Charities Bill (HC Bill 257)

Environment Act 1995 (c. 25)Environment Act 1995 (c. 25)

68 In Schedule 9, in paragraph 15, for “Sections 76 to 78 of the Charities Act
1993” substitute “Sections 294 to 297 of the Charities Act 2011”.

Reserve Forces Act 1996 (c. 14)Reserve Forces Act 1996 (c. 14)

69 (1) 5In Schedule 5, in paragraph 2, in the definition of “charity”, for “as it has
under section 1(1) of the Charities Act 2006” substitute “as it has under
section 1(1) of the Charities Act 2011”.

(2) In paragraph 5 of that Schedule, for sub-paragraphs (2) and (3) substitute—

“(2) An application under this paragraph—

(a) 10may be made at any time within the period of 6 months
beginning with the day on which the warrant comes into
force; and

(b) is subject to subsections (2) to (5) of section 115 of the
Charities Act 2011 (proceedings not to be begun without
15the consent of the Charity Commission or leave of a judge
of the High Court),

and for the purposes of subsection (5) of that section an
application for an order of the Commission authorising
proceedings under this paragraph is deemed to be refused if it is
20not granted during the period of one month beginning with the
day on which the application is received by the Commission.

(3) In this paragraph “the court” has the same meaning as in the
Charities Act 2011.”

(3) For paragraph 6 substitute—

“6 25In any case where—

(a) the Secretary of State requests the Charity Commission to
make provision with respect to any charitable property
which is held for the purposes of a unit of a reserve force
that has been or is to be disbanded, or

(b) 30an order is made under paragraph 4 or 5 excluding any
charitable property so held from the operation of
paragraph 3(1),

the Commission may, regardless of anything in section 70(2) of the
Charities Act 2011 (limit on jurisdiction to make schemes etc. for
35the protection of charities), exercise its jurisdiction under section
69 with respect to the property to which the request or order
relates.”

Trusts of Land and Appointment of Trustees Act 1996 (c. 47)Trusts of Land and Appointment of Trustees Act 1996 (c. 47)

70 In Schedule 1, in paragraph 4(2)—

(a) 40in paragraph (a), for “section 37(1) nor section 39(1) of the Charities
Act 1993” substitute “section 122(2) nor section 125(1) of the Charities
Act 2011”, and

(b) in paragraph (b), for “section 37(2) nor section 39(2)” substitute
“section 122(3) nor section 125(2)”.

Housing Act 1996 (c. 52)Housing Act 1996 (c. 52)

71 In section 58, for subsection (1) substitute—

“(1) In this Part—

(a) “trusts”, in relation to a charity, has the same meaning as in
5the Charities Act 2011 and “trustee” means a charitable
trustee within the meaning of that Act, and

(b) “registered charity” means a charity which is registered in
accordance with section 30 of that Act.”

72 (1) Amend Schedule 1 as follows.

(2) 10In paragraph 4(2)(d), for “section 72 of the Charities Act 1993” substitute
“section 178 of the Charities Act 2011”.

(3) For paragraph 18(4) substitute—

“(4) The charity must appoint a qualified auditor (“the auditor”) to
audit the accounts prepared in accordance with sub-paragraph (3)
15in respect of each period of account in which—

(a) the charity’s gross income arising in connection with its
housing activities exceeds the sum for the time being
specified in section 144(1)(a) of the Charities Act 2011, or

(b) the charity’s gross income arising in that connection
20exceeds 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 144(1)(b) of that
Act;

25and in this sub-paragraph “gross income” and “accounts
threshold” have the same meanings as in section 144 of that Act.”

(4) In paragraph 18A(2)(b), for “the Charities Act 1993” substitute “the Charities
Act 2011”.

Housing Grants, Construction and Regeneration Act 1996 (c. 53)Housing Grants, Construction and Regeneration Act 1996 (c. 53)

73 30In section 95(6), for “but otherwise has the same meaning as in the Charities
Act 1993” substitute “but otherwise has the same meaning as it has under
section 10 of the Charities Act 2011”.

