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Charities Act 2006 (c. 50)(The document as of February, 2008) Page 18 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 (b) for "they think fit" substitute "it thinks fit", (c) after "order of" insert "the Commission or", and (d) for "the Commissioners" (in the third place) substitute "the Commission". (5) After subsection (7) add-- " (8) In this section "the Commissioners" means the Charity Commissioners for England and Wales. " 157 In section 73(4) (person acting as charity trustee while disqualified)-- (a) for "the Commissioners are" substitute "the Commission is", (b) for "they may by order" substitute "the Commission may by order", and (c) for "(as determined by them)" substitute "(as determined by the Commission)". 158 For the heading preceding section 74 substitute "Miscellaneous powers of charities". 159 In section 76(2) (local authority's index of local charities)-- (a) for "the Commissioners" (in both places) substitute "the Commission", and (b) for "they will" substitute "it will". 160 In section 77(1) (reviews of local charities by local authority) for "the Commissioners" substitute "the Commission". 161 (1) Section 79 (parochial charities) is amended as follows. (2) In subsection (1) for "the Commissioners" substitute "the Commission". (3) In subsection (2) for "the Commissioners" (in both places) substitute "the Commission". 162 (1) Section 80 (supervision by Commissioners of certain Scottish charities) is amended as follows. (2) In subsection (1) for paragraph (c) and the "and" preceding it substitute-- " (c) sections 19 to 19C, and (d) section 31A, " . (3) In subsection (2)-- (a) for "the Commissioners are satisfied" substitute "the Commission is satisfied", (b) for "they may make" substitute "it may make", and (c) for "their approval" substitute "the Commission's approval". (4) In subsection (3)-- (a) for "the Commissioners" substitute "the Commission", (b) for "their being" substitute "the Commission being", and (c) for "supplied to them" substitute "supplied to it". (5) In subsection (4)-- (a) for "the Commissioners are satisfied" substitute "the Commission is satisfied", (b) for "supplied to them" substitute "supplied to it", and (c) for "the Commissioners" (in the second place) substitute "the Commission". (6) In subsection (5)-- (a) for "Commissioners" (in each place) substitute "Commission", (b) for "they consider" substitute "it considers", and (c) for "they have received" substitute "it has received". (7) In the sidenote, for "Commissioners" substitute "Commission". 163 (1) Section 84 (supply by Commissioners of copies of documents open to public inspection) is amended as follows. (2) For "The Commissioners" substitute "The Commission". (3) For "their possession" substitute "the Commission's possession". (4) At the end add "or section 75D". (5) In the sidenote, for "Commissioners" substitute "Commission". 164 (1) Section 85 (fees and other amounts payable to Commissioners) is amended as follows. (2) In subsection (1)-- (a) for "the Commissioners" (in both places) substitute "the Commission", and (b) for "kept by them" substitute "kept by the Commission". (3) In subsection (4)-- (a) for "The Commissioners" substitute "The Commission", (b) for "they consider" substitute "it considers", and (c) for "by them" substitute "by it". (4) In subsection (5) for "the Commissioners" substitute "the Commission". (5) In the sidenote, for "Commissioners" substitute "Commission". 165 (1) Section 86 (regulations and orders) is amended as follows. (2) In subsection (2)(a)-- (a) after "17(2)," insert "73F(6)", and (b) after "99(2)" insert "or paragraph 6 of Schedule 1C". (3) In subsection (3)-- (a) for "the Commissioners" (in the first place) substitute "the Commission", and (b) for "the Commissioners consider" substitute "the Commission considers". (4) In subsection (4) after "above" insert "or Schedule 5A,". 166 (1) Section 87 (enforcement of requirement by order of Commissioners) is amended as follows. (2) In subsection (1)-- (a) for "the Commissioners" substitute "the Commission", and (b) for "they consider" substitute "it considers". (3) In subsection (2) for "the Commissioners" (in both places) substitute "the Commission". (4) In the sidenote, for "Commissioners" substitute "Commission". 167 (1) Section 88 (enforcement of orders of Commissioners) is amended as follows. (2) For paragraph (a) substitute-- " (a) to an order of the Commission under section 9(1), 19A, 19B, 44(2), 61, 73, 73C or 80 above; or " . (3) In paragraphs (b) and (c) for "the Commissioners" substitute "the Commission". (4) For "the Commissioners to" substitute "the Commission to". (5) In the sidenote, for "Commissioners" substitute "Commission". 