Charities Act 2006 (c. 50)

(The document as of February, 2008)

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36 In section 35 of the City of London (Guild Churches) Act 1952 (saving of rights of certain persons) for "Charity Commissioners" substitute "Charity Commission".

London County Council (General Powers) Act 1955 (c. xxix)

37 (1) 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.

(2) In subsection (2)--

(a) for "Charity Commissioners" substitute "Charity Commission", and

(b) at the end add "; but this is subject to subsection (3)".

(3) After subsection (2) add--

" (3) In relation to any disposition of land falling within section 36(1) of the Charities Act 1993, the Council may, instead of acting with the sanction of an order of the court or of the Charity Commission, make the disposition in accordance with such provisions of section 36(2) to (8) of that Act as are applicable. "

Parochial Church Councils (Powers) Measure 1956 (No. 3)

38 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".

Recreational Charities Act 1958 (c. 17)

39 In section 6 of the Recreational Charities Act 1958 (short title and extent) for subsection (2) substitute--

" (2) Section 1 of this Act, as amended by section 5 of the Charities Act 2006, has the same effect in relation to the law of Scotland or Northern Ireland as section 5 of that Act has by virtue of section 80(3) to (6) of that Act.

(3) Sections 1 and 2 of this Act, as in force before the commencement of section 5 of that Act, continue to have effect in relation to the law of Scotland or Northern Ireland so far as they affect the construction of any references to charities or charitable purposes which--

(a) are to be construed in accordance with the law of England and Wales, but

(b) are not contained in enactments relating to matters of the kind mentioned in section 80(4) or (6) of that Act. "

Church Funds Investment Measure 1958 (No. 1)

40 Section 5 of the Church Funds Investment Measure 1958 (jurisdiction of Charity Commissioners) is omitted.

Incumbents and Churchwardens (Trusts) Measure 1964 (No. 2)

41 The Incumbents and Churchwardens (Trusts) Measure 1964 has effect subject to the following amendments.

42 In section 2(3) (property to which Measure applies) for "Charity Commissioners" substitute "Charity Commission".

43 In section 3(6) (vesting of property in diocesan authority: saving) for "Charity Commissioners" substitute "Charity Commission".

44 In section 5 (provisions as to property vested in the diocesan authority) for "Charity Commissioners" substitute "Charity Commission".

45 (1) The Schedule (procedure where diocesan authority is of the opinion that Measure applies to an interest) is amended as follows.

(2) In paragraph 2 for "Charity Commissioners" substitute "Charity Commission".

(3) In paragraph 3--

(a) for "Charity Commissioners" substitute "Charity Commission",

(b) for "they think" (in both places) substitute "it thinks", and

(4) In paragraph 5--

(a) for "Charity Commissioners have" substitute "Charity Commission has", and

(b) for "they" substitute "it".

Faculty Jurisdiction Measure 1964 (No. 5)

46 In section 4(2) of the Faculty Jurisdiction Measure 1964 (sale of books in parochial libraries under a faculty) for "Charity Commissioners" substitute "Charity Commission".

Industrial and Provident Societies Act 1965 (c. 12)

47 In section 7D(4) of the Industrial and Provident Societies Act 1965 (application of sections 7A and 7B to charitable societies) for "Charity Commissioners" substitute "Charity Commission".

Clergy Pensions (Amendment) Measure 1967 (No. 1)

48 In section 4(5) of the Clergy Pensions (Amendment) Measure 1967 (amendments of powers of Board relating to provision of residences) for "Charity Commissioners" and "said Commissioners" substitute "Charity Commission".

Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c. xxix)

49 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".

Redundant Churches and other Religious Buildings Act 1969 (c. 22)

50 The Redundant Churches and other Religious Buildings Act 1969 has effect subject to the following amendments.

51 (1) Section 4 (transfer of certain redundant places of worship) is amended as follows.

(2) In subsections (6), (7) and (8) for "Charity Commissioners" substitute "Charity Commission".

(3) In subsection (6) for "Commissioners'" substitute "Commission's".

(4) In subsection (8) for "they have" substitute "it has".

(5) After subsection (8) insert--

" (8A) Schedule 1C to the Charities Act 1993 shall apply in relation to an order made by virtue of subsection (8) above as it applies in relation to an order made under section 16(1) of that Act. "

52 In section 7(2) (saving) for "Charity Commissioners" (in both places) substitute "Charity Commission".

Children and Young Persons Act 1969 (c. 54)

53 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".