Education Act 1996 (c. 56)Education Act 1996 (c. 56)

74 In section 537C—

(a) 35in subsection (1)(a), for “section 13 of the Charities Act 2006)”
substitute “section 25 of the Charities Act 2011)”, and

(b) in subsection (2), for “section 10A of the Charities Act 1993”
substitute “section 56 or 57 of the Charities Act 2011”.

School Standards and Framework Act 1998 (c. 31)School Standards and Framework Act 1998 (c. 31)

75 (1) In section 23, for subsection (1A) substitute—

“(1A) Any body to which subsection (1)(a) or (b) applies is, as a result of its
inclusion in Schedule 3 to the Charities Act 2011, an exempt charity
5for the purposes of that Act.”

(2) In subsection (3), for “, and is an institution to which section 3A(4)(b) of the
Charities Act 1993 applies” substitute “and is an institution which is to be
treated for the purposes of section 31(3) of the Charities Act 2011 as if that
provision applied to it.”

(3) 10For subsection (4)(a) substitute—

“(a) institution” has the same meaning as in the Charities Act
2011;”.

76 In section 23A(10), in the definitions of “charity trustee” and “institution”,
for “the Charities Act 1993” substitute “the Charities Act 2011”.

77 15In section 23B(2), for “section 18 of the Charities Act 1993” substitute “section
76 or sections 79 to 81 of the Charities Act 2011”.

78 In Schedule 1, for paragraph 10 substitute—

“10 An Education Action Forum shall be a charity and is an institution
which is to be treated for the purposes of section 31(3) of the
20Charities Act 2011 (institutions required to be excepted from
registration under that Act) as if that provision applied to it.”

79 In Schedule 22, in paragraph 8A(2)(c), for “removed under subsection (4) of
section 3 of the Charities Act 1993 from the register of charities kept under
that section,” substitute “removed under section 34 of the Charities Act 2011
25from the register of charities kept under section 29 of that Act,”.

National Institutions Measure 1998 (No. 1)National Institutions Measure 1998 (No. 1)

80 (1) In section 3(1), for “Part VI of the Charities Act 1993” substitute “Part 8 of the
Charities Act 2011”.

(2) In section 3(2), for “under subsection (2) of section 43 of that Act to carry out
30an audit under that subsection” substitute “under subsection (2) of section
144 of that Act to carry out an audit under that subsection”.

(3) In section 3(3), for “Part VI, to have been appointed in pursuance of the said
section 43” substitute “Part 8, to have been appointed in pursuance of the
said section 144”.

35Finance Act 1999 (c. 16)Finance Act 1999 (c. 16)

81 In Schedule 19, in paragraph 15—

(a) in sub-paragraph (a), for “or section 24 of the Charities Act 1993,”
substitute “, section 24 of the Charities Act 1993 or section 96 of the
Charities Act 2011,” and

(b) 40in sub-paragraph (b), for “or section 25 of the Charities Act 1993”
substitute “, section 25 of the Charities Act 1993 or section 100 of the
Charities Act 2011”.

Cathedrals Measure 1999 (No. 1)Cathedrals Measure 1999 (No. 1)

82 In section 4(4), for “section 72(1) of the Charities Act 1993” substitute “section
178 of the Charities Act 2011”.

83 In section 15(1), in paragraph (iii) of the proviso, for “section 36 of the
5Charities Act 1993,” substitute “sections 117 to 121 of the Charities Act
2011,”.

84 In section 27(1), for “section 43 of the Charities Act 1993” substitute “section
144 of the Charities Act 2011”.

85 In section 34, for “same meaning as in the Charities Act 1993” substitute
10“meaning given by section 10 of the Charities Act 2011”.

Financial Services and Markets Act 2000 (c. 8)Financial Services and Markets Act 2000 (c. 8)

86 In Schedule 11A, in paragraph 7(2)(a), for the words from “within the
meaning of—” to “(ii)” substitute “—

(i) as defined by section 1(1) of the Charities Act 2011,
15or

(ii) within the meaning of”.