168 (1) Section 89 (other provisions as to orders of Commissioners) is amended as follows. (2) In subsection (1)-- (a) for "the Commissioners" (in the first place) substitute "the Commission", (b) for "the Commissioners think" substitute "the Commission thinks", (c) for "the Commissioners exercise" substitute "the Commission exercises", and (d) for "to them, they may" substitute "to it, it may". (3) In subsection (2)-- (a) for "the Commissioners make" substitute "the Commission makes", (b) for "they may themselves" substitute "the Commission may itself", and (c) for "they think fit" substitute "it thinks fit". (4) In subsection (3)-- (a) for "The Commissioners" substitute "The Commission", (b) for "they have" substitute "it has", (c) for "they are" substitute "it is", and (d) for "to them" substitute "to it". (5) In subsection (4) for "the Commissioners" substitute "the Commission". (6) At the end add-- " (5) Any order made by the Commission under any provision of this Act may be varied or revoked by a subsequent order so made. " (7) In the sidenote, for "Commissioners" substitute "Commission". 169 In section 90 (directions of the Commissioners) for "the Commissioners" (in each place including the sidenote) substitute "the Commission". 170 In section 91 (service of orders and directions), in subsections (1), (4) and (5), for "the Commissioners" (in each place) substitute "the Commission". 171 Omit section 92 (appeals from Commissioners). 172 In section 93 (miscellaneous provisions as to evidence), for subsection (3) substitute-- " (3) Evidence of any order, certificate or other document issued by the Commission may be given by means of a copy which it retained, or which is taken from a copy so retained, and evidence of an entry in any register kept by it may be given by means of a copy of the entry, if (in each case) the copy is certified in accordance with subsection (4). (4) The copy shall be certified to be a true copy by any member of the staff of the Commission generally or specially authorised by the Commission to act for that purpose. (5) A document purporting to be such a copy shall be received in evidence without proof of the official position, authority or handwriting of the person certifying it. (6) In subsection (3) above "the Commission" includes the Charity Commissioners for England and Wales. " 173 (1) Section 96 (construction of references to a "charity" etc.) is amended as follows. (2) In subsection (1) for the definition of "charity" substitute-- " "charity" has the meaning given by section 1(1) of the Charities Act 2006; " . (3) Omit-- (a) in the definition of "exempt charity" in subsection (1), the words "(subject to section 24(8) above)", and (b) subsection (4). (4) In subsections (5) and (6) for "The Commissioners" substitute "The Commission". 174 In section 97(1) (interpretation)-- (a) 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;"; (b) for the definition of "the Commissioners" substitute-- " "the Commission" means the Charity Commission; " ; (c) in the definition of "institution", after ""institution"" insert "means an institution whether incorporated or not, and"; and (d) at the appropriate place insert-- " "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; " . 175 In section 97(3) (general interpretation) for "Part IV or IX" substitute "Part 4, 7, 8A or 9". 176 In section 100(3) (extent) for "Section 10" substitute "Sections 10 to 10C". 177 In paragraph (a) of Schedule 2 (exempt charities) for "the Commissioners" (in the first place) substitute "the Charity Commissioners for England and Wales". 178 (1) Schedule 5 (meaning of "connected person" for the purposes of section 36(2)) is amended as follows. (2) In paragraph 1 for the words preceding paragraphs (a) to (g) substitute-- " (1) In section 36(2) of this Act "connected person", in relation to a charity, means any person who falls within sub-paragraph (2)-- (a) at the time of the disposition in question, or (b) at the time of any contract for the disposition in question. (2) The persons falling within this sub-paragraph are-- " . (3) Paragraphs (a) to (g) of paragraph 1 become paragraphs (a) to (g) of sub-paragraph (2) (as inserted by sub-paragraph (2) above). (4) After paragraph (e) of sub-paragraph (2) (as so inserted) insert-- " (ea) a person carrying on business