Synodical Government Measure 1969 (No. 2)

54 (1) Schedule 3 to the Synodical Government Measure 1969 (which sets out the Church Representation Rules) is amended as follows.

(2) In Rule 46A(a)--

(a) for "Charity Commissioners" substitute "Charity Commission", and

(b) for "them" substitute "it".

(3) In Section 4 of Appendix I to those Rules (which sets out certain forms), in Note 3--

(a) for "Charity Commissioners" substitute "Charity Commission", and

(b) for "them" substitute "it".

(4) In Section 6 of that Appendix, in the Note--

(a) for "Charity Commissioners" substitute "Charity Commission", and

(b) for "them" substitute "it".

(5) In Appendix II to those Rules (general provisions relating to parochial church councils), in paragraph 16, for "Charity Commissioners" substitute "Charity Commission".

Local Government Act 1972 (c. 70)

55 In section 131(3) of the Local Government Act 1972 (savings in relation to charity land) for "Charity Commissioners" substitute "Charity Commission".

Consumer Credit Act 1974 (c. 39)

56 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".

Sex Discrimination Act 1975 (c. 65)

57 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".

Endowments and Glebe Measure 1976 (No. 4)

58 The Endowments and Glebe Measure 1976 has effect subject to the following amendments.

59 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".

60 In section 18(2) (means by which land may become diocesan) for "Charity Commissioners" substitute "Charity Commission".

Interpretation Act 1978 (c. 30)

61 In Schedule 1 to the Interpretation Act 1978 (words and expressions defined) for the definition of "Charity Commissioners" substitute--

" "Charity Commission" means the Charity Commission for England and Wales established by section 1A of the Charities Act 1993. "

Dioceses Measure 1978 (No. 1)

62 The Dioceses Measure 1978 has effect subject to the following amendments.

63 In section 5(1) (preparation of draft scheme: meaning of "interested parties"), in paragraph (e), for "the Charity Commissioners" substitute "the Charity Commission".

64 In section 19(4) (schemes with respect to discharge of functions of diocesan bodies corporate, etc.) for "Charity Commissioners" substitute "Charity Commission".

Disused Burial Grounds (Amendment) Act 1981 (c. 18)

65 In section 6 of the Disused Burial Grounds (Amendment) Act 1981 (saving for Charity Commission) for "Charity Commissioners" substitute "Charity Commission".

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

66 In Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (street trading) for paragraph 1(2)(j) substitute--

" (j) conducting a public charitable collection that--

(i) is conducted in accordance with section 48 or 49 of the Charities Act 2006, or

(ii) is an exempt collection by virtue of section 50 of that Act. "

Administration of Justice Act 1982 (c. 53)

67 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".

Pastoral Measure 1983 (No. 1)

68 The Pastoral Measure 1983 has effect subject to the following amendments.

69 In section 55(1) (schemes under the Charities Act 1993 for redundant chapels belonging to charities) for "Charity Commissioners" substitute "Charity Commission".

70 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".

71 In section 76(1) (grant of land for new churches etc. and vesting of certain churches) for "Charity Commissioners" substitute "Charity Commission".

72 In Schedule 3, in paragraph 11(1), (2), (6) and (7), for "Charity Commissioners" substitute "Charity Commission".

Rates Act 1984 (c. 33)

73 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)".

Companies Act 1985 (c. 6)

74 The Companies Act 1985 has effect subject to the following amendments.

75 (1) Section 380 (registration of resolutions) is amended as follows.

(2) In subsection (4), at the beginning insert "Except as mentioned in subsection (4ZB),".

(3) After subsection (4ZA) insert--

" (4ZB) Paragraphs (a) and (c) of subsection (4) do not apply to the resolutions of a charitable company mentioned in paragraphs (a) and (b) respectively of section 69G(6) of the Charities Act 1993. "

76 In Schedule 15D (permitted disclosures of information), in paragraph 21, for "Charity Commissioners to exercise their" substitute "Charity Commission to exercise its".

Housing Act 1985 (c. 68)

77 (1) Section 6A of the Housing Act 1985 (definition of "Relevant Authority") is amended as follows.

(2) In subsection (2) for "Charity Commissioners" substitute "Charity Commission".

(3) In subsection (5)--

(a) for "under section 3" substitute "in accordance with section 3A", and

(b) omit the words from "and is not" onwards.