87 In Schedule 11B, in paragraph 12(4)(b), for “or section 24 or 25 of the
Charities Act 1993 (c. 10)1993 (c. 10)” substitute “section 24 or 25 of the Charities Act
1993 or section 96 or 100 of the Charities Act 2011”.

20Learning and Skills Act 2000 (c. 21)Learning and Skills Act 2000 (c. 21)

88 In section 143(6)(d), for “the Charities Act 1993)” substitute “the Charities
Act 2011)”.

Trustee Act 2000 (c. 29)Trustee Act 2000 (c. 29)

89 In section 38—

(a) 25in paragraph (a), for “section 24 of the Charities Act 1993” substitute
“section 96 of the Charities Act 2011”, and

(b) in paragraph (b), for “section 25” substitute “section 100”.

90 In section 39(1)—

(a) in the definition of “charitable purposes”, for “has the same meaning
30as in the Charities Act 1993” substitute “has the meaning given by
section 11 of the Charities Act 2011”, and

(b) in the definition of “exempt charity” for “the Charities Act 1993”
substitute “the Charities Act 2011”.

Criminal Justice and Court Services Act 2000 (c. 43)Criminal Justice and Court Services Act 2000 (c. 43)

91 35In section 42(1), for ““charity trustee” has the same meaning as in the
Charities Act 1993” substitute ““charity trustee” has the same meaning as in
the Charities Act 2011”.

Criminal Justice and Police Act 2001 (c. 16)Criminal Justice and Police Act 2001 (c. 16)

92 In Part 1 of Schedule 1, for paragraph 56A and its heading substitute—

“Charities Act 2011

The power of seizure conferred by section 48(3) of the Charities
Act 2011 (seizure of material for the purposes of an inquiry under
5section 46 of that Act).”

Churchwardens Measure 2001 (No. 1)Churchwardens Measure 2001 (No. 1)

93 In section 2(1), for “under section 72(1) of the Charities Act 1993 (c 10)1993 (c 10) and
the disqualification is not for the time being subject to a general waiver by
the Charity Commission under subsection (4) of that section or to a waiver
10by it under that subsection” substitute “under section 178 of the Charities
Act 2011 and the disqualification is not for the time being subject to a general
waiver by the Charity Commission under section 181 of that Act or to a
waiver by it under that section”.

Land Registration Act 2002 (c. 9)Land Registration Act 2002 (c. 9)

94 15In section 4(1)(aa), for “section 83 of the Charities Act 1993” substitute
“section 334 of the Charities Act 2011”.

Licensing Act 2003 (c. 17)Licensing Act 2003 (c. 17)

95 In section 16(3), omit the definition of “charity”.

96 In Schedule 2, for paragraph 5(4) substitute—

“(4) 20In sub-paragraph (1)(d) “registered charity” means--

(a) a charity which is registered in accordance with section 30
of the Charities Act 2011, or

(b) a charity which by virtue of subsection (2) of that section is
not required to be so registered.”

25Higher Education Act 2004 (c. 8)Higher Education Act 2004 (c. 8)

97 In section 40—

(a) in subsection (1A), for “section 13 of the Charities Act 2006)”
substitute “section 25 of the Charities Act 2011)”,

(b) in subsection (1B), for “section 10A of the Charities Act 1993”
30substitute “section 56 or 57 of the Charities Act 2011”, and

(c) in subsection (3) for “section 13 of the Charities Act 2006)” substitute
“section 25 of the Charities Act 2011)”.

Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27)Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27)

98 In section 54C(3), for ““exempt charity” has the same meaning as in the
35Charities Act 1993 (see section 96 of that Act)” substitute ““exempt charity”
has the same meaning as in the Charities Act 2011 (see section 22 of that
Act).”

99 In section 63(1), in the definition of “English charity” for “as defined by
section 1(1) of the Charities Act 2006” substitute ““as defined by section 1(1)
of the Charities Act 2011”.

