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Charities BillPage 170

SCHEDULES

Section 13

SCHEDULE 1 The Charity Commission

Membership

1 (1) 5The Commission is to consist of—

(a) a person appointed by the Minister to chair the Commission, and

(b) at least 4, but not more than 8, other members appointed by the
Minister.

(2) The Minister must exercise the power in sub-paragraph (1) so as to secure
10that—

(a) the knowledge and experience of the members of the Commission
(taken together) includes knowledge and experience of the matters
mentioned in sub-paragraph (3),

(b) at least two members have a 7 year general qualification within the
15meaning of section 71 of the Courts and Legal Services Act 1990, and

(c) at least one member—

(i) knows about conditions in Wales, and

(ii) has been appointed following consultation with the Welsh
Ministers.

(3) 20The matters are—

(a) the law relating to charities,

(b) charity accounts and the financing of charities, and

(c) the operation and regulation of charities of different sizes and
descriptions.

(4) 25In sub-paragraph (2)(c) “member” does not include the person appointed to
chair the Commission.

Terms of appointment and remuneration

2 The members of the Commission hold and vacate office as such in
accordance with the terms of their respective appointments.

3 (1) 30An appointment of a person to hold office as a member of the Commission
must be for a term of no more than 3 years.

(2) A person holding office as a member of the Commission—

(a) may resign that office by giving notice in writing to the Minister, and

(b) may be removed from office by the Minister on the ground of
35incapacity or misbehaviour.

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(3) Before removing a member of the Commission the Minister must consult—

(a) the Commission, and

(b) if the member was appointed following consultation with the Welsh
Ministers, the Welsh Ministers.

(4) 5No person may hold office as a member of the Commission for more than 10
years in total.

(5) For the purposes of sub-paragraph (4), time spent holding office as a Charity
Commissioner for England and Wales counts as time spent holding office as
a member of the Commission.

4 (1) 10The Commission must pay to its members such remuneration, and such
other allowances, as may be determined by the Minister.

(2) The Commission must, if required to do so by the Minister—

(a) pay such pension, allowances or gratuities as may be determined by
the Minister to or in respect of a person who is or has been a member
15of the Commission, or

(b) make such payments as may be so determined towards provision for
the payment of a pension, allowances or gratuities to or in respect of
such a person.

(3) Sub-paragraph (4) applies if the Minister determines that there are special
20circumstances which make it right for a person ceasing to hold office as a
member of the Commission to receive compensation.

(4) The Commission must pay to the person a sum by way of compensation of
such amount as may be determined by the Minister.

Staff

5 (1) 25The Commission—

(a) must appoint a chief executive, and

(b) may appoint such other staff as it may determine.

(2) The terms and conditions of service of persons appointed under sub-
paragraph (1) are to be such as the Commission may determine with the
30approval of the Minister for the Civil Service.

Committees

6 (1) The Commission may establish committees and any committee of the
Commission may establish sub-committees.

(2) The members of a committee of the Commission may include persons who
35are not members of the Commission (and the members of a sub-committee
may include persons who are not members of the committee or of the
Commission).

Procedure etc.

7 (1) The Commission may regulate its own procedure (including quorum).

(2) 40The validity of anything done by the Commission is not affected by—

(a) a vacancy among its members, or

(b) a defect in the appointment of a member.

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Performance of functions

8 Anything authorised or required to be done by the Commission may be
done by—

(a) any member or member of staff of the Commission who is
5authorised for that purpose by the Commission, whether generally
or specially;

(b) any committee of the Commission which has been so authorised.

Evidence

9 The Documentary Evidence Act 1868 has effect as if—

(a) 10the Commission were mentioned in the first column of the Schedule
to that Act,

(b) any member or member of staff of the Commission authorised to act
on behalf of the Commission were specified in the second column of
that Schedule in connection with the Commission, and

(c) 15the regulations referred to in that Act included any document issued
by or under the authority of the Commission.

Execution of documents

10 (1) A document is executed by the Commission by the fixing of its common seal
to the document.

(2) 20But the fixing of that seal to a document must be authenticated by the
signature of—

(a) any member of the Commission, or

(b) any member of its staff,

who is authorised for the purpose by the Commission.

(3) 25A document which is expressed (in whatever form of words) to be executed
by the Commission and is signed by—

(a) any member of the Commission, or

(b) any member of its staff,

who is authorised for the purpose by the Commission has the same effect as
30if executed in accordance with sub-paragraphs (1) and (2).

(4) A document executed by the Commission which makes it clear on its face
that it is intended to be a deed has effect, upon delivery, as a deed; and it is
to be presumed (unless a contrary intention is proved) to be delivered upon
its being executed.

(5) 35In favour of a purchaser a document is to be treated as having been duly
executed by the Commission if it purports to be signed on its behalf by—

(a) any member of the Commission, or

(b) any member of its staff;

and, if it makes it clear on its face that it is intended to be a deed, it is to be
40treated as having been delivered upon its being executed.

