SCHEDULE 9 continued
Contents page 110-119 120-129 130-139 140-149 150-159 160-169 170-179 190-199 200-209 210-219 220-229 Last page
Charities BillPage 220
20
(1)
Sub-paragraph (2) applies if, in relation to charities of a particular
description or a particular charity, paragraph 7 of Schedule 5 to the 2006 Act
(removal of exclusion of exempt charities from power to give directions
5about dormant accounts) has not been brought into force before the
commencement of this Act.
(2)
In relation to those charities or that charity, section 107 (power to direct
transfer of credits in dormant bank accounts) has effect until the relevant
commencement date as if after subsection (5) there were inserted—
“(6)
10Subsection (1) does not apply to any account held in the name of or
on behalf of an exempt charity.”
21
(1)
Sub-paragraph (2) applies if, in relation to charities of a particular
description or a particular charity, paragraph 8 of Schedule 5 to the 2006 Act
15(proceedings relating to exempt charity must be authorised by Commission
etc.) has not been brought into force before the commencement of this Act.
(2)
In relation to those charities or that charity, section 115 (proceedings by
persons other than the Commission) has effect until the relevant
commencement date as if—
(a) 20in subsection (2), after “relating to a charity”, and
(b) in subsection (7)(a), after “with reference to any charity”,
there were inserted “(other than an exempt charity)”.
22
(1)
Sub-paragraph (2) applies if, in relation to charities of a particular
25description or a particular charity, section 29(2) of the 2006 Act
(amendments of section 46 of the 1993 Act about application to exempt
charities of duty of auditors etc. to report matters to Commission) has not
been brought into force before the commencement of this Act.
(2)
In relation to those charities or that charity, section 160 (audit or examination
30of accounts: exempt charities) has effect until the relevant commencement
date as if—
(a)
in subsection (1) (provision corresponding to section 46(1)), for
“sections 144 to 155 (audit or examination of accounts)” there were
substituted “sections 144 to 157 (audit or examination of accounts
35and duty of auditors etc. to report matters to Commission)”, and
(b)
subsection (2) (provision corresponding to section 46(2A) and (2B))
were omitted.
(3)
Sub-paragraph (4) applies if, in relation to charities of a particular
description or a particular charity, section 46(3A) of the 1993 Act
40(application to certain excepted charities which are also exempt charities of
duty of auditors etc. to report matters to Commission) has not been brought
into force before the commencement of this Act.
(4)
In relation to those charities or that charity, section 161 (audit or examination
of accounts: excepted charities) has effect until the relevant commencement
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date as if subsection (4) (provision corresponding to section 46(3A)) were
omitted.
(5) Sub-paragraph (6) applies if—
(a)
sub-paragraph (2) applies and, on the date which is the relevant
5commencement date in relation to that sub-paragraph, section 160
applies without the modifications in that sub-paragraph, or
(b)
sub-paragraph (4) applies and, on the date which is the relevant
commencement date in relation to that sub-paragraph, section 161
applies without the modifications in that sub-paragraph.
(6)
10Section 160(2) or (as the case may be) 161(4) applies in relation to matters
(“pre-commencement matters”) of which a person became aware at any time
falling—
(a) before the relevant commencement date, and
(b) during a financial year ending on or after that date,
15as well as in relation to matters of which the person becomes aware on or
after that date.
(7)
Any duty imposed by virtue of sub-paragraph (6) must be complied with in
relation to any such pre-commencement matters as soon as practicable after
the relevant commencement date.
23
(1)
This paragraph applies if paragraph 7 of Schedule 16 to the Tribunals,
Courts and Enforcement Act 2007 (administration orders: consequential
amendments) has not been brought into force before the commencement of
this Act.
(2)
25Section 178(1) has effect until the relevant commencement date as if in Case
F for “section 429(2) of the Insolvency Act 1986 (disabilities on revocation of
county court administration order)” there were substituted “section
429(2)(b) of the Insolvency Act 1986 (failure to pay under county court
administration order)”.
