it is the council for an area for which there are no district councils;
the council of any district comprised in an area for which there is no county council.
The functions exercisable under this Chapter by a local authority are to be exercisable— and references in this Chapter to a local authority or to the area of a local authority are to be construed accordingly.
as respects the Inner Temple, by its Sub-Treasurer, and
as respects the Middle Temple, by its Under Treasurer;
A collection in a public place must not be conducted unless—
the promoters of the collection hold a public collections certificate in force under section 52 in respect of the collection, and
the collection is conducted in accordance with a permit issued under section 59 by the local authority in whose area it is conducted.
Subsection (1) does not apply to a public charitable collection which is an exempt collection by virtue of section 50 (local, short-term collections).
Where— every promoter of the collection is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
a collection in a public place is conducted in contravention of subsection (1), and
the circumstances of the case do not fall within section 50(6),
A door to door collection must not be conducted unless the promoters of the collection—
hold a public collections certificate in force under section 52 in respect of the collection, and
have within the prescribed period falling before the day (or the first of the days) on which the collection takes place—
notified the local authority in whose area the collection is to be conducted of the matters mentioned in subsection (3), and
provided that authority with a copy of the certificate mentioned in paragraph (a).
Subsection (1) does not apply to a door to door collection which is an exempt collection by virtue of section 50 (local, short-term collections).
The matters referred to in subsection (1)(b)(i) are—
the purpose for which the proceeds of the appeal are to be applied;
the prescribed particulars of when the collection is to be conducted;
the locality within which the collection is to be conducted; and
such other matters as may be prescribed.
Where— every promoter of the collection is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. This is subject to subsection (5).
a door to door collection is conducted in contravention of subsection (1), and
the circumstances of the case do not fall within section 50(6),
Where— every promoter of the collection is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
a door to door collection is conducted in contravention of subsection (1),
the appeal is for goods only, and
the circumstances of the case do not fall within section 50(6),
In subsection (5) “goods” includes all personal chattels other than things in action and money.
A public charitable collection is an exempt collection if— unless, within the prescribed period beginning with the date when they are so notified, the local authority serve a notice under subsection (4) on the promoters.
it is a local, short-term collection (see subsection (2)), and
the promoters notify the local authority in whose area it is to be conducted of the matters mentioned in subsection (3) within the prescribed period falling before the day (or the first of the days) on which the collection takes place,
A public charitable collection is a local, short term collection if—
the appeal is local in character; and
the duration of the appeal does not exceed the prescribed period of time.
The matters referred to in subsection (1)(b) are—
the purpose for which the proceeds of the appeal are to be applied;
the date or dates on which the collection is to be conducted;
the place at which, or the locality within which, the collection is to be conducted; and
such other matters as may be prescribed.
Where it appears to the local authority— they must serve on the promoters written notice of their decision to that effect and the reasons for their decision.
that the collection is not a local, short-term collection, or
that the promoters or any of them have or has on any occasion—
breached any provision of regulations made under section 63, or
been convicted of an offence within section 53(2)(a)(i) to (v),
That notice must also state the right of appeal conferred by section 62(1) and the time within which such an appeal must be brought.
Where— every promoter of the collection is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
a collection in a public place is conducted otherwise than in accordance with section 48(1) or a door to door collection is conducted otherwise than in accordance with section 49(1), and
the collection is a local, short term collection but the promoters do not notify the local authority as mentioned in subsection (1)(b),
A person or persons proposing to promote public charitable collections (other than exempt collections) may apply to the Charity Commission for a public collections certificate in respect of those collections.
The application must be made—
within the specified period falling before the first of the collections is to commence, or
before such later date as the Commission may allow in the case of that application.
The application must—
be made in such form as may be specified,
specify the period for which the certificate is sought (which must be no more than 5 years), and
contain such other information as may be specified.
An application under this section may be made for a public collections certificate in respect of a single collection; and the references in this Chapter, in the context of such certificates, to public charitable collections are to be read accordingly.
In subsections (2) and (3) “specified” means specified in regulations made by the Commission after consulting such persons or bodies of persons as it considers appropriate.
Regulations under subsection (5)—
must be published in such manner as the Commission considers appropriate,
may make different provision for different cases or descriptions of case, and
may make such incidental, supplementary, consequential or transitional provision as the Commission considers appropriate.
In this section “exempt collection” means a public charitable collection which is an exempt collection by virtue of section 50.
On receiving an application for a public collections certificate made in accordance with section 51, the Commission may make such inquiries (whether under section 54 or otherwise) as it thinks fit.
The Commission must, after making any such inquiries, determine the application by either—
issuing a public collections certificate in respect of the collections, or
refusing the application on one or more of the grounds specified in section 53(1).
A public collections certificate—
must specify such matters as may be prescribed, and
shall (subject to section 56) be in force for—
the period specified in the application in accordance with section 51(3)(b), or
such shorter period as the Commission thinks fit.
The Commission may, at the time of issuing a public collections certificate, attach to it such conditions as it thinks fit.
Conditions attached under subsection (4) may include conditions prescribed for the purposes of that subsection.
The Commission must secure that the terms of any conditions attached under subsection (4) are consistent with the provisions of any regulations under section 63 (whether or not prescribing conditions for the purposes of that subsection).
Where the Commission— it must serve on the applicant written notice of its decision and the reasons for its decision.
refuses to issue a certificate, or
attaches any condition to it,
That notice must also state the right of appeal conferred by section 57(1) and the time within which such an appeal must be brought.
The grounds on which the Commission may refuse an application for a public collections certificate are—
that the applicant has been convicted of a relevant offence;
where the applicant is a person other than a charitable, benevolent or philanthropic institution for whose benefit the collections are proposed to be conducted, that the Commission is not satisfied that the applicant is authorised (whether by any such institution or by any person acting on behalf of any such institution) to promote the collections;
that it appears to the Commission that the applicant, in promoting any other collection authorised under this Chapter or under section 119 of the 1982 Act, failed to exercise the required due diligence;
that the Commission is not satisfied that the applicant will exercise the required due diligence in promoting the proposed collections;
that it appears to the Commission that the amount likely to be applied for charitable, benevolent or philanthropic purposes in consequence of the proposed collections would be inadequate, having regard to the likely amount of the proceeds of the collections;
that it appears to the Commission that the applicant or any other person would be likely to receive an amount by way of remuneration in connection with the collections that would be excessive, having regard to all the circumstances;
that the applicant has failed to provide information—
required for the purposes of the application for the certificate or a previous application, or
in response to a request under section 54(1);
that it appears to the Commission that information so provided to it by the applicant is false or misleading in a material particular;
that it appears to the Commission that the applicant or any person authorised by him—
has breached any conditions attached to a previous public collections certificate, or
has persistently breached any conditions attached to a permit issued under section 59;
that it appears to the Commission that the applicant or any person authorised by him has on any occasion breached any provision of regulations made under section 63(1)(b).