(6) For the purposes of this paragraph—

5Annual report

11 (1) As soon as practicable after the end of each financial year the Commission
must publish a report on—

(a) the discharge of its functions,

(b) the extent to which, in its opinion, its objectives (see section 14) have
10been met,

(c) the performance of its general duties (see section 16), and

(d) the management of its affairs,

during that year.

(2) The Commission must lay a copy of each such report before Parliament.

(3) 15“Financial year” means the 12 months ending with 31 March in any year.

Annual public meeting

12 (1) The Commission must hold a public meeting (“the annual meeting”) for the
purpose of enabling a report under paragraph 11 to be considered.

(2) The annual meeting must be held within the period of 3 months beginning
20with the day on which the report is published.

(3) The Commission must organise the annual meeting so as to allow—

(a) a general discussion of the contents of the report which is being
considered, and

(b) a reasonable opportunity for those attending the meeting to put
25questions to the Commission about matters to which the report
relates.

(4) But subject to sub-paragraph (3) the annual meeting is to be organised and
conducted in such a way as the Commission considers appropriate.

(5) The Commission must—

(a) 30take such steps as are reasonable in the circumstances to ensure that
notice of the annual meeting is given to every registered charity, and

(b) publish notice of the annual meeting in the way appearing to it to be
best calculated to bring it to the attention of members of the public.

(6) Each such notice must—

(a) 35give details of the time and place at which the meeting is to be held,

(b) set out the proposed agenda for the meeting,

(c) indicate the proposed duration of the meeting, and

(d) give details of the Commission’s arrangements for enabling persons
to attend.

(7) 40If the Commission proposes to alter any of the arrangements which have
been included in notices given or published under sub-paragraph (5) it
must—

(a) give reasonable notice of the alteration, and

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(b) publish the notice in the way appearing to it to be best calculated to
bring it to the attention of registered charities and members of the
public.

Section 21

SCHEDULE 2 5The official custodian

Status and official seal

1 The official custodian is a corporation sole whose official seal is to be
officially and judicially noticed.

Expenses

2 10The expenses of the official custodian (except those reimbursed to, or
recovered by, the official custodian as trustee for any charity) are to be
defrayed by the Commission.

Performance of functions and liability for loss or misapplication of property

3 Anything which is required to or may be done by, to or before the official
15custodian may be done by, to or before any member of the staff of the
Commission generally or specially authorised by it to act for the official
custodian during a vacancy in the official custodian’s office or otherwise.

4 (1) The official custodian is not liable as trustee for any charity in respect of any
loss or of the misapplication of any property unless it is occasioned by or
20through the wilful neglect or default of—

(a) the official custodian, or

(b) any person acting for the official custodian.

(2) But the Consolidated Fund is liable to make good to a charity any sums for
which the official custodian may be liable because of any such neglect or
25default.

Accounts

5 The official custodian must—

(a) keep such books of account and such records in relation to them as
may be directed by the Treasury, and

(b) 30prepare accounts, in such form, in such manner and at such times as
may be directed by the Treasury.

6 The Comptroller and Auditor General must—

(a) examine, certify and report on the accounts so prepared, and

(b) send a copy of the certified accounts and the report to the
35Commission.

7 The Commission must publish and lay before Parliament a copy of the
documents sent to it under paragraph 6(b).

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Section 22

SCHEDULE 3 Exempt charities

Institutions with an exemption from the Charitable Trusts Acts 1853 to 1939

1 (1) Any institution which, if the Charities Act 1960 had not been passed, would
5be exempted from the powers and jurisdiction, under the Charitable Trusts
Acts 1853 to 1939, of—

(a) the Charity Commissioners for England and Wales, or

(b) the Minister of Education,

(apart from any power of the Commissioners or Minister to apply those Acts
10in whole or in part to charities otherwise exempt) by the terms of any
enactment not contained in the Charitable Trusts Acts 1853 to 1939 other
than section 9 of the Places of Worship Registration Act 1855.

(2) Sub-paragraph (1) does not include—

(a) any Investment Fund or Deposit Fund within the meaning of the
15Church Funds Investment Measure 1958,

(b) any investment fund or deposit fund within the meaning of the
Methodist Church Funds Act 1960, or

(c) the representative body of the Welsh Church or property
administered by it.

20Educational institutions

2 The universities of Oxford, Cambridge, London, Durham, Newcastle and
Manchester.

3 King’s College London and Queen Mary and Westfield College in the
University of London.

4 (1) 25Any of the following, if Her Majesty declares it by Order in Council to be an
exempt charity for the purposes of this Act—

(a) a university in England,

(b) a university college in England, or

(c) an institution which is connected with a university in England or a
30university college in England.

(2) Sub-paragraph (1) does not include—

(a) any college in the university of Oxford;

(b) any college or hall in the university of Cambridge or Durham;

(c) any students’ union.

(3) 35For the purposes of this paragraph—

(a) a university or university college is in England if its activities are
carried on, or principally carried on, in England;

(b) the Open University is to be treated as a university in England.

5 (1) An English higher education corporation.

(2) 40For the purposes of this paragraph a higher education corporation is an
English higher education corporation if the activities of the institution
conducted by that corporation are carried on, or principally carried on, in
England.