Housing Associations Act 1985 (c. 69)

78 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".

Agricultural Holdings Act 1986 (c. 5)

79 In section 86(4) of the Agricultural Holdings Act 1986 (power of landlord to obtain charge on holding) for "Charity Commissioners" substitute "Charity Commission".

Coal Industry Act 1987 (c. 3)

80 (1) Section 5 of the Coal Industry Act 1987 (coal industry trusts) is amended as follows.

(2) In subsection (1)--

(a) for "Charity Commissioners" (in the first place) substitute "Charity Commission ("the Commission")",

(b) for "to them" substitute "to the Commission",

(d) for "they consider" substitute "the Commission considers".

(3) In subsection (2) for "Charity Commissioners consider" (in both places) substitute "Commission considers".

(4) In subsections (4) and (6) for "Charity Commissioners" substitute "Commission".

(5) In subsection (7)--

(a) for "Charity Commissioners" substitute "Commission",

(b) for "their powers" substitute "its powers",

(d) for "the Charities Act 1960" substitute "the Charities Act 1993".

(6) In subsection (8)--

(a) for "16(3), (9), (11) to (14)" substitute "16(3) and (9)",

(b) for "and 20" substitute ", 20 and 20A",

(d) for "their powers" substitute "its powers", and

(e) for "91 and 92" substitute "and 91".

(7) In subsection (8A)--

(a) for "Commissioners" (in both places) substitute "Commission",

(b) for "they were proceeding" substitute "the Commission was proceeding", and

(8) After subsection (8A) insert--

" (8B) Schedule 1C to the Charities Act 1993 shall apply in relation to an order made under this section as it applies in relation to an order made under section 16(1) of that Act. "

(9) In subsection (9) for "Charity Commissioners" substitute "Commission".

(10) In subsection (10)(b) for "Charity Commissioners" substitute "Commission".

Reverter of Sites Act 1987 (c. 15)

81 The Reverter of Sites Act 1987 has effect subject to the following amendments.

82 (1) Section 2 (Charity Commissioners' schemes) is amended as follows.

(2) In subsection (1) for "Charity Commissioners" substitute "Charity Commission".

(3) For subsection (3) substitute--

" (3) The charitable purposes specified in an order made under this section on an application with respect to any trust shall be such as the Charity Commission consider appropriate, having regard to the matters set out in subsection (3A).

(3A) The matters are--

(a) the desirability of securing that the property is held for charitable purposes ("the new purposes") which are close to the purposes, whether charitable or not, for which the trustees held the relevant land before the cesser of use in consequence of which the trust arose ("the former purposes); and

(b) the need for the new purposes to be capable of having a significant social or economic effect.

(3B) In determining the character of the former purposes, the Commission may, if they think it appropriate to do so, give greater weight to the persons or locality benefited by those purposes than to the nature of the benefit. "

(4) In subsection (5)--

(a) for "Charity Commissioners" substitute "Charity Commission",

(b) in paragraph (c), for "Commissioners'" and "them" substitute "Commission's" and "it", and

(5) In subsection (7) for "Charity Commissioners" substitute "Charity Commission".

(6) In subsection (8)--

(a) for "Commissioners'" substitute "Commission's",

(b) for "they think" substitute "it thinks", and

(7) In the sidenote, for "Charity Commissioners'" substitute "Charity Commission's".

83 (1) Section 4 (provisions supplemental to sections 2 and 3) is amended as follows.

(2) In subsection (1)--

(a) for "Charity Commissioners think" substitute "Charity Commission thinks";

(b) for "Commissioners'" substitute "Commission's"; and

(3) For subsections (2) and (3) substitute--

" (2) Schedule 1C to the Charities Act 1993 shall apply in relation to an order made under section 2 above as it applies in relation to an order made under section 16(1) of that Act, except that the persons who may bring an appeal against an order made under section 2 above are--

(a) the Attorney General;

(b) the trustees of the trust established under the order;

(d) any person interested in the purposes for which the last-mentioned trustees or any of their predecessors held the relevant land before the cesser of use in consequence of which the trust arose under section 1 above;

(e) any two or more inhabitants of the locality where that land is situated;

(f) any other person who is or may be affected by the order. "

(4) In subsection (4)--

(a) for "Sections 89, 91 and 92" substitute "Sections 89 and 91", and

(b) omit "and appeals" and (in both places) ", and to appeals against,".