For the purposes of subsection (1)—
a “relevant offence” is—
an offence under section 5 of the 1916 Act;
an offence under the 1939 Act;
an offence under section 119 of the 1982 Act or regulations made under it;
an offence under this Chapter;
an offence involving dishonesty; or
an offence of a kind the commission of which would, in the opinion of the Commission, be likely to be facilitated by the issuing to the applicant of a public collections certificate; and
the “required due diligence” is due diligence—
to secure that persons authorised by the applicant to act as collectors for the purposes of the collection were (or will be) fit and proper persons;
to secure that such persons complied (or will comply) with the provisions of regulations under section 63(1)(b) of this Act or (as the case may be) section 119 of the 1982 Act; or
to prevent badges or certificates of authority being obtained by persons other than those the applicant had so authorised.
Where an application for a certificate is made by more than one person, any reference to the applicant in subsection (1) or (2) is to be construed as a reference to any of the applicants.
Subject to subsections (5) and (6), the reference in subsection (2)(b)(iii) to badges or certificates of authority is a reference to badges or certificates of authority in a form prescribed by regulations under section 63(1)(b) of this Act or (as the case may be) under section 119 of the 1982 Act.
Subsection (2)(b) applies to the conduct of the applicant (or any of the applicants) in relation to any public charitable collection authorised— as it applies to his conduct in relation to a collection authorised under this Chapter, but subject to the modifications set out in subsection (6).
under regulations made under section 5 of the 1916 Act (collection of money or sale of articles in a street or other public place), or
under the 1939 Act (collection of money or other property by means of visits from house to house),
The modifications are—
in the case of a collection authorised under regulations made under the 1916 Act—
the reference in subsection (2)(b)(ii) to regulations under section 63(1)(b) of this Act is to be construed as a reference to the regulations under which the collection in question was authorised, and
the reference in subsection (2)(b)(iii) to badges or certificates of authority is to be construed as a reference to any written authority provided to a collector pursuant to those regulations; and
in the case of a collection authorised under the 1939 Act—
the reference in subsection (2)(b)(ii) to regulations under section 63(1)(b) of this Act is to be construed as a reference to regulations under section 4 of that Act, and
the reference in subsection (2)(b)(iii) to badges or certificates of authority is to be construed as a reference to badges or certificates of authority in a form prescribed by such regulations.
In subsections (1)(c) and (5) a reference to a collection authorised under this Chapter is a reference to a public charitable collection that—
is conducted in accordance with section 48 or section 49 (as the case may be), or
is an exempt collection by virtue of section 50.
In this section—
“the 1916 Act” means the Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31);
“relevant public authority” means—
The amendment made by section 35 applies whether the disqualification took effect before, on or after the day on which that section comes into force.
Section 75C of the 1993 Act (as inserted by section 44 of this Act) applies to relevant charity mergers taking place before the day on which section 44 comes into force as well as to ones taking place on or after that day.
Paragraph 3(2) of the new Schedule 5A inserted in the 1993 Act by Schedule 6 to this Act does not apply in relation to any financial year of a parent charity beginning before the day on which paragraph 3(2) comes into force.
Where section 2 of the Recreational Charities Act 1958 (c. 17) applies to any trusts immediately before the day on which subsection (3) of section 5 of this Act comes into force, that subsection does not prevent the trusts from continuing to be charitable if they constitute a charity in accordance with section 1(1) of this Act.
The amendment made by section 20 applies whether the inquiry under section 8 of the 1993 Act was instituted before or on or after the day on which section 20 comes into force.
The amendments made by section 29 apply in relation to matters (“pre-commencement matters”) of which a person became aware at any time falling— as well as in relation to matters of which he becomes aware on or after that day. Any duty imposed by or by virtue of the new section 44A(2) or 46(2A) of the 1993 Act inserted by section 29 must be complied with in relation to any such pre-commencement matters as soon as practicable after section 29 comes into force.
The School Standards and Framework Act 1998 has effect subject to the following amendments.
In section 2(1) of the Churchwardens Measure 2001 (person disqualified from being churchwarden if disqualified from being a charity trustee)—
for “Charity Commissioners” substitute “Charity Commission”, and
for “them” substitute “it”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In article 11(3) of the order set out in the Schedule to the Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (exercise of powers under articles 7 to 10 of the order) for “Charity Commissioners” substitute “Charity Commission”.
Schedule 3 to the Synodical Government Measure 1969 (which sets out the Church Representation Rules) is amended as follows. In Rule 46A(a)— In Section 4 of Appendix I to those Rules (which sets out certain forms), in Note 3— In Section 6 of that Appendix, in the Note— In Appendix II to those Rules (general provisions relating to parochial church councils), in paragraph 16, for “Charity Commissioners” substitute “Charity Commission”.
In section 21A of the Sex Discrimination Act 1975 (public authorities) in paragraph 14 in the Table of Exceptions in subsection (9), for “Charity Commissioners for England and Wales” substitute “Charity Commission”.
The Dioceses Measure 1978 has effect subject to the following amendments.
In section 41(1) of the Administration of Justice Act 1982 (transfer of funds in court to official custodian for charities and Church Commissioners) for “Charity Commissioners” substitute “Charity Commission”.
The Companies Act 1985 has effect subject to the following amendments.
In section 86(4) of the Agricultural Holdings Act 1986 (power of landlord to obtain charge on holding) for “Charity Commissioners” substitute “Charity Commission”.
“public collections certificate” means a certificate issued by the Commission under section 52.
Section 23 is amended as follows. In subsection (1) (certain school bodies to be charities that are exempt charities) omit “which are exempt charities for the purposes of the Charities Act 1993”. After that subsection insert— In subsection (2) (connected bodies that are to be exempt charities) for the words from “also” onwards substitute “be treated for the purposes of section 3A(4)(b) of the Charities Act 1993 as if it were an institution to which that provision applies.” In subsection (3) (status of certain foundations) for the words from “which (subject” onwards substitute “, and is an institution to which section 3A(4)(b) of the Charities Act 1993 applies.”
In section 5(1) (preparation of draft scheme: meaning of “interested parties”), in paragraph (e), for “the Charity Commissioners” substitute “the Charity Commission”.
Section 380 (registration of resolutions) is amended as follows. In subsection (4), at the beginning insert “Except as mentioned in subsection (4ZB),”. After subsection (4ZA) insert—
President of the Charity Tribunal Paragraph 1(2) of Schedule 1B to the Charities Act 1993 (c. 10). Legal member of the Charity Tribunal Ordinary member of the Charity Tribunal
In Schedule 1 (education action forums), in paragraph 10, for the words from “which is” onwards substitute “within the meaning of the Charities Act 1993, and is an institution to which section 3A(4)(b) of that Act applies (institutions to be excepted from registration under that Act).”
In section 19(4) (schemes with respect to discharge of functions of diocesan bodies corporate, etc.) for “Charity Commissioners” substitute “Charity Commission”.
In Schedule 15D (permitted disclosures of information), in paragraph 21, for “Charity Commissioners to exercise their” substitute “Charity Commission to exercise its”.
“the 1993 Act” means the Charities Act 1993 (c. 10).
The Commission may request— to provide it with any information in his possession, or document in his custody or under this control, which is relevant to the exercise of any of its functions under this Chapter.
any applicant for a public collections certificate, or
any person to whom such a certificate has been issued,
Nothing in this section affects the power conferred on the Commission by section 52 of the Charities Act 2011.
One or more individuals to whom a public collections certificate has been issued (“the holders”) may apply to the Commission for a direction that the certificate be transferred to one or more other individuals (“the recipients”).