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6 (1) A successor company to a higher education corporation at a time when the
institution conducted by the company is eligible, by virtue of an order made
under section 129 of the 1988 Act, to receive support from funds
administered by the Higher Education Funding Council for England.

(2) 5In this paragraph “the 1988 Act” means the Education Reform Act 1988 and
“successor company to a higher education corporation” has the meaning
given by section 129(5) of the 1988 Act.

7 A further education corporation.

8 A qualifying Academy proprietor (as defined in section 12(2) of the
10Academies Act 2010).

9 The governing body of any foundation, voluntary or foundation special
school.

10 Any foundation body established under section 21 of the School Standards
and Framework Act 1998.

11 15A sixth form college corporation (within the meaning of the Further and
Higher Education Act 1992).

Museums, galleries etc.

12 The Board of Trustees of the Victoria and Albert Museum.

13 The Board of Trustees of the Science Museum.

14 20The Board of Trustees of the Armouries.

15 The Board of Trustees of the Royal Botanic Gardens, Kew.

16 The Board of Trustees of the National Museums and Galleries on
Merseyside.

17 The trustees of the British Museum.

18 25The trustees of the Natural History Museum.

19 The Board of Trustees of the National Gallery.

20 The Board of Trustees of the Tate Gallery.

21 The Board of Trustees of the National Portrait Gallery.

22 The Board of Trustees of the Wallace Collection.

23 30The Trustees of the Imperial War Museum.

24 The Trustees of the National Maritime Museum.

25 The British Library Board.

Housing

26 Any registered society within the meaning of the Co-operative and
35Community Benefit Societies and Credit Unions Act 1965, if the society is
also a non-profit registered provider of social housing.

27 Any registered society within the meaning of the Co-operative and
Community Benefit Societies and Credit Unions Act 1965, if the society is

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also registered in the register of social landlords under Part 1 of the Housing
Act 1996.

Connected institutions

28 (1) Any institution which—

(a) 5is administered by or on behalf of an institution included in any of
paragraphs 1 to 8 and 11 to 25, and

(b) is established for the general purposes of, or for any special purpose
of or in connection with, the institution mentioned in paragraph (a).

(2) Sub-paragraph (1) does not include—

(a) 10any college in the university of Oxford which is administered by or
on behalf of that university;

(b) any college or hall in the university of Cambridge or Durham which
is administered by or on behalf of that university;

(c) any student’s union.

(3) 15Any institution which—

(a) is administered by or on behalf of a body included in paragraph 9 or
10, and

(b) is established for the general purposes of, or for any special purpose
of or in connection with, that body or any foundation, voluntary or
20foundation special school or schools.

Section 62

SCHEDULE 4 Enlargement of areas of local charities

1 Existing area 2 Permitted enlargement
1. Greater London. Any area which includes Greater London.
2. Any area in Greater
London and not in, or partly
in, the City of London.
(i)

25Any area in Greater London and not in, or
partly in, the City of London;

(ii)

the area of Greater London exclusive of the
City of London;

(iii)

any area which includes the area of Greater
30London, exclusive of the City of London;

(iv)

any area partly in Greater London and
partly in any adjacent parish or parishes
(civil or ecclesiastical), and not partly in the
City of London.


35

3. A district. Any area which includes the district.
4. A Welsh county or county
borough.
Any area which includes the county or county
40borough.

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1 Existing area 2 Permitted enlargement
5. Any area in a district.
(i)

Any area in the district;

(ii)

the district;

(iii)

any area which includes the district;

(iv)

5any area partly in the district and partly in
any adjacent district or in any adjacent
Welsh county or county borough.


6. Any area in a Welsh
county or county borough.
(i)

Any area in the county or county borough;

(ii)

10the county or county borough;

(iii)

any area which includes the county or
county borough;

(iv)

any area partly in the county or county
borough and partly in any adjacent Welsh
15county or county borough or in any
adjacent district.



7. A parish (civil or
ecclesiastical), or two or
more parishes, or an area in a
parish, or partly in each of
two or more parishes.

20Any area not extending beyond the parish or
parishes which—

(i)

includes, or include, the area in column 1,
or

(ii)

is, or are, adjacent to the area in column 1.


25



8. In Wales, a community, or
two or more communities, or
an area in a community, or
partly in each of two or more
communities.
30

Any area not extending beyond the community or
communities which—

(i)

includes, or include, the area in column 1,
or

(ii)

35is, or are, adjacent to the area in column 1.