100 In Schedule 3, for paragraph 4 substitute—

“4 5The person appointed to chair the Charity Commission may make
available to the Regulator, to assist in the exercise of the
Regulator’s functions—

(a) any other member of the Commission appointed under
paragraph 1(1) of Schedule 1 to the Charities Act 2011, or

(b) 10any member of staff of the Commission appointed under
paragraph 5(1) of that Schedule.”

Pensions Act 2004 (c. 35)Pensions Act 2004 (c. 35)

101 In Schedule 3, for the entry relating to the Charity Commission substitute—

102 In Schedule 8, for the entry relating to the Charity Commission substitute—

Serious Organised Crime and Police Act 2005 (c. 15)Serious Organised Crime and Police Act 2005 (c. 15)

103 20In section 146(3)(b), for “charity trustee (within the meaning of the Charities
Act 1993 (c. 10)1993 (c. 10))” substitute “charity trustee (within the meaning of the
Charities Act 2011)”.

Education Act 2005 (c. 18)Education Act 2005 (c. 18)

104 In section 92(5), for “section 13 of the Charities Act 2006)” substitute “section
2525 of the Charities Act 2011)”.

Gambling Act 2005 (c. 19)Gambling Act 2005 (c. 19)

105 In section 19(2)(a), for “purposes which are exclusively charitable according
to the law of England and Wales” substitute “purposes which are exclusively
charitable purposes (as defined by section 2 of the Charities Act 2011)”.

30Charities and Trustee Investment (Scotland) Act 2005 (asp 10)Charities and Trustee Investment (Scotland) Act 2005 (asp 10)

106 In section 36(1), for paragraphs (a) and (b) substitute—

“(a) which is registered as a charity in England and Wales in
accordance with section 30 of the Charities Act 2011, or

(b) which, by virtue of subsection (2) of that section, is not
35required to register as a charity under that section.”

107 In section 69(2)(d)(i), after “Wales under” insert “section 79(2)(a) of the
Charities Act 2011 or” and for “18(2)(i) of that Act” substitute “18(2)(i) of the
1993 Act”.

108 In section 96(3), for “sections 24 and 25 of the Charities Act 1993 (c. 10)1993 (c. 10)”
5substitute “sections 96 and 100 of the Charities Act 2011”.

Natural Environment and Rural Communities Act 2006 (c. 16)Natural Environment and Rural Communities Act 2006 (c. 16)

109 In section 81(2)(h), for “section 13 of the Charities Act 2006)” substitute
“section 25 of the Charities Act 2011)”.

Education and Inspections Act 2006 (c. 40)Education and Inspections Act 2006 (c. 40)

110 10In Schedule 2, in paragraph 10(2)(b), for “charity trustee (within the meaning
of the Charities Act 1993 (c. 10)1993 (c. 10))” substitute “charity trustee (within the
meaning of the Charities Act 2011)”.

National Health Service Act 2006 (c. 41)National Health Service Act 2006 (c. 41)

111 In section 217(5), for “the court (as defined in the Charities Act 1993 (c. 10)1993 (c. 10))”
15substitute “the court (as defined in the Charities Act 2011)”.

National Health Service (Wales) Act 2006 (c. 42)National Health Service (Wales) Act 2006 (c. 42)

112 In section 165(5), for “the court (as defined in the Charities Act 1993 (c. 10)1993 (c. 10))”
substitute “the court (as defined in the Charities Act 2011)”.

Companies Act 2006 (c. 46)Companies Act 2006 (c. 46)

113 20In section 21(2)(a), for “section 64 of the Charities Act 1993 (c. 10)1993 (c. 10)” substitute
“sections 197 and 198 of the Charities Act 2011”.

114 In section 31(4)(a), for “section 64 of the Charities Act 1993 (c. 10)1993 (c. 10)” substitute
“sections 197 and 198 of the Charities Act 2011”.

115 In—

(a) 25section 1140(2)(c)(ii), and

(b) section 1154(1)(b) and (2)(b),

for “section 18 of the Charities Act 1993 (c. 10)1993 (c. 10)” substitute “section 76 of the
Charities Act 2011”.