An application under subsection (1) must—
be in such form as may be specified, and
contain such information as may be specified.
The Commission may direct that the certificate be transferred if it is satisfied that—
each of the holders is or was a trustee of a charity which is not a body corporate;
each of the recipients is a trustee of that charity and consents to the transfer; and
the charity trustees consent to the transfer.
Where the Commission refuses to direct that a certificate be transferred, it must serve on the holders written notice of—
its decision, and
the reasons for its decision.
That notice must also state the right of appeal conferred by section 57(2) and the time within which such an appeal must be brought.
Subsections (5) and (6) of section 51 apply for the purposes of subsection (2) of this section as they apply for the purposes of subsection (3) of that section.
Except as provided by this section, a public collections certificate is not transferable.
Where subsection (2), (3) or (4) applies, the Commission may—
withdraw a public collections certificate,
suspend such a certificate,
attach any condition (or further condition) to such a certificate, or
vary any existing condition of such a certificate.
This subsection applies where the Commission—
has reason to believe there has been a change in the circumstances which prevailed at the time when it issued the certificate, and
is of the opinion that, if the application for the certificate had been made in the new circumstances, it would not have issued the certificate or would have issued it subject to different or additional conditions.
This subsection applies where—
the holder of a certificate has unreasonably refused to provide any information or document in response to a request under section 54(1), or
the Commission has reason to believe that information provided to it by the holder of a certificate (or, where there is more than one holder, by any of them) for the purposes of the application for the certificate, or in response to such a request, was false or misleading in a material particular.
This subsection applies where the Commission has reason to believe that there has been or is likely to be a breach of any condition of a certificate, or that a breach of such a condition is continuing.
Any condition imposed at any time by the Commission under subsection (1) (whether by attaching a new condition to the certificate or by varying an existing condition) must be one that it would be appropriate for the Commission to attach to the certificate under section 52(4) if the holder was applying for it in the circumstances prevailing at that time.
The exercise by the Commission of the power conferred by paragraph (b), (c) or (d) of subsection (1) on one occasion does not prevent it from exercising any of the powers conferred by that subsection on a subsequent occasion; and on any subsequent occasion the reference in subsection (2)(a) to the time when the Commission issued the certificate is a reference to the time when it last exercised any of those powers.
Where the Commission— it must serve on the holder written notice of its decision and the reasons for its decision.
withdraws or suspends a certificate,
attaches a condition to a certificate, or
varies an existing condition of a certificate,
That notice must also state the right of appeal conferred by section 57(3) and the time within which such an appeal must be brought.
If the Commission— the decision takes effect when that notice is served on the holder.
considers that the interests of the public require a decision by it under this section to have immediate effect, and
includes a statement to that effect and the reasons for it in the notice served under subsection (7),
In any other case the certificate shall continue to have effect as if it had not been withdrawn or suspended or (as the case may be) as if the condition had not been attached or varied—
until the time for bringing an appeal under section 57(3) has expired, or
if such an appeal is duly brought, until the determination or abandonment of the appeal.
A certificate suspended under this section shall (subject to any appeal and any withdrawal of the certificate) remain suspended until— whichever is the sooner.
such time as the Commission may by notice direct that the certificate is again in force, or
the end of the period of six months beginning with the date on which the suspension takes effect,
A person who has duly applied to the Commission for a public collections certificate may appeal to the Tribunal against a decision of the Commission under section 52—
to refuse to issue the certificate, or
to attach any condition to it.
A person to whom a public collections certificate has been issued may appeal to the Tribunal against a decision of the Commission not to direct that the certificate be transferred under section 55.
A person to whom a public collections certificate has been issued may appeal to the Tribunal against a decision of the Commission under section 56—
to withdraw or suspend the certificate,
to attach a condition to the certificate, or
to vary an existing condition of the certificate.
The Attorney General may appeal to the Tribunal against a decision of the Commission—
to issue, or to refuse to issue, a certificate,
to attach, or not to attach, any condition to a certificate (whether under section 52 or section 56),
to direct, or not to direct, that a certificate be transferred under section 55,
to withdraw or suspend, or not to withdraw or suspend, a certificate, or
to vary, or not to vary, an existing condition of a certificate.
In determining an appeal under this section, the Tribunal—
must consider afresh the decision appealed against, and
may take into account evidence which was not available to the Commission.
On an appeal under this section, the Tribunal may— and in any case the Tribunal may give such directions as it thinks fit, having regard to the provisions of this Chapter and of regulations under section 63.
dismiss the appeal,
quash the decision, or
substitute for the decision another decision of a kind that the Commission could have made;
If the Tribunal quashes the decision, it may remit the matter to the Commission (either generally or for determination in accordance with a finding made or direction given by the Tribunal).
In this section “the Tribunal”, in relation to any appeal under this section, means—
the Upper Tribunal, in any case where it is determined by or under Tribunal Procedure Rules that the Upper Tribunal is to hear the appeal; or
the First-tier Tribunal, in any other case;
A person or persons proposing to promote a collection in a public place (other than an exempt collection) in the area of a local authority may apply to the authority for a permit to conduct that collection.
The application must be made within the prescribed period falling before the day (or the first of the days) on which the collection is to take place, except as provided in subsection (4).
The application must—
specify the date or dates in respect of which it is desired that the permit, if issued, should have effect (which, in the case of two or more dates, must not span a period of more than 12 months);
be accompanied by a copy of the public collections certificate in force under section 52 in respect of the proposed collection; and
contain such information as may be prescribed.
Where an application (“the certificate application”) has been made in accordance with section 51 for a public collections certificate in respect of the collection and either— the permit application must be made as early as practicable before the day (or the first of the days) on which the collection is to take place.
the certificate application has not been determined by the end of the period mentioned in subsection (2) above, or
the certificate application has been determined by the issue of such a certificate but at a time when there is insufficient time remaining for the application mentioned in subsection (2) (“the permit application”) to be made by the end of that period,
In this section “exempt collection” means a collection in a public place which is an exempt collection by virtue of section 50.
On receiving an application made in accordance with section 58 for a permit in respect of a collection in a public place, a local authority must determine the application within the prescribed period by either—
issuing a permit in respect of the collection, or
refusing the application on the ground specified in section 60(1).
Where a local authority issue such a permit, it shall (subject to section 61) have effect in respect of the date or dates specified in the application in accordance with section 58(3)(a).
At the time of issuing a permit under this section, a local authority may attach to it such conditions within paragraphs (a) to (d) below as they think fit, having regard to the local circumstances of the collection—
conditions specifying the day of the week, date, time or frequency of the collection;
conditions specifying the locality or localities within their area in which the collection may be conducted;
conditions regulating the manner in which the collection is to be conducted;
such other conditions as may be prescribed for the purposes of this subsection.
A local authority must secure that the terms of any conditions attached under subsection (3) are consistent with the provisions of any regulations under section 63 (whether or not prescribing conditions for the purposes of that subsection).
Where a local authority— they must serve on the applicant written notice of their decision and the reasons for their decision.
refuse to issue a permit, or
attach any condition to it,
That notice must also state the right of appeal conferred by section 62(2) and the time within which such an appeal must be brought.