40

Section 68

SCHEDULE 5 Court’s jurisdiction over certain charities governed by or under statute

1 The court may by virtue of section 68(5) and (6) exercise its jurisdiction with
respect to charities in relation to—

(a) 45charities established or regulated by any provision of the Seamen’s
Fund Winding-up Act 1851 repealed by the Charities Act 1960;

(b) charities established or regulated by schemes under the Endowed
Schools Act 1869 to 1948, or section 75 of the Elementary Education
Act 1870 or by schemes given effect under section 2 of the Education
50Act 1973 or section 554 of the Education Act 1996;

(c) fuel allotments, that is, land which, by any enactment relating to
inclosure or any instrument having effect under such an enactment,
is vested in trustees upon trust that the land or the rents and profits
of the land are to be used for the purpose of providing poor persons
55with fuel;

(d) charities established or regulated by any provision of the Municipal
Corporations Act 1883 repealed by the Charities Act 1960 or by any
scheme having effect under any such provision;

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(e) charities regulated by schemes under the London Government Act
1899;

(f) charities established or regulated by orders or regulations under
section 2 of the Regimental Charitable Funds Act 1935;

(g) 5charities regulated by sections 298 to 302 or by any such order as is
mentioned in section 303.

2 Regardless of anything in section 19 of the Commons Act 1876 a scheme for
the administration of a fuel allotment (within the meaning of paragraph 1(c))
may provide—

(a) 10for the sale or letting of the allotment or any part of it, for the
discharge of the land sold or let from any restrictions as to the use of
it imposed by or under any enactment relating to inclosure and for
the application of the sums payable to the trustees of the allotment in
respect of the sale or lease,

(b) 15for the exchange of the allotment or any part of it for other land, for
the discharge from any such restrictions of the land given in
exchange by the trustees of the allotment, and for the application of
any money payable to those trustees for equality of exchange, or

(c) for the use of the allotment or any part of it for any purposes
20specified in the scheme.

Sections 319, 321, 323 and 324

SCHEDULE 6 Appeals and applications to Tribunal

1 Decision, direction or order 2 Appellants/applicants (see
sections 319(2)(b) and 321(2)(b))
3 Tribunal powers if appeal or
application allowed
Decision of the Commission
not to give a direction under
section 12(1) or (2) in relation to
an institution or a charity.
The persons are the trustees of
the institution or charity
concerned.
25Power to quash the decision
and (if appropriate) remit the
matter to the Commission.
Decision of the Commission
under section 30 or 34— to enter or not to enter
an institution in the
register of charities, or to remove or not to
remove an institution
from the register.
The persons are— the persons who are
or claim to be the
charity trustees of the
institution, (if a body corporate)
the institution itself,
and any other person who
is or may be affected
by the decision.

30Power to quash the decision
and (if appropriate)—

(a)

remit the matter to the
Commission;

(b)

direct the Commission
35to rectify the register.

Decision of the Commission
not to make a determination
under section 38(3) in relation
to particular information
contained in the register.
The persons are— the charity trustees of
the charity to which
the information
relates, (if a body corporate)
the charity itself, and any other person who
is or may be affected
by the decision.
Power to quash the decision
and (if appropriate) remit the
matter to the Commission.

40

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1 Decision, direction or order 2 Appellants/applicants (see
sections 319(2)(b) and 321(2)(b))
3 Tribunal powers if appeal or
application allowed
Direction given by the
Commission under section 42
requiring the name of a charity
to be changed.
The persons are— the charity trustees of
the charity to which
the direction relates, (if a body corporate)
the charity itself, and any other person who
is or may be affected
by the direction.

Power to—

(a)

5quash the direction
and (if appropriate)
remit the matter to the
Commission;

(b)

substitute for the
10direction any other
direction which could
have been given by
the Commission.



15

Decision of the Commission to
institute an inquiry under
section 46 with regard to a
particular institution.
The persons are— the persons who have
control or
management of the
institution, and (if a body corporate)
the institution itself.
Power to direct the
Commission to end the inquiry.
20
Decision of the Commission to
institute an inquiry under
section 46 with regard to a class
of institutions.
The persons are— the persons who have
control or
management of any
institution which is a
member of the class of
institutions, and (if a body corporate)
any such institution.

Power to—

(a)

direct the Commission
25that the inquiry
should not consider a
particular institution;

(b)

direct the Commission
to end the inquiry.


30


Order made by the
Commission under section 52
requiring a person to supply
information or a document.
The persons are any person
who is required to supply the
information or document.

35Power to—

(a)

quash the order;

(b)

substitute for all or
part of the order any
other order which
40could have been made
by the Commission.





45
Order made by the
Commission under section
69(1) (including such an order
made by virtue of section
92(2)).
The persons are— in a section 69(1)(a)
case, the charity
trustees of the charity
to which the order
relates or (if a body
corporate) the charity
itself, in a section 69(1)(b)
case, any person
discharged or
removed by the order,
and any other person who
is or may be affected
by the order.

Power to—

(a)

quash the order in
whole or in part and
50(if appropriate) remit
the matter to the
Commission;

(b)

substitute for all or
part of the order any
55other order which
could have been made
by the Commission;

(c)

add to the order
anything which could
60have been contained
in an order made by
the Commission.




65

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1 Decision, direction or order 2 Appellants/applicants (see
sections 319(2)(b) and 321(2)(b))
3 Tribunal powers if appeal or
application allowed
Order made by the
Commission under section
76(3) in relation to a charity.
The persons are— the charity trustees of
the charity, (if a body corporate)
the charity itself, in a section 76(3)(a)
case, any person
suspended by the
order, and any other person who
is or may be affected
by the order.