in partnership with any person falling within any of sub-paragraphs (a) to (e) above; " ; and in paragraph (f)(i) of that sub-paragraph, for "(e)" substitute "(ea)". (5) In paragraph 2-- (a) in sub-paragraph (1), for "1(c)" substitute "1(2)(c)", (b) in sub-paragraph (2), for "1(e)" substitute "1(2)(e)", and (c) after that sub-paragraph add-- " (3) Where two persons of the same sex are not civil partners but live together as if they were, each of them shall be treated for those purposes as the civil partner of the other. " (6) In paragraph 3 for "1(f)" substitute "1(2)(f)". (7) In paragraph 4(1) for "1(g)" substitute "1(2)(g)". Deregulation and Contracting Out Act 1994 (c. 40)179 (1) Section 79 of the Deregulation and Contracting Out Act 1994 (interpretation of Part 2) is amended as follows. (2) For subsection (3)(a) substitute-- " (a) any reference to a Minister included a reference to the Forestry Commissioners or to the Charity Commission; (b) any reference to an officer in relation to the Charity Commission were a reference to a member or member of staff of the Commission; and. " (3) In subsection (4) after "those Commissioners" insert "or that Commission". Pensions Act 1995 (c. 26)180 In section 107(1) of the Pensions Act 1995 (disclosure for facilitating discharge of functions by other supervisory authorities), for the entry in the Table relating to the Charity Commissioners substitute--
Reserve Forces Act 1996 (c. 14)181 (1) Schedule 5 to the Reserve Forces Act 1996 (charitable property on disbanding of units) is amended as follows. (2) In paragraph 1(2) for "the Charity Commissioners" substitute "the Charity Commission". (3) In paragraph 4(1)-- (a) for "Charity Commissioners consider" substitute "Charity Commission considers", and (b) for "they" substitute "it". (4) In paragraph 5(2)-- (a) for "Charity Commissioners" substitute "Charity Commission", and (b) for "the Commissioners" (in both places) substitute "the Commission". (5) In paragraph 6-- (a) for "Charity Commissioners" substitute "Charity Commission", (b) for "the Commissioners" substitute "the Commission", and (c) for "their" substitute "its". Trusts of Land and Appointment of Trustees Act 1996 (c. 47)182 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". Housing Act 1996 (c. 52)183 The Housing Act 1996 has effect subject to the following amendments. 184 In section 3(3) (registration as social landlord) for "Charity Commissioners" substitute "Charity Commission". 185 In section 4(6) (removal from the register of social landlords) for "Charity Commissioners" substitute "Charity Commission". 186 In section 6(3) (notice of appeal against decision on removal) for "Charity Commissioners" substitute "Charity Commission". 187 In section 44(3) (consultation on proposals as to ownership and management of landlord's land) for "Charity Commissioners" substitute "Charity Commission". 188 In section 45(4) (service of copy of agreed proposals) for "Charity Commissioners" substitute "Charity Commission". 189 In section 46(2) (notice of appointment of manager to implement agreed proposals) for "Charity Commissioners" substitute "Charity Commission". 190 In section 56(2) (meaning of "the Relevant Authority") for "Charity Commissioners" substitute "Charity Commission". 191 In section 58(1)(b) (definitions relating to charities)-- (a) for "under section 3" substitute "in accordance with section 3A", and (b) omit the words from "and is not" onwards. 192 (1) Schedule 1 (regulation of registered social landlords) is amended as follows. (2) In paragraph 6(2) (exercise of power to appoint new director or trustee) for "Charity Commissioners" substitute "Charity Commission". (3) In paragraph 10 (change of objects by certain charities)-- (a) in sub-paragraphs (1) and (2) for "Charity Commissioners" (in each place) substitute "Charity Commission", and (b) in sub-paragraph (2) for "their" substitute "its". (4) In paragraph 18(4), for paragraphs (a) and (b) and the words following them substitute-- " (a) the charity's gross income arising in connection with its housing activities exceeds the sum for the time being specified in section 43(1)(a) of the Charities Act 1993, or (b) the charity's gross income arising in that connection exceeds the accounts threshold and at the end of that period the aggregate value of its assets (before deduction of liabilities) in respect of its housing activities exceeds the sum for the time being specified in section 43(1)(b) of that Act; and in this sub-paragraph "gross income" and "accounts threshold" have the same meanings as in section 43 of the Charities Act 1993. " (5) In paragraph 28(4) (notification upon exercise of certain powers in relation to registered charities) for "Charity Commissioners" substitute "Charity Commission". School Standards and Framework Act 1998 (c. 31)193 The School Standards and Framework Act 1998 has effect subject to the following amendments. 