The only ground on which a local authority may refuse an application for a permit to conduct a collection in a public place is that it appears to them that the collection would cause undue inconvenience to members of the public by reason of— it is proposed to be conducted.
the day or the week or date on or in which,
the time at which,
the frequency with which, or
the locality or localities in which,
In making a decision under subsection (1), a local authority may have regard to the fact (where it is the case) that the collection is proposed to be conducted—
wholly or partly in a locality in which another collection in a public place is already authorised to be conducted under this Chapter, and
on a day on which that other collection is already so authorised, or on the day falling immediately before, or immediately after, any such day.
A local authority must not, however, have regard to the matters mentioned in subsection (2) if it appears to them— and for this purpose “the occupier”, in relation to unoccupied land, means the person entitled to occupy it.
that the proposed collection would be conducted only in one location, which is on land to which members of the public would have access only—
by virtue of the express or implied permission of the occupier of the land, or
by virtue of any enactment, and
that the occupier of the land consents to that collection being conducted there;
In this section a reference to a collection in a public place authorised under this Chapter is a reference to a collection in a public place that—
is conducted in accordance with section 48, or
is an exempt collection by virtue of section 50.
Where subsection (2), (3) or (4) applies, a local authority who have issued a permit under section 59 may—
withdraw the permit,
attach any condition (or further condition) to the permit, or
vary any existing condition of the permit.
This subsection applies where the local authority—
have reason to believe that there has been a change in the circumstances which prevailed at the time when they issued the permit, and
are of the opinion that, if the application for the permit had been made in the new circumstances, they would not have issued the permit or would have issued it subject to different or additional conditions.
This subsection applies where the local authority have reason to believe that any information provided to them by the holder of a permit (or, where there is more than one holder, by any of them) for the purposes of the application for the permit was false or misleading in a material particular.
This subsection applies where the local authority have reason to believe that there has been or is likely to be a breach of any condition of a permit issued by them, or that a breach of such a condition is continuing.
Any condition imposed at any time by a local authority under subsection (1) (whether by attaching a new condition to the permit or by varying an existing condition) must be one that it would be appropriate for the authority to attach to the permit under section 59(3) if the holder was applying for it in the circumstances prevailing at that time.
The exercise by a local authority of the power conferred by paragraph (b) or (c) of subsection (1) on one occasion does not prevent them from exercising any of the powers conferred by that subsection on a subsequent occasion; and on any subsequent occasion the reference in subsection (2)(a) to the time when the local authority issued the permit is a reference to the time when they last exercised any of those powers.
Where under this section a local authority— they must serve on the holder written notice of their decision and the reasons for their decision.
withdraw a permit,
attach a condition to a permit, or
vary an existing condition of a permit,
That notice must also state the right of appeal conferred by section 62(3) and the time within which such an appeal must be brought.
Where a local authority withdraw a permit under this section, they must send a copy of their decision and the reasons for it to the Commission.
Where a local authority under this section withdraw a permit, attach any condition to a permit, or vary an existing condition of a permit, the permit shall continue to have effect as if it had not been withdrawn or (as the case may be) as if the condition had not been attached or varied—
until the time for bringing an appeal under section 62(3) has expired, or
if such an appeal is duly brought, until the determination or abandonment of the appeal.
A person who, in relation to a public charitable collection, has duly notified a local authority of the matters mentioned in section 50(3) may appeal to a magistrates' court against a decision of the local authority under section 50(4)—
that the collection is not a local, short-term collection, or
that the promoters or any of them has breached any such provision, or been convicted of any such offence, as is mentioned in paragraph (b) of that subsection.
A person who has duly applied to a local authority for a permit to conduct a collection in a public place in the authority's area may appeal to a magistrates' court against a decision of the authority under section 59—
to refuse to issue a permit, or
to attach any condition to it.
A person to whom a permit has been issued may appeal to a magistrates' court against a decision of the local authority under section 61—
to withdraw the permit,
to attach a condition to the permit, or
to vary an existing condition of the permit.
An appeal under subsection (1), (2) or (3) shall be by way of complaint for an order, and the Magistrates' Courts Act 1980 (c. 43) shall apply to the proceedings.
Any such appeal shall be brought within 14 days of the date of service on the person in question of the relevant notice under section 50(4), section 59(5) or (as the case may be) section 61(7); and for the purposes of this section an appeal shall be taken to be brought when the complaint is made.
An appeal against the decision of a magistrates' court on an appeal under subsection (1), (2) or (3) may be brought to the Crown Court.
On an appeal to a magistrates' court or the Crown Court under this section, the court may confirm, vary or reverse the local authority's decision and generally give such directions as it thinks fit, having regard to the provisions of this Chapter and of any regulations under section 63.
On an appeal against a decision of a local authority under section 50(4), directions under subsection (7) may include a direction that the collection may be conducted— and if so conducted the collection is to be regarded as one that is an exempt collection by virtue of section 50.
on the date or dates notified in accordance with section 50(3)(b), or
on such other date or dates as may be specified in the direction;
It shall be the duty of the local authority to comply with any directions given by the court under subsection (7); but the authority need not comply with any directions given by a magistrates' court—
until the time for bringing an appeal under subsection (6) has expired, or
if such an appeal is duly brought, until the determination or abandonment of the appeal.
The Secretary of State may make regulations—
prescribing the matters which a local authority are to take into account in determining whether a collection is local in character for the purposes of section 50(2)(a);
for the purpose of regulating the conduct of public charitable collections;
prescribing anything falling to be prescribed by virtue of any provision of this Chapter.
The matters which may be prescribed by regulations under subsection (1)(a) include—
the extent of the area within which the appeal is to be conducted;
whether the appeal forms part of a series of appeals;
the number of collectors making the appeal and whether they are acting for remuneration or otherwise;
the financial resources (of any description) of any charitable, benevolent or philanthropic institution for whose benefit the appeal is to be conducted;
where the promoters live or have any place of business.
Regulations under subsection (1)(b) may make provision—
about the keeping and publication of accounts;
for the prevention of annoyance to members of the public;
with respect to the use by collectors of badges and certificates of authority, or badges incorporating such certificates, including, in particular, provision—
prescribing the form of such badges and certificates;
requiring a collector, on request, to permit his badge, or any certificate of authority held by him of the purposes of the collection, to be inspected by a constable or a duly authorised officer of a local authority, or by an occupier of any premises visited by him in the course of the collection;
for prohibiting persons under a prescribed age from acting as collectors, and prohibiting others from causing them so to act.
Nothing in subsection (2) or (3) prejudices the generality of subsection (1)(a) or (b).
Regulations under this section may provide that any failure to comply with a specified provision of the regulations is to be an offence punishable on summary conviction by a fine not exceeding level 2 on the standard scale.
Before making regulations under this section theSecretary of State must consult such persons or bodies of persons as he considers appropriate.
A person commits an offence if, in connection with any charitable appeal, he displays or uses—
a prescribed badge or prescribed certificate of authority which is not for the time being held by him for the purposes of the appeal pursuant to regulations under section 63, or
any badge or article, or any certificate or other document, so nearly resembling a prescribed badge or (as the case may be) a prescribed certificate of authority as to be likely to deceive a member of the public.