Power to—

(a)

5quash the order in
whole or in part and
(if appropriate) remit
the matter to the
Commission;

(b)

10substitute for all or
part of the order any
other order which
could have been made
by the Commission;

(c)

15add to the order
anything which could
have been contained
in an order made by
the Commission.


20

Decision of the Commission— to discharge an order
following a review
under section 76(6), or not to discharge an
order following such a
review.
The persons are— the charity trustees of
the charity to which
the order relates, (if a body corporate)
the charity itself, if the order in
question was made
under section 76(3)(a),
any person suspended
by it, and any other person who
is or may be affected
by the order.

Power to—

(a)

25quash the decision
and (if appropriate)
remit the matter to the
Commission;

(b)

make the discharge of
30the order subject to
savings or other
transitional
provisions;

(c)

remove any savings or
35other transitional
provisions to which
the discharge of the
order was subject;

(d)

discharge the order in
40whole or in part
(whether subject to
any savings or other
transitional provisions
or not).

Order made by the
Commission under section
79(2) in relation to a charity.
The persons are— the charity trustees of
the charity, (if a body corporate)
the charity itself, in a section 79(2)(a)
case, any person
removed by the order,
and any other person who
is or may be affected
by the order.
45

Power to—

(a)

quash the order in
whole or in part and
(if appropriate) remit
50the matter to the
Commission;

(b)

substitute for all or
part of the order any
other order which
55could have been made
by the Commission;

(c)

add to the order
anything which could
have been contained
60in an order made by
the Commission.




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1 Decision, direction or order 2 Appellants/applicants (see
sections 319(2)(b) and 321(2)(b))
3 Tribunal powers if appeal or
application allowed
Order made by the
Commission under section
80(1) removing a charity
trustee.
The persons are— the charity trustee, the remaining charity
trustees of the charity
of which that trustee
was a charity trustee, (if a body corporate)
the charity itself, and any other person who
is or may be affected
by the order.

Power to—

(a)

5quash the order in
whole or in part and
(if appropriate) remit
the matter to the
Commission;

(b)

10substitute for all or
part of the order any
other order which
could have been made
by the Commission;

(c)

15add to the order
anything which could
have been contained
in an order made by
the Commission.


20


Order made by the
Commission under section
80(2) appointing a charity
trustee.
The persons are— the other charity
trustees of the charity, (if a body corporate)
the charity itself, and any other person who
is or may be affected
by the order.

25Power to—

(a)

quash the order in
whole or in part and
(if appropriate) remit
the matter to the
30Commission;

(b)

substitute for all or
part of the order any
other order which
could have been made
35by the Commission;

(c)

add to the order
anything which could
have been contained
in an order made by
40the Commission.





Order made by the
Commission under section
83(2) which suspends a
person’s membership of a
charity.
The persons are— the person whose
membership is
suspended by the
order, and any other person who
is or may be affected
by the order.
45Power to quash the order and
(if appropriate) remit the
matter to the Commission.

Order made by the
Commission under section
84(2) which directs a person to
take action specified in the
order.
The persons are any person
who is directed by the order to
take the specified action.
50Power to quash the order and
(if appropriate) remit the
matter to the Commission.

Order made by the
Commission under section
85(2) which directs a person to
apply property in a specified
manner.
The persons are any person
who is directed by the order to
apply the property in the
specified manner.
55Power to quash the order and
(if appropriate) remit the
matter to the Commission.

Order made by the
Commission under section
87(3) in relation to a person
holding property on behalf of a
body entered in the Scottish
Charity Register or of any
person concerned in its
management or control.
The persons are— the person holding the
property in question,
and any other person who
is or may be affected
by the order.
60Power to quash the order and
(if appropriate) remit the
matter to the Commission.


65

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1 Decision, direction or order 2 Appellants/applicants (see
sections 319(2)(b) and 321(2)(b))
3 Tribunal powers if appeal or
application allowed
Order made by the
Commission under section
93(2) in relation to any land
vested in the official custodian
in trust for a charity.
The persons are— the charity trustees of
the charity, (if a body corporate)
the charity itself, and any other person who
is or may be affected
by the order.

Power to—

(a)

5quash the order and
(if appropriate) remit
the matter to the
Commission;

(b)

substitute for the
10order any other order
which could have
been made by the
Commission;

(c)

add to the order
15anything which could
have been contained
in an order made by
the Commission.