194 (1) Section 23 is amended as follows. (2) 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". (3) After that subsection insert-- " (1A) Any body to which subsection (1)(a) or (b) applies is an institution to which section 3A(4)(b) of the Charities Act 1993 applies (institutions to be excepted from registration under that Act). " (4) 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." (5) 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." 195 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)." Cathedrals Measure 1999 (No. 1)196 In section 34 of the Cathedrals Measure 1999 (charities) for "Charity Commissioners" substitute "Charity Commission". Trustee Act 2000 (c. 29)197 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". Churchwardens Measure 2001 (No. 1)198 In section 2(1) of the Churchwardens Measure 2001 (person disqualified from being churchwarden if disqualified from being a charity trustee)-- (a) for "Charity Commissioners" substitute "Charity Commission", and (b) for "them" substitute "it". Licensing Act 2003 (c. 17)199 In Schedule 2 to the Licensing Act 2003 (provision of late night refreshment) in paragraph 5(4)-- (a) for "under section 3" substitute "in accordance with section 3A", and (b) for "subsection (5)" substitute "subsection (2)". Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27)200 The Companies (Audit, Investigations and Community Enterprise) Act 2004 has effect subject to the following amendments. 201 In section 39 (existing companies: charities), in subsections (1) and (2), for "Charity Commissioners" substitute "Charity Commission". 202 In section 40 (existing companies: Scottish charities), in subsections (4)(b) and (6), for "Charity Commissioners" substitute "Charity Commission". 203 In section 54(7) (requirements for becoming a charity or a Scottish charity)-- (a) for "Charity Commissioners" substitute "Charity Commission", and (b) for "their" substitute "its". 204 In paragraph 4 of Schedule 3 (regulator of community interest companies)-- (a) for "Chief Charity Commissioner" substitute "chairman of the Charity Commission", and (b) 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". Pensions Act 2004 (c. 35)205 The Pensions Act 2004 has effect subject to the following amendments. 206 In Schedule 3 (certain permitted disclosures of restricted information held by the Regulator), for the entry relating to the Charity Commissioners substitute--
207 In Schedule 8 (certain permitted disclosures of restricted information held by the Board), for the entry relating to the Charity Commissioners substitute--
Constitutional Reform Act 2005 (c. 4)208 In Part 3 of Schedule 14 to the Constitutional Reform Act 2005 (the Judicial Appointments Commission: relevant offices etc.) after the entries relating to section 6(5) of the Tribunals and Inquiries Act 1992 insert--
Charities and Trustee Investment (Scotland) Act 2005 (asp 10)209 The Charities and Trustee Investment (Scotland) Act 2005 has effect subject to the following amendments. 210 In section 36(1) (powers of OSCR in relation to English and Welsh charities)-- (a) for "Charity Commissioners for England and Wales inform" substitute "Charity Commission for England and Wales informs", (b) for "under section 3" substitute "in accordance with section 3A", and (c) for "section 3(5) of that Act," substitute "subsection (2) of that section,". 211 In section 69(2)(d)(i) (persons disqualified from being charity trustees)-- (a) at the beginning insert "by the Charity Commission for England and Wales under section 18(2)(i) of the Charities Act 1993 or", and (b) 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". Equality Act 2006 (c. 3)212 (1) The Equality Act 2006 has effect subject to the following amendments. (2) In section 58(2) (charities relating to religion or belief)-- (a) for "Charity Commissioners for England and Wales" substitute "Charity Commission", and (b) for "the Commissioners" substitute "the Commission". (3) In section 79(1)(a) (interpretation) after "given by" insert "section 1(1) of". Section 75 SCHEDULE 9 Repeals and revocations
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