A person commits an offence if— he knowingly or recklessly furnishes any information which is false or misleading in a material particular.
for the purposes of an application made under section 51 or section 58, or
for the purposes of section 49 or section 50,
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
In subsection (1) “prescribed badge” and “prescribed certificate of authority” mean respectively a badge and a certificate of authority in such form as may be prescribed.
Where any offence under this Chapter or any regulations made under it— he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
is committed by a body corporate, and
is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity,
In subsection (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
This section applies to any notice required to be served under this Chapter.
A notice to which this section applies may be served on a person (other than a body corporate)—
by delivering it to that person;
by leaving it at his last known address in the United Kingdom; or
by sending it by post to him at that address.
A notice to which this section applies may be served on a body corporate by delivering it or sending it by post—
to the registered or principal office of the body in the United Kingdom, or
if it has no such office in the United Kingdom, to any place in the United Kingdom where it carries on business or conducts its activities (as the case may be).
A notice to which this section applies may also be served on a person (including a body corporate) by sending it by post to that person at an address notified by that person for the purposes of this subsection to the person or persons by whom it is required to be served.
Section 60 of the Charities Act 1992 (c. 41) (fund-raisers required to indicate institutions benefiting and arrangements for remuneration) is amended as follows.
In subsection (1) (statements by professional fund-raisers raising money for particular charitable institutions), for paragraph (c) substitute—
In subsection (2) (statements by professional fund-raisers raising money for charitable purposes etc.), for paragraph (c) substitute—
In subsection (3) (statements by commercial participators raising money for particular charitable institutions), for paragraph (c) substitute—
After subsection (3) insert—
After section 60 of the 1992 Act insert—
After section 64 of the 1992 Act insert—
A relevant Minister may give financial assistance to any charitable, benevolent or philanthropic institution in respect of any of the institution's activities which directly or indirectly benefit the whole or any part of England (whether or not they also benefit any other area).
Financial assistance under subsection (1) may be given in any form and, in particular, may be given by way of—
grants,
loans,
guarantees, or
incurring expenditure for the benefit of the person assisted.
Financial assistance under subsection (1) may be given on such terms and conditions as the relevant Minister considers appropriate.
Those terms and conditions may, in particular, include provision as to—
the purposes for which the assistance may be used;
circumstances in which the assistance is to be repaid, or otherwise made good, to the relevant Minister, and the manner in which that is to be done;
the making of reports to the relevant Minister regarding the uses to which the assistance has been put;
the keeping, and making available for inspection, of accounts and other records;
the carrying out of examinations by the Comptroller and Auditor General into the economy, efficiency and effectiveness with which the assistance has been used;
the giving by the institution of financial assistance in any form to other persons on such terms and conditions as the institution or the relevant Minister considers appropriate.
A person receiving assistance under this section must comply with the terms and conditions on which it is given, and compliance may be enforced by the relevant Minister.
A relevant Minister may make arrangements for— by some other person.
assistance under subsection (1) to be given, or
any other of his functions under this section to be exercised,
Arrangements under subsection (6) may make provision for the functions concerned to be so exercised— but do not prevent the functions concerned from being exercised by a relevant Minister.
either wholly or to such extent as may be specified in the arrangements, and
either generally or in such cases or circumstances as may be so specified,
As soon as possible after 31st March in each year, a relevant Minister must make a report on any exercise by him of any powers under this section during the period of 12 months ending on that day.
The relevant Minister must lay a copy of the report before each House of Parliament.
In this section “charitable, benevolent or philanthropic institution” means—
a charity, or
an institution (other than a charity) which is established for charitable, benevolent or philanthropic purposes.
In this section “relevant Minister” means the Secretary of State or the Minister for the Cabinet Office.
The National Assembly for Wales may give financial assistance to any charitable, benevolent or philanthropic institution in respect of any of the institution's activities which directly or indirectly benefit the whole or any part of Wales (whether or not they also benefit any other area).
Financial assistance under subsection (1) may be given in any form and, in particular, may be given by way of—
grants,
loans,
guarantees, or
incurring expenditure for the benefit of the person assisted.
Financial assistance under subsection (1) may be given on such terms and conditions as the Assembly considers appropriate.
Those terms and conditions may, in particular, include provision as to—
the purposes for which the assistance may be used;
circumstances in which the assistance is to be repaid, or otherwise made good, to the Assembly, and the manner in which that is to be done;
the making of reports to the Assembly regarding the uses to which the assistance has been put;
the keeping, and making available for inspection, of accounts and other records;
the carrying out of examinations by the Auditor General for Wales into the economy, efficiency and effectiveness with which the assistance has been used;
the giving by the institution of financial assistance in any form to other persons on such terms and conditions as the institution or the Assembly considers appropriate.
A person receiving assistance under this section must comply with the terms and conditions on which it is given, and compliance may be enforced by the Assembly.
The Assembly may make arrangements for— by some other person.
assistance under subsection (1) to be given, or
any other of its functions under this section to be exercised,
Arrangements under subsection (6) may make provision for the functions concerned to be so exercised— but do not prevent the functions concerned from being exercised by the Assembly.
either wholly or to such extent as may be specified in the arrangements, and
either generally or in such cases or circumstances as may be so specified,
After 31st March in each year, the Assembly must publish a report on the exercise of powers under this section during the period of 12 months ending on that day.
In this section “charitable, benevolent or philanthropic institution” means—
a charity, or
an institution (other than a charity) which is established for charitable, benevolent or philanthropic purposes.
This section applies if a body (referred to in this section as “the Northern Ireland regulator”) is established to exercise functions in Northern Ireland which are similar in nature to the functions exercised in England and Wales by the Charity Commission.
The Secretary of State may by regulations authorise relevant public authorities to disclose information to the Northern Ireland regulator for the purpose of enabling or assisting the Northern Ireland regulator to discharge any of its functions.
If the regulations authorise the disclosure of Revenue and Customs information, they must contain provision in relation to that disclosure which corresponds to the provision made in relation to the disclosure of such information by section 55 of the Charities Act 2011 ....
In the case of information disclosed to the Northern Ireland regulator pursuant to regulations made under this section, any power of the Northern Ireland regulator to disclose the information is exercisable subject to any express restriction subject to which the information was disclosed to the Northern Ireland regulator.
Subsection (4) does not apply in relation to Revenue and Customs information disclosed to the Northern Ireland regulator pursuant to regulations made under this section; but any such information may not be further disclosed except with the consent of the Commissioners for Her Majesty's Revenue and Customs.
Any person specified, or of a description specified, in regulations made under this section who discloses information in contravention of subsection (5) is guilty of an offence and liable—
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum, or both;
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.
It is a defence for a person charged with an offence under subsection (5) of disclosing information to prove that he reasonably believed—
that the disclosure was lawful, or
that the information had already and lawfully been made available to the public.
In the application of this section to Scotland or Northern Ireland, the reference to 12 months in subsection (6) is to be read as a reference to 6 months.
In this section—
“company law” means the enactments relating to companies.
The Secretary of State must, before the end of the period of five years beginning with the day on which this Act is passed, appoint a person to review generally the operation of this Act.
The review must address, in particular, the following matters—
the effect of the Act on—
excepted charities,
public confidence in charities,
the level of charitable donations, and
the willingness of individuals to volunteer,
the status of the Charity Commission as a government department, and
any other matters the Minister considers appropriate.