20


Decision of the Commission
not to make a common
investment scheme under
section 96.
The persons are— the charity trustees of
a charity which
applied to the
Commission for the
scheme, (if a body corporate)
the charity itself, and any other person who
is or may be affected
by the decision.
Power to quash the decision
25and (if appropriate) remit the
matter to the Commission.
Decision of the Commission
not to make a common deposit
scheme under section 100.
The persons are— the charity trustees of
a charity which
applied to the
Commission for the
scheme, (if a body corporate)
the charity itself, and any other person who
is or may be affected
by the decision.
Power to quash the decision
and (if appropriate) remit the
30matter to the Commission.
Decision by the Commission
not to make an order under
section 105 in relation to a
charity.
The persons are— the charity trustees of
the charity, and (if a body corporate)
the charity itself.
Power to quash the decision
and (if appropriate) remit the
matter to the Commission.
Direction given by the
Commission under section 107
in relation to an account held in
the name of or on behalf of a
charity.
The persons are— the charity trustees of
the charity, (if a body corporate)
the charity itself, and any other person who
is or may be affected
by the order.
35

Power to—

(a)

quash the direction
and (if appropriate)
remit the matter to the
40Commission;

(b)

substitute for the
direction any other
direction which could
have been given by
45the Commission;

(c)

add to the direction
anything which could
have been contained
in a direction given by
50the Commission.






55

Charities BillPage 184

1 Decision, direction or order 2 Appellants/applicants (see
sections 319(2)(b) and 321(2)(b))
3 Tribunal powers if appeal or
application allowed
Order made by the
Commission under section 112
for the assessment of a
solicitor’s bill.
The persons are— the solicitor, any person for whom
the work was done by
the solicitor, and any other person who
is or may be affected
by the order.

Power to—

(a)

5quash the order;

(b)

substitute for the
order any other order
which could have
been made by the
10Commission;

(c)

add to the order
anything which could
have been contained
in an order made by
15the Commission.





Decision of the Commission
not to make an order under
section 117 in relation to land
held by or in trust for a charity.
The persons are— the charity trustees of
the charity, (if a body corporate)
the charity itself, and any other person who
is or may be affected
by the decision.
20Power to quash the decision
and (if appropriate) remit the
matter to the Commission.
Decision of the Commission
not to make an order under
section 124 in relation to a
mortgage of land held by or in
trust for a charity.
The persons are— the charity trustees of
the charity, (if a body corporate)
the charity itself, and any other person who
is or may be affected
by the decision.
Power to quash the decision
25and (if appropriate) remit the
matter to the Commission

Order made by the
Commission under section
146(1) requiring the accounts of
a charity to be audited.
The persons are— the charity trustees of
the charity, (if a body corporate)
the charity itself, and any other person who
is or may be affected
by the order.

30Power to—

(a)

quash the order;

(b)

substitute for the
order any other order
which could have
35been made by the
Commission;

(c)

add to the order
anything which could
have been contained
40in an order made by
the Commission.





45
Order made by the
Commission under section
147(2) in relation to a charitable
company.
The persons are— the directors of the
company, the company itself,
and any other person who
is or may be affected
by the order.

Power to—

(a)

quash the order and
(if appropriate) remit
50the matter to the
Commission;

(b)

substitute for the
order any other order
which could have
55been made by the
Commission;

(c)

add to the order
anything which could
have been contained
60in an order made by
the Commission.





65

Charities BillPage 185

1 Decision, direction or order 2 Appellants/applicants (see
sections 319(2)(b) and 321(2)(b))
3 Tribunal powers if appeal or
application allowed
Order made by the
Commission under section
147(5) in relation to a charitable
company, or a decision of the
Commission not to make such
an order in relation to a
charitable company.
The persons are— the charity trustees of
the company, the company itself, in the case of a
decision not to make
an order, the auditor,
and any other person who
is or may be affected
by the order or the
decision.

Power to—

(a)

5quash the order or
decision and (if
appropriate) remit the
matter to the
Commission;

(b)

10substitute for the
order any other order
of a kind the
Commission could
have made;

(c)

15make any order which
the Commission could
have made.




20



Order made by the
Commission under section
153(1) requiring the group
accounts of a parent charity to
be audited.
The persons are— the charity trustees of
the parent charity, (if a body corporate)
the parent charity
itself, and any other person who
is or may be affected
by the order.
25

Power to—

(a)

quash the order;

(b)

substitute for the
order any other order
30which could have
been made by the
Commission;

(c)

add to the order
anything which could
35have been contained
in an order made by
the Commission.




40

Order made by the
Commission under section 155
in relation to a charity, or a
decision of the Commission not
to make such an order in
relation to a charity.
The persons are— the charity trustees of
the charity, (if a body corporate)
the charity itself, in the case of a
decision not to make
an order, the auditor,
independent examiner
or examiner, and any other person who
is or may be affected
by the order or the
decision.

Power to—

(a)

45quash the order or
decision and (if
appropriate) remit the
matter to the
Commission;

(b)

50substitute for the
order any other order
of a kind the
Commission could
have made;

(c)

55make any order which
the Commission could
have made.




60


Order made by the
Commission under section 155
in relation to a member of a
group, or a decision of the
Commission not to make such
an order in relation to a
member of a group.
The persons are— the charity trustees of
the member of the
group, (if a body corporate)
the member of the
group itself, in the case of a
decision not to make
an order, the auditor,
independent examiner
or examiner, and any other person who
is or may be affected
by the order or the
decision.

65Power to—

(a)

quash the order or
decision and (if
appropriate) remit the
matter to the
70Commission;

(b)

substitute for the
order any other order
of a kind the
Commission could
75have made;

(c)

make any order which
the Commission could
have made.