116 In Schedule 1, in paragraph 6(4)(b) for “or section 24 or 25 of the Charities
30Act 1993 (c. 10)1993 (c. 10),” substitute “, section 24 or 25 of the Charities Act 1993 or
section 96 or 100 of the Charities Act 2011,”.

Safeguarding Vulnerable Groups Act 2006 (c. 47)Safeguarding Vulnerable Groups Act 2006 (c. 47)

117 In Schedule 4, in—

(a) paragraph 4(7) and

(b) 35paragraph 8(6),

for ““charity trustee” has the same meaning as in the Charities Act 1993
(c. 10)” substitute ““charity trustee” has the same meaning as in the Charities
Act 2011”.

Charities Act 2006 (c. 50)Charities Act 2006 (c. 50)

118 In section 54(2), for “section 9 of the 1993 Act” substitute “section 52 of the
Charities Act 2011”.

119 In section 72(3), for “section 10(2) to (4) of the 1993 Act” substitute “section
555 of the Charities Act 2011”.

120 (1) In section 73(5)(b), for “the appointed day (within the meaning of section 10
of this Act)” substitute “31 January 2009”.

(2) After section 73(5) insert—

“(6) This section has effect, in relation to any time occurring on or after
10the commencement of the Charities Act 2011 as if—

(a) 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,

(b) 15the 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

(c) the reference in subsection (5)(a) to paragraph (b) or (c) of
20section 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.”

121 (1) In section 74(4), omit—

(a) paragraphs (a) and (b), and

(b) 25in paragraph (e), “76 or”.

(2) In section 74(5), omit “(a), (b),”.

(3) Omit section 74(6).

122 Omit section 76.

123 (1) In section 78(2)—

(a) 30omit paragraph (a);

(b) in paragraph (b), for “(in accordance with section 2(6)) the meaning
given by section 2(1)” substitute “(in accordance with section 2(2) of
the Charities Act 2011) the meaning given by section 2(1) of that Act”;

(c) in paragraph (c), for “the 1993 Act” substitute “that Act”;

(d) 35omit the words following paragraph (c).

(2) Omit section 78(3).

(3) In section 78(4)(c), omit “6(5) or”.

124 In section 79(1), omit—

(a) paragraph (a), and

(b) 40in paragraph (g), the words from “paragraph 104” to “paragraph
174(d)”.

125 In section 80—

(a) omit subsections (3)(a), (b) and (d) (but not the “and” following it),
(4), (5)(a) to (c) and (e) (but not the “and” following it), (6) and (8),

(b) in subsections (3)(e) and (5)(f), for “76” substitute “77”, and

(c) in subsection (9)—

(i) 5omit “also” and paragraph (a) (together with the “or”
following it), and

(ii) in paragraph (b), for “those” substitute “the amendments”.

Income Tax Act 2007 (c. 3)Income Tax Act 2007 (c. 3)

126 (1) Amend section 558 as follows.

(2) 10Under the heading “Type 2”, for “or” preceding paragraph (c) substitute—

“(bb) section 96 of the Charities Act 2011, or”.

(3) Under the heading “Type 3”, omit “or” preceding paragraph (b) and at the
end of paragraph (b) insert “or

(c) section 100 of the Charities Act 2011.”

15Legal Services Act 2007 (c. 29)Legal Services Act 2007 (c. 29)

127 In section 194(9)(a), for “in accordance with section 3A of the Charities Act
1993 (c. 10)1993 (c. 10),” substitute “in accordance with section 30 of the Charities Act
2011,”.

Dioceses, Pastoral and Mission Measure 2007 (No. 1)Dioceses, Pastoral and Mission Measure 2007 (No. 1)

128 20In section 62(1), in the definition of “charity”, for “section 78(2) of the
Charities Act 2006 (c. 50)2006 (c. 50)” substitute “section 10 of the Charities Act 2011”.

129 In Schedule 2, in paragraph 13(2), for “charity trustee within the meaning of
the Charities Act 1993 (1993 c. 101993 c. 10)” substitute “charity trustee within the
meaning of the Charities Act 2011”.