After the person appointed under subsection (1) has completed his review, he must compile a report of his conclusions.
The Secretary of State must lay before Parliament a copy of the report mentioned in subsection (3).
For the purposes of this section a charity is an excepted charity if —
it falls within paragraph (b) or (c) of section 3A(2) of the 1993 Act (as amended by section 9 of this Act), or
it does not fall within either of those paragraphs but, immediately before 31 January 2009, it fell within section 3(5)(b) or (5B)(b) of the 1993 Act.
This section has effect, in relation to any time occurring on or after the commencement of the Charities Act 2011 as if—
the reference in subsection (1) to the operation of this Act included (in relation to provisions of this Act repealed and re-enacted by the 2011 Act) a reference to the operation of the 2011 Act,
the reference in subsection (2)(a) to the effect of the Act included (in relation to provisions of this Act repealed and re-enacted by the 2011 Act) a reference to the effect of the 2011 Act, and
the reference in subsection (5)(a) to paragraph (b) or (c) of section 3A(2) of the 1993 Act (as amended by section 9 of this Act) were a reference to paragraph (b) or (c) of section 30(2) of the 2011 Act.
Any power of a relevant Minister to make an order or regulations under this Act is exercisable by statutory instrument.
Any such power—
may be exercised so as to make different provision for different cases or descriptions of case or different purposes or areas, and
includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the relevant Minister considers appropriate.
Subject to subsection (4), orders or regulations made by a relevant Minister under this Act are to be subject to annulment in pursuance of a resolution of either House of Parliament.
Subsection (3) does not apply to—
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any regulations under section 72,
any order under section 75(4) which amends or repeals any provision of an Act or an Act of the Scottish Parliament,
any order under section ... 77, or
any order under section 79(2).
No order or regulations within subsection (4) ... (c), (d) or (e) may be made by a relevant Minister (whether alone or with other provisions) unless a draft of the order or regulations has been laid before, and approved by resolution of, each House of Parliament.
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In this section “relevant Minister” means the Secretary of State or the Minister for the Cabinet Office.
Schedule 8 contains minor and consequential amendments.
Schedule 9 makes provision for the repeal and revocation of enactments (including enactments which are spent).
Schedule 10 contains transitional provisions and savings.
A relevant Minister may by order make— as he considers appropriate for the general purposes, or any particular purposes, of this Act or in consequence of, or for giving full effect to, any provision made by this Act.
such supplementary, incidental or consequential provision, or
such transitory, transitional or saving provision,
An order under subsection (4) may amend, repeal, revoke or otherwise modify any enactment (including an enactment restating, with or without modifications, an enactment amended by this Act).
In this section “relevant Minister” means the Secretary of State or the Minister for the Cabinet Office.
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The Minister may by order make such amendments of the enactments relating to charities as in his opinion facilitate, or are otherwise desirable in connection with, the consolidation of the whole or part of those enactments.
An order under this section shall not come into force unless— is passed consolidating the whole or part of the enactments relating to charities (with or without any other enactments).
a single Act, or
a group of two or more Acts,
If such an Act or group of Acts is passed, the order shall (by virtue of this subsection) come into force immediately before the Act or group of Acts comes into force.
Once an order under this section has come into force, no further order may be made under this section.
In this section— and section 78(2)(a) (definition of “charity”) does not apply for the purposes of this section.
“proceeds”, in relation to a public charitable collection, means all money or other property given (whether for consideration or otherwise) in response to the charitable appeal in question;
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Any consultation initiated by the Charity Commissioners for England and Wales before the day on which section 4 of this Act comes into force is to be as effective for the purposes of section 4(4)(a) as if it had been initiated by the Commission on or after that day.
The amendment made by section 33 applies in relation to matters (“pre-commencement matters”) of which a person became aware at any time falling— as well as in relation to matters of which he becomes aware on or after that day. Any duty imposed by virtue of the new section 68A(1) of the 1993 Act inserted by section 33 must be complied with in relation to any such pre-commencement matters as soon as practicable after section 33 comes into force.
Sections 73D and 73E of the 1993 Act (as inserted by section 38 of this Act) have effect in relation to acts or omissions occurring before the day on which section 38 comes into force as well as in relation to those occurring on or after that day.
In relation to an offence committed in England and Wales before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44) (general limit on magistrates' court’s power to impose imprisonment), the reference to 12 months in section 72(6) is to be read as a reference to 6 months.
The amendment made by section 19 applies where the misconduct or other relevant conduct on the part of the person suspended or removed from his office or employment took place on or after the day on which section 19 comes into force.
The amendments made by section 28 apply in relation to any financial year of a charity which begins on or after the day on which that section comes into force.
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In section 6 of the 1993 Act (power of Commission to require charity’s name to be changed) omit subsection (9) (exclusion of exempt charities).
Section 16 of the 1993 Act (concurrent jurisdiction of Commission with High Court for certain purposes) is amended as follows. In subsection (4)(c) (application for Commission to exercise powers may be made by Attorney General except in case of exempt charity) omit “in the case of a charity other than an exempt charity,”. In subsection (5) (jurisdiction exercisable in case of charity which is not an exempt charity and whose annual income does not exceed £500) omit “which is not an exempt charity and”.
In section 28 of the 1993 Act (power of Commission to give directions about dormant bank accounts of charities), omit subsection (10) (exclusion of accounts held by or on behalf of exempt charity).
In section 18 of the Commons Act 1899 (power to modify provisions as to recreation grounds)—
for “Charity Commissioners” substitute “ Charity Commission ”, and
for “their” substitute “ its ”.
The National Trust Charity Scheme Confirmation Act 1919 has effect subject to the following amendments.
In section 34 of the Cathedrals Measure 1999 (charities) for “Charity Commissioners” substitute “Charity Commission”.
In Schedule 2 to the Licensing Act 2003 (provision of late night refreshment) in paragraph 5(4)—
for “under section 3” substitute “in accordance with section 3A”, and
for “subsection (5)” substitute “subsection (2)”.
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for “shall be excepted under subsection (5) of section 3 of the Charities Act 1993, from registration under that section” substitute “shall, so far as it is a charity, be treated for the purposes of section 3A(4)(b) of the Charities Act 1993 (institutions to be excepted from registration under that Act) as if that provision applied to it”, and
for “Charity Commissioners” substitute “Charity Commission”.
The Voluntary Hospitals (Paying Patients) Act 1936 has effect subject to the following amendments.
The Equality Act 2006 has effect subject to the following amendments. In section 58(2) (charities relating to religion or belief)— In section 79(1)(a) (interpretation) after “given by” insert “section 1(1) of”.
In section 133(2) of the Municipal Corporations Act 1882 (administration of charitable trusts and vesting of legal estate) for “Charity Commissioners” substitute “ Charity Commission ”.
In section 1 (confirmation of the scheme) for “Charity Commissioners” substitute “ Charity Commission ”.
In section 1 (definitions), in the definition of “Order”, for “Charity Commissioners” substitute “ Charity Commission ”.
In paragraph 3 of the scheme set out in the Schedule, for “Charity Commissioners upon such application made to them for the purpose as they think” substitute “ Charity Commission upon such application made to it for the purpose as it thinks ”.