80




85
Decision of the Commission
under section 168(3) to request
charity trustees to prepare an
annual report for a charity.
The persons are— the charity trustees,
and (if a body corporate)
the charity itself.
Power to quash the decision
and (if appropriate) remit the
matter to the Commission.

Charities BillPage 186

1 Decision, direction or order 2 Appellants/applicants (see
sections 319(2)(b) and 321(2)(b))
3 Tribunal powers if appeal or
application allowed
Decision of the Commission
not to dispense with the
requirements of section 169(1)
in relation to a charity or class
of charities.
The persons are the charity
trustees of any charity affected
by the decision.
Power to quash the decision
and (if appropriate) remit the
5matter to the Commission.

Decision of the Commission
under section 181(2) to waive,
or not to waive, a person’s
disqualification.
The persons are— the person who
applied for the
waiver, and any other person who
is or may be affected
by the decision.

Power to—

(a)

10quash the decision
and (if appropriate)
remit the matter to the
Commission;

(b)

substitute for the
15decision any other
decision of a kind
which could have
been made by the
Commission.


20


Order made by the
Commission under section
184(3) in relation to a person
who has acted as charity trustee
or trustee for a charity.
The persons are— the person subject to
the order, and any other person who
is or may be affected
by the order.

25Power to—

(a)

quash the order and
(if appropriate) remit
the matter to the
Commission;

(b)

30substitute for the
order any other order
which could have
been made by the
Commission.


35



Order made by the
Commission under section
186(5) or (6) requiring a trustee
or connected person to repay,
or not to receive, remuneration.
The persons are— the trustee or
connected person, the other charity
trustees of the charity
concerned, and any other person who
is or may be affected
by the order.
40

Power to—

(a)

quash the order and
(if appropriate) remit
the matter to the
45Commission;

(b)

substitute for the
order any other order
which could have
been made by the
50Commission.






55
Decision of the Commission to
give, or withhold, consent
under section 198(1) or 201(1)
in relation to a charitable
company.
The persons are— the charity trustees of
the company, the company itself,
and any other person who
is or may be affected
by the decision.
Power to quash the decision
and (if appropriate) remit the
matter to the Commission.

60
Decision of the Commission to
grant an application under
section 207 for the constitution
of a CIO and its registration as
a charity.
The persons are any person
(other than the persons who
made the application) who is or
may be affected by the decision.

Power to quash the decision
and (if appropriate)—

(a)

remit the matter to the
65Commission;

(b)

direct the Commission
to rectify the register
of charities.



70


Decision of the Commission
under section 208 to refuse an
application for the constitution
of a CIO and its registration as
a charity.
The persons are— the persons who made
the application, and any other person who
is or may be affected
by the decision.

75Power to—

(a)

quash the decision
and (if appropriate)
remit the matter to the
Commission;

(b)

80direct the Commission
to grant the
application.




85

Charities BillPage 187

1 Decision, direction or order 2 Appellants/applicants (see
sections 319(2)(b) and 321(2)(b))
3 Tribunal powers if appeal or
application allowed
Decision of the Commission
under section 227 to refuse to
register an amendment to the
constitution of a CIO.
The persons are— the CIO, the charity trustees of
the CIO, and any other person who
is or may be affected
by the decision.

Power to quash the decision
5and (if appropriate)—

(a)

remit the matter to the
Commission;

(b)

direct the Commission
to register the
10amendment.





Decision of the Commission
under section 231 to refuse an
application for the conversion
of a charitable company or a
registered society into a CIO
and the CIO’s registration as a
charity.
The persons are— the charity which
made the application, the charity trustees of
the charity, and any other person who
is or may be affected
by the decision.
15

Power to—

(a)

quash the decision
and (if appropriate)
remit the matter to the
20Commission;

(b)

direct the Commission
to grant the
application.



25




30
Decision of the Commission to
grant an application under
section 235 for the
amalgamation of two or more
CIOs and the incorporation and
registration as a charity of a
new CIO as their successor.
The persons are any creditor of
any of the CIOs being
amalgamated.
Power to quash the decision
and (if appropriate) remit the
matter to the Commission.

35

Decision of the Commission
under section 237 to refuse an
application for the
amalgamation of two or more
CIOs and the incorporation and
registration as a charity of a
new CIO as their successor.
The persons are— the CIOs which
applied for the
amalgamation, the charity trustees of
the CIOs, and any other person who
is or may be affected
by the decision.

Power to—

(a)

40quash the decision
and (if appropriate)
remit the matter to the
Commission;

(b)

direct the Commission
45to grant the
application.





50


Decision of the Commission to
confirm a resolution passed by
a CIO under section 240(1).
The persons are any creditor of
the CIO.
Power to quash the decision
55and (if appropriate) remit the
matter to the Commission.
Decision of the Commission
under section 242 to refuse to
confirm a resolution passed by
a CIO.
The persons are— the CIO, the charity trustees of
the CIO, and any other person who
is or may be affected
by the decision.