25Regulatory Enforcement and Sanctions Act 2008 (c. 13)Regulatory Enforcement and Sanctions Act 2008 (c. 13)

130 In Schedule 3, omit “Charities Act 1993 (c. 10)1993 (c. 10), sections 76 to 78” and after the
entry relating to the Charities Act 2006 insert “Charities Act 2011, sections
294 to 297”.

Housing and Regeneration Act 2008 (c. 17)Housing and Regeneration Act 2008 (c. 17)

131 30In section 135(6), for “sections 41 to 45 of the Charities Act 1993 (c. 10)1993 (c. 10)
(charity accounts)” substitute “Part 8 of the Charities Act 2011”.

132 In section 136—

(a) in subsection (4), for “section 43(1)(a) of the Charities Act 1993”
substitute “section 144(1)(a) of the Charities Act 2011”,

(b) 35in subsection (5)(a), for “section 43(1) of the Charities Act 1993,”
substitute “section 144(1) of the Charities Act 2011,”,

(c) in subsection (5)(b), for “section 43(1)(b)”, substitute “section
144(1)(b)”, and

(d) in subsection (6), for “section 43 of the Charities Act 1993 (c. 10)1993 (c. 10)”
40substitute “section 144 of the Charities Act 2011”.

133 In section 138(3)(a), for “the Charities Act 1993” substitute “the Charities Act
2011”.

134 In section 266(6), for “section 72 of the Charities Act 1993 (c. 10)1993 (c. 10)” substitute
“section 178 of the Charities Act 2011”.

135 5In section 275—

(a) in the definition of “non-registrable charity”, for “section 3A of the
Charities Act 1993 (c. 10)1993 (c. 10),”, substitute “section 30 of the Charities Act
2011,”, and

(b) in the definition of “registered charity”, for “the Charities Act 1993
10(c. 10),” substitute “the Charities Act 2011,”.

Planning Act 2008 (c. 29)Planning Act 2008 (c. 29)

136 (1) Amend section 210 as follows.

(2) In subsection (1)(b), for “section 2 of the Charities Act 2006 (c. 50)2006 (c. 50)” substitute
“section 2 of the Charities Act 2011”.

(3) 15In subsection (4)—

(a) in paragraph (a), for “section 3 of the Charities Act 1993 (c. 10)1993 (c. 10),”
substitute “section 29 of the Charities Act 2011,”, and

(b) in paragraph (b), for “section 1(1) of the Charities Act 2006 but is not
required to be registered in the register kept under section 3 of the
20Charities Act 1993” substitute “section 1(1) of the Charities Act 2011
but is not required to be registered in the register kept under section
29 of that Act”.

(4) In subsection (5), for “section 2(2) of the Charities Act 2006;” substitute
“section 3(1) of the Charities Act 2011;”.

25Charities Act (Northern Ireland) 2008 (c. 12 (N.I.))Charities Act (Northern Ireland) 2008 (c. 12 (N.I.))

137 In section 56(1)(a), for “under section 3 of the Charities Act 1993 (c. 10)1993 (c. 10), or
which, by virtue of section 3A(2) of that Act, is not required to register as a
charity under that section” substitute “in the register kept under section 29
of the Charities Act 2011, or which, by virtue of section 30(2) of that Act, is
30not required to be registered in that register”.

138 In section 86(1)(e)—

(a) in sub-paragraph (i), after “under” insert “section 79(2)(a) of the
Charities Act 2011 or”, and

(b) in sub-paragraph (ii), for “that provision” substitute “section 18(2)(i)
35of the 1993 Act”.

Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)

139 In section 71A(1), for “section 13 of the Charities Act 2006)” substitute
“section 25 of the Charities Act 2011)”.

140 In Schedule 3, in paragraph 19(4)(c), for “(within the meaning of section 69A
40of the Charities Act 1993 (c. 10)1993 (c. 10))” substitute “(within the meaning of Part 11
of the Charities Act 2011)”.