Section 2 (accommodation for and charges to paying patients) is amended as follows. In subsections (1), (3) and (4) for “Charity Commissioners” substitute “ Charity Commission ”. In subsection (4)—
In section 3(1) (provision for patients able to make some, but not full, payment)—
for “Charity Commissioners are” substitute “ Charity Commission is ”, and
for “they” substitute “ it ”.
In section 4 (provisions for protection of existing trusts)—
for “Charity Commissioners” substitute “ Charity Commission ”, and
in paragraphs (a), (b) and (c) for “they are” substitute “ it is ”.
Section 5 (power to make rules) is amended as follows. In subsection (1)— In subsection (3)— In the sidenote, for “Charity Commissioners” substitute “ Charity Commission ”.
In section 6(2) (savings)—
for “Charity Commissioners” substitute “ Charity Commission ”, and
for “them” substitute “ it ”.
The Secretary of State may by order make such amendments of the 1993 Act or this Act as he considers appropriate—
in consequence of, or in connection with, any changes made or to be made by any enactment to the provisions of company law relating to the accounts of charitable companies or to the auditing of, or preparation of reports in respect of, such accounts;
for the purposes of, or in connection with, applying provisions of Schedule 5A to the 1993 Act (group accounts) to charitable companies that are not required to produce group accounts under company law.
In this section—
The repeal by this Act of section 49 of, and Schedule 5 to, the 1992 Act (amendments relating to redundant churches etc.) does not affect the amendments made by that Schedule in the Redundant Churches and Other Religious Buildings Act 1969.
In this Act—
In this Act— ...
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“charitable purposes” has (in accordance with section 2(2) of the Charities Act 2011) the meaning given by section 2(1) of that Act; and
“charity trustees” has the same meaning as in that Act;
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In this Act “enactment” includes— and references to enactments include enactments passed or made after the passing of this Act.
any provision of subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)),
a provision of a Measure of the Church Assembly or of the General Synod of the Church of England, and
(in the context of section ... 75(5)) any provision made by or under an Act of the Scottish Parliament or Northern Ireland legislation,
In this Act “institution” means an institution whether incorporated or not, and includes a trust or undertaking.
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Subsections (2) to (5) apply except where the context otherwise requires.
The following provisions come into force on the day on which this Act is passed—
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section 74,
section 75(4) and (5),
section 78,
section 77,
this section and section 80, and
the following provisions of Schedule 8— paragraph 90(2), ... and section 75(1) so far as relating to those provisions.
Otherwise, this Act comes into force on such day as the Secretary of Statemay by order appoint.
An order under subsection (2)—
may appoint different days for different purposes or different areas;
make such provision as the Secretary of State considers necessary or expedient for transitory, transitional or saving purposes in connection with the coming into force of any provision of this Act.
This Act may be cited as the Charities Act 2006.
Subject to subsections (3) to (7), this Act extends to England and Wales only.
The following provisions extend also to Scotland—
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sections 72 and 74,
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section 75(4) and (5), sections 77 to 79 and this section.
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references in sections 1(1) and 2(1) to the law of England and Wales are to be read as references to the law of Scotland, and
the reference in section 1(1) to the High Court is to be read as a reference to the Court of Session.
The following provisions extend also to Northern Ireland—
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sections 72 and 74,
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section 75(4) and (5), sections 77 to 79 and this section.
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references in sections 1(1) and 2(1) to the law of England and Wales are to be read as references to the law of Northern Ireland, and
the reference in section 1(1) to the High Court is to be read as a reference to the High Court in Northern Ireland.
Any amendment, repeal or revocation made by this Act has the same extent as the enactment to which it relates.
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Subsection (7) ... does not apply to— which extend to England and Wales only.
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the amendments made by Schedule 8 in the Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31), or
the repeal made in that Act by Schedule 9,
Section 6
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Section 6
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“the 1992 Act” means the Charities Act 1992 (c. 41);
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any local authority in England, Wales or Scotland,
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Section 5 of the Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (regulation of street collections) is amended as follows. In subsection (1) for “the benefit of charitable or other purposes,” substitute “ any purposes in circumstances not involving the making of a charitable appeal, ”. In paragraph (b) of the proviso to subsection (1) omit the words from “ , and no representation ” onwards. “charitable appeal” has the same meaning as in Chapter 1 of Part 3 of the Charities Act 2006;
In Part 2 of the Second Schedule to the Landlord and Tenant Act 1927 (application to ecclesiastical and charity land), in paragraph 2, for “Charity Commissioners” substitute “ Charity Commission ”.
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In section 33(6) of the London County Council (General Powers) Act 1951 (improvement of roadside amenities: saving for certain land) for “Charity Commissioners” substitute “ Charity Commission ”.
Section 34 of the London County Council (General Powers) Act 1955 (powers as to erection of buildings: saving for certain land and buildings) is amended as follows. In subsection (2)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 5 of the Church Funds Investment Measure 1958 (jurisdiction of Charity Commissioners) is omitted.
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The Redundant Churches and other Religious Buildings Act 1969 has effect subject to the following amendments.
In section 131(3) of the Local Government Act 1972 (savings in relation to charity land) for “Charity Commissioners” substitute “Charity Commission”.
The Endowments and Glebe Measure 1976 has effect subject to the following amendments.
In section 3(9) of the Rates Act 1984 (expenditure levels) for “, or excepted from registration, under section 3 of the Charities Act 1993” substitute “in accordance with section 3A of the Charities Act 1993 or not required to be registered (by virtue of subsection (2) of that section)”.
In section 10(1) of the Housing Associations Act 1985 (dispositions excepted from section 9 of that Act) for “Charity Commissioners” (in both places) substitute “Charity Commission”.
The Reverter of Sites Act 1987 has effect subject to the following amendments.
In section 4 of the London Local Authorities Act 1991 (interpretation of Part 2), in paragraph (d) of the definition of “establishment for special treatment”, for the words from “under section 3” to “that section” substitute “in accordance with section 3A of the Charities Act 1993 or is not required to be registered (by virtue of subsection (2) of that section)”.
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Section 4 (transfer of certain redundant places of worship) is amended as follows. In subsections (6), (7) and (8) for “Charity Commissioners” substitute “Charity Commission”. In subsection (6) for “Commissioners'” substitute “Commission's”. In subsection (8) for “they have” substitute “it has”. After subsection (8) insert—
In section 11(2) (extinguishment of certain trusts) for “the Charity Commissioners” substitute “the Charity Commission or in accordance with such provisions of section 36(2) to (8) of the Charities Act 1993 as are applicable”.
Section 2 (Charity Commissioners' schemes) is amended as follows. In subsection (1) for “Charity Commissioners” substitute “Charity Commission”. For subsection (3) substitute— In subsection (5)— In subsection (7) for “Charity Commissioners” substitute “Charity Commission”. In subsection (8)— In the sidenote, for “Charity Commissioners'” substitute “Charity Commission's”.
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for “the Board of Charity Commissioners” substitute “the Charity Commission”, and
for “the Charity Commissioners” substitute “the Charity Commission”.
In section 7(2) (saving) for “Charity Commissioners” (in both places) substitute “Charity Commission”.