Power to—

(a)

quash the decision
60and (if appropriate)
remit the matter to the
Commission;

(b)

direct the Commission
to confirm the
65resolution.





Decision of the Commission— to grant a certificate of
incorporation under
section 251(1) to the
charity trustees of a
charity, or not to grant such a
certificate.
The persons are— the charity trustees of
the charity, and any other person who
is or may be affected
by the decision.
70

Power to quash—

(a)

the decision;

(b)

any conditions or
directions inserted in
75the certificate;

Decision of the Commission to
amend a certificate of
incorporation under section
262(5).
The persons are— the charity trustees of
the charity, and any other person who
is or may be affected
by the amended
certificate of
incorporation.
Power to quash the decision
and (if appropriate) remit the
matter to the Commission.

Charities BillPage 188

1 Decision, direction or order 2 Appellants/applicants (see
sections 319(2)(b) and 321(2)(b))
3 Tribunal powers if appeal or
application allowed
Decision of the Commission
not to amend a certificate of
incorporation under section
262(5).
The persons are— the charity trustees of
the charity, and any other person who
is or may be affected
by the decision not to
amend the certificate
of incorporation.

Power to—

(a)

5quash the decision
and (if appropriate)
remit the matter to the
Commission;

(b)

make any order the
10Commission could
have made under
section 262(5).




15
Order of the Commission
under section 263(1) or (2)
which dissolves an
incorporated body.
The persons are— the charity trustees of
the charity, and any other person who
is or may be affected
by the order.

Power to—

(a)

quash the order and
20(if appropriate) remit
the matter to the
Commission;

(b)

substitute for the
order any other order
25which could have
been made by the
Commission;

(c)

add to the order
anything which could
30have been contained
in an order made by
the Commission.




35
Decision of the Commission to
notify charity trustees under
section 271(1) that it objects to a
resolution of the charity
trustees under section 268(1).
The persons are— the charity trustees,
and any other person who
is or may be affected
by the decision.
Power to quash the decision.


40
Decision of the Commission to
notify charity trustees under
section 278(1) that it objects to a
resolution of the charity
trustees under section 275(2).
The persons are— the charity trustees,
and any other person who
is or may be affected
by the decision.
Power to quash the decision.


45
Decision of the Commission
not to concur under section 284
with a resolution of charity
trustees under section 282(2).
The persons are— the charity trustees,
and any other person who
is or may be affected
by the decision.
Power to quash the decision
and (if appropriate) remit the
matter to the Commission.
50
Decision of the Commission
not to concur under section 291
with a resolution of charity
trustees under section 289(2).
The persons are— the charity trustees, (if a body corporate)
the charity itself, and any other person who
is or may be affected
by the decision.
Power to quash the decision
and (if appropriate) remit the
matter to the Commission.
Decision of the Commission to
withhold approval for the
transfer of property from
trustees to a parish or
community council under
section 298(2).
The persons are— the trustees, the parish or
community council,
and any other person who
is or may be affected
by the decision.
55Power to quash the decision
and (if appropriate) remit the
matter to the Commission.


60

Charities BillPage 189

1 Decision, direction or order 2 Appellants/applicants (see
sections 319(2)(b) and 321(2)(b))
3 Tribunal powers if appeal or
application allowed
Decision of the Commission to
give or withhold consent under
section 42(4) of the Companies
Act 2006.
The persons are— the charity trustees of
the charitable
company, the company itself,
and any other person who
is or may be affected
by the decision.
Power to quash the decision
and (if appropriate) remit the
5matter to the Commission.

Section 354

SCHEDULE 7 Consequential amendments

Part 1 10General amendments

References to the Charitable Uses Act 1601 (c. 4)Charitable Uses Act 1601 (c. 4)

1 A reference in any enactment or document to a charity within the meaning
of the Charitable Uses Act 1601 or the preamble to it is to continue to be
construed as a reference to a charity as defined by section 1(1).

15References to the Charity Commissioners for England and Wales

2 (1) Any enactment or document is to continue to have effect, so far as necessary
in consequence of the transfer effected by section 6(4) of the Charities Act
2006, as if any reference to—

(a) the Charity Commissioners for England and Wales, or

(b) 20any Charity Commissioner for England and Wales,

were a reference to the Charity Commission for England and Wales.

(2) In sub-paragraph (1) “enactment” includes—

(a) any provision of subordinate legislation (within the meaning of the
Interpretation Act 1978),

(b) 25a provision of a Measure of the Church Assembly or of the General
Synod of the Church of England, and

(c) any provision made by or under an Act of the Scottish Parliament or
Northern Ireland legislation.

Application of certain enactments to trust corporations

3 (1) 30In the definition of “trust corporation” contained in the provisions listed in
sub-paragraph (2) the reference to a corporation appointed by the court in
any particular case to be a trustee includes a reference to a corporation
appointed by the Commission under this Act to be a trustee.

(2) The provisions are—

(a) 35section 117(1)(xxx) of the Settled Land Act 1925,

(b) paragraph (18) of section 68(1) of the Trustee Act 1925,

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