84 In section 5(3) (orders under section 554 of the Education Act 1996)--

(a) for "Charity Commissioners" (in both places) substitute "Charity Commission";

(b) for "the Commissioners" substitute "the Commission"; and

Education Reform Act 1988 (c. 40)

85 For section 125A of the Education Reform Act 1988 substitute--

" 125A Charitable status of a higher education corporation

A higher education corporation shall be a charity within the meaning of the Charities Act 1993 (and in accordance with Schedule 2 to that Act is an exempt charity for the purposes of that Act). "

Courts and Legal Services Act 1990 (c. 41)

86 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".

London Local Authorities Act 1991 (c. xiii)

87 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)".

Further and Higher Education Act 1992 (c. 13)

88 For section 22A of the Further and Higher Education Act 1992 substitute--

" 22A Charitable status of a further education corporation

A further education corporation shall be a charity within the meaning of the Charities Act 1993 (and in accordance with Schedule 2 to that Act is an exempt charity for the purposes of that Act). "

Charities Act 1992 (c. 41)

89 The 1992 Act has effect subject to the following amendments.

90 (1) Section 58 (interpretation of Part 2) is amended as follows.

(2) In subsection (1) after the definition of "institution" insert--

" "the Minister" means the Minister for the Cabinet Office; " .

(3) In subsection (2)--

(a) in paragraph (c) for "to be treated as a promoter of such a collection by virtue of section 65(3)" substitute "a promoter of such a collection as defined in section 47(1) of the Charities Act 2006", and

(b) for "Part III of this Act" substitute "Chapter 1 of Part 3 of the Charities Act 2006".

(4) 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".

91 Omit Part 3 (public charitable collections).

92 In section 76(1) (service of documents) omit paragraph (c) and the "and" preceding it.

93 (1) Section 77 (regulations and orders) is amended as follows.

(2) In subsection (1)(b) for "subsection (2)" substitute "subsections (2) and (2A)".

(3) After subsection (2) insert--

" (2A) Subsection (1)(b) does not apply to regulations under section 64A, and no such regulations may be made unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament. "

(4) In subsection (4)--

(a) after "64" insert "or 64A"; and

(b) omit "or 73".

94 In section 79 (short title, commencement and extent) omit--

(a) in subsection (6), the words "(subject to subsection (7))", and

(b) subsection (7).

95 In Schedule 7 (repeals) omit the entry relating to the Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31).

Charities Act 1993 (c. 10)

96 The 1993 Act has effect subject to the following amendments.

97 In the heading for Part 1, for " Charity Commissioners " substitute " Charity Commission ".

98 (1) Section 2 (official custodian for charities) is amended as follows.

(2) For subsection (2) substitute--

" (2) Such individual as the Commission may from time to time designate shall be the official custodian. "

(3) In subsection (3), for "Commissioners" (in both places) substitute "Commission".

(4) In subsection (4)--

(a) for "officer of the Commissioners" substitute "member of the staff of the Commission", and

(b) for "by them" substitute "by it".

(5) In subsection (7) omit the words from ", and the report" onwards.

(6) After subsection (7) add--

" (8) The Comptroller and Auditor General shall send to the Commission a copy of the accounts as certified by him together with his report on them.

(9) The Commission shall publish and lay before Parliament a copy of the documents sent to it under subsection (8) above. "

99 (1) Section 4 (claims and objections to registration) is amended as follows.

(2) In subsection (2)--

(a) for "the Commissioners" substitute "the Commission", and

(b) for "to them" substitute "to the Commission".

(3) Omit subsection (3).

(4) In subsection (4)--

(a) for "High Court" substitute "Tribunal",

(b) for "the Commissioners" (in the first and third places) substitute "the Commission", and

(5) In subsection (5)--

(a) for "subsection (3) above" substitute "Schedule 1C to this Act",

(b) for "the Commissioners" (in both places) substitute "the Commission", and

100 (1) Section 6 (power to require charity's name to be changed) is amended as follows.

(2) For "Commissioners" (in each place including the sidenote) substitute "Commission".

(3) In subsection (5) for "section 3(7)(b) above" substitute "section 3B(3)".

101 For the heading for Part 3 substitute " Information Powers ".

102 (1) Section 8 (power to institute inquiries) is amended as follows.

(2) In subsection (1) for "The Commissioners" substitute "The Commission".

(3) In subsection (2)--

(a) for "The Commissioners" substitute "The Commission",

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