In section 18(2) (means by which land may become diocesan) for “Charity Commissioners” substitute “Charity Commission”.
Section 4 (provisions supplemental to sections 2 and 3) is amended as follows. In subsection (1)— For subsections (2) and (3) substitute— In subsection (4)—
In section 5(3) (orders under section 554 of the Education Act 1996)—
for “Charity Commissioners” (in both places) substitute “Charity Commission”;
for “the Commissioners” substitute “the Commission”; and
for “them” substitute “it”.
Section 8
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“accounts” includes group accounts;
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This paragraph applies where, immediately before the coming into force of the repeal by this Act of section 35(6) of the Charities Act 1960 (c. 58) (transfer and evidence of title to property vested in trustees), any relevant provision had effect, in accordance with that provision, as if contained in a conveyance or other document declaring the trusts on which land was held at the commencement of that Act. In such a case the relevant provision continues to have effect as if so contained despite the repeal of section 35(6) of that Act. A “relevant provision” means a provision of any of the following Acts providing for the appointment of trustees— as in force at the commencement of the Charities Act 1960.
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The Pensions Act 2004 has effect subject to the following amendments.
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In section 75(2) of the Local Government Act 1894 (construction of that Act) the definition of “ecclesiastical charity” is amended as follows. In the second paragraph (proviso)— In the third paragraph (inclusion of other buildings) for “Charity Commissioners” substitute “ Charity Commission ”.
The repeal by this Act of section 39(2) of the Charities Act 1960 (repeal of obsolete enactments) does not affect the continued operation of any trusts which, at the commencement of that Act, were wholly or partly comprised in an enactment specified in Schedule 5 to that Act (enactments repealed as obsolete).
The Charity Commission. Functions under the Charities Act 1993 (c. 10) or the Charities Act 2006.
The repeal by this Act of section 48(1) of, and Schedule 6 to, the Charities Act 1960 (consequential amendments etc.) does not affect the amendments made by Schedule 6 in—
section 9 of the Places of Worship Registration Act 1855 (c. 81),
section 4(1) of the Open Spaces Act 1906 (c. 25),
section 24(4) of the Landlord and Tenant Act 1927 (c. 36), or
section 14(1) or 31 of the New Parishes Measure 1943.
The Charity Commission. Functions under the Charities Act 1993 (c. 10) or the Charities Act 2006.
Despite the repeal by this Act of section 48(3) of the Charities Act 1960, section 30(3) to (5) of the 1993 Act continue to apply to documents enrolled by or deposited with the Charity Commissioners under the Charitable Trusts Acts 1853 to 1939.
Despite the repeal by this Act of section 48(4) of the Charities Act 1960—
any scheme, order, certificate or other document issued under or for the purposes of the Charitable Trusts Acts 1853 to 1939 and having effect in accordance with section 48(4) immediately before the commencement of that repeal continues to have the same effect (and to be enforceable or liable to be discharged in the same way) as would have been the case if that repeal had not come into force, and
any such document, and any document under the seal of the official trustees of charitable funds, may be proved as if the 1960 Act had not been passed.
Despite the repeal by this Act of section 48(6) of the Charities Act 1960 (c. 58), the official custodian for charities is to continue to be treated as the successor for all purposes both of the official trustee of charity lands and of the official trustees of charitable funds as if— Despite the repeal of section 48(6) (and without affecting the generality of sub-paragraph (1))—
The repeal by this Act of the Charities Act 1960 does not affect any transitional provision or saving contained in that Act which is capable of having continuing effect but whose effect is not preserved by any other provision of this Schedule.
Section 8
...
Section 12
Section 30
...
Section 34
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in subsection (2), after paragraph (a) insert—,
in subsection (4), for “or 45” substitute “, 45, 69N or 69Q”.
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Section 75
“business premises” means any premises used for business or other commercial purposes;
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Section 79 of the Deregulation and Contracting Out Act 1994 (interpretation of Part 2) is amended as follows. For subsection (3)(a) substitute— In subsection (4) after “those Commissioners” insert “or that Commission”.
In section 6(7) of the Trusts of Land and Appointment of Trustees Act 1996 (limitation on general powers of trustees) for “Charity Commissioners” substitute “Charity Commission”.
Section 75 Short title and chapter or title and number Extent of repeal or revocation Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31) In section 5(1), in paragraph (b) of the proviso, the words from “, and no representation” onwards. Recreational Charities Act 1958 (c. 17) Section 2. Church Funds Investment Measure 1958 (No. 1) Section 5. Charities Act 1960 (c. 58) The whole Act. Housing Act 1985 (c. 68) In section 6A(5), the words from “and is not” onwards. Reverter of Sites Act 1987 (c. 15) In section 4(4), the words “and appeals” and (in both places) “, and to appeals against,”. Charities Act 1992 (c. 41) Part 1 (so far as unrepealed). Part 3. Section 76(1)(c) and the word “and” preceding it. In section 77(4), “or 73”. In section 79, in subsection (6) the words “(subject to subsection (7))”, and subsection (7). Schedule 5. In Schedule 6, paragraph 9. In Schedule 7, the entry relating to the Police, Factories, &c. (Miscellaneous Provisions) Act 1916. Charities Act 1993 (c. 10) Section 1. In section 2(7), the words from “, and the report” onwards. In section 4, subsection (3) and, in subsection (5), the words “, whether given on such an appeal or not”. Section 6(9). Section 9(4). In section 16, in subsection (4)(c) the words “in the case of a charity other than an exempt charity,”, in subsection (5) the words “which is not an exempt charity and”, and subsections (11) to (14). In section 17(7), the words from “but this subsection” onwards. Section 18(8) to (10). In section 23(2), the words “or them”. In section 24(8), the words from “; and if the scheme” onwards. Section 28(10). In section 33, in each of subsections (2) and (7) the words “(other than an exempt charity)”. Section 44(3). Section 46(8). Section 61(7). In section 73(4), the words “(other than an exempt charity)”. Section 92. In section 96, in the definition of “exempt charity” in subsection (1) the words “(subject to section 24(8) above)”, and subsection (4). Schedule 1. In Schedule 2, in paragraph (b) the words “and the colleges of Winchester and Eton”, and paragraph (x). In Schedule 6, paragraphs 1(2), 26, 28 and 29(2) to (4), (7) and (8). National Lottery etc. Act 1993 (c. 39) In Schedule 5, paragraph 12. Local Government (Wales) Act 1994 (c. 19) In Schedule 16, paragraph 99. Deregulation and Contracting Out Act 1994 (c. 40) Section 28. Section 29(7) and (8). Housing Act 1996 (c. 52) In section 58(1)(b), the words from “and is not” onwards. Teaching and Higher Education Act 1998 (c. 30) Section 41. In Schedule 3, paragraph 9. School Standards and Framework Act 1998 (c. 31) In section 23(1), the words “which are exempt charities for the purposes of the Charities Act 1993”. In Schedule 30, paragraph 48. Intervention Board for Agricultural Produce (Abolition) Regulations 2001 (S.I. 2001/3686) Regulation 6(11)(a). Regulatory Reform (National Health Service Charitable and Non-Charitable Trust Accounts and Audit) Order 2005 (S.I. 2005/1074) Article 3(5).
Section 75