(3)
30Section 180(2) has effect until the relevant commencement date as if for
“section 429(2) of the Insolvency Act 1986” there were substituted “section
429(2)(b) of the Insolvency Act 1986”.
24
In relation to an offence committed before the commencement of section
35154(1) of the Criminal Justice Act 2003 (general limit on the magistrates’
court’s power to impose imprisonment) the reference to 12 months in
section 183(3)(a) is to be read as a reference to 6 months.
25
(1)
Sub-paragraph (2) applies if, in relation to charities of a particular
40description or a particular charity, paragraph 9 of Schedule 5 to the 2006 Act
(Commission to have power to order disqualified charity trustee or trustee
to repay sums to exempt charity) has not been brought into force before the
commencement of this Act.
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(2)
In relation to those charities or that charity, section 184 (civil consequences
of acting while disqualified) has effect until the relevant commencement
date as if in subsection (2)(a), after “for a charity”, there were inserted “(other
than an exempt charity)”.
26 (1) Sub-paragraph (2) applies if any provision of the 1993 Act relating to CIOs—
(a)
has not been brought into force before the commencement of this
Act, or
(b)
has not been brought into force for all purposes or for all areas before
10the commencement of this Act;
and in sub-paragraph (2) “excluded purpose or area” means any purpose or
area in relation to which that provision of the 1993 Act has not been brought
into force.
(2)
This Act has effect until the relevant commencement date as if the provision
15of this Act corresponding to that provision of the 1993 Act—
(a) were omitted, or
(b) were omitted in relation to the excluded purpose or area.
(3)
For the purposes of this paragraph, the provisions of the 1993 Act relating to
CIOs, and the corresponding provisions of this Act, are—
| provision of the 1993 Act | 20corresponding provision of this Act |
|---|---|
| section 45(3B) | section 163(3) |
| in section 48(1A), “(but this subsection does not apply if the charity is constituted as a CIO)” |
in section 169(2), “(but this subsection does not apply if the charity is constituted as a CIO)” |
| any provision of Part 8A, including Schedule 5B but excluding section 69O |
25the corresponding provision of Part 11 |
| section 69O | section 267(2) |
| section 73E(2)(b) | section 192(2)(b) |
| section 75C(11) | 30section 314 |
| in section 97(1), the definition of “CIO” |
section 204 |
| paragraph 1 of Schedule 1C in relation to a decision of the Commission under a provision of Part 8A or Schedule 5B mentioned in column 1 of the Table in Schedule 1C |
section 319 in relation to a decision of the Commission under a 35provision of Part 11 mentioned in column 1 of Schedule 6. |
27
(1)
Sub-paragraph (2) applies if section 2 of the Co-operative and Community
40Benefit Societies and Credit Unions Act 2010 (re-naming the Industrial and
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Provident Societies Acts) has not been brought into force before the
commencement of this Act.
(2)
In the application of subsection (1) or (5) of section 229 (application for
conversion by registered society) before the commencement of section 2 of
5the 2010 Act the reference to the Co-operative and Community Benefit
Societies and Credit Unions Act 1965 (c. 12)Co-operative and Community Benefit
Societies and Credit Unions Act 1965 (c. 12) is to be read as a reference to the
Industrial and Provident Societies Act 1965 (c. 12)1965 (c. 12).
28
(1)
Sub-paragraph (2) applies if section 2 of the Co-operative and Community
10Benefit Societies and Credit Unions Act 2010 (re-naming the Industrial and
Provident Societies Acts) has not been brought into force before the
commencement of this Act.
(2)
In the application of Schedule 7 before the commencement of section 2 of the
2010 Act—
(a)
15the reference to the Co-operative and Community Benefit Societies
and Credit Unions Act 1965Co-operative and Community Benefit Societies
and Credit Unions Act 1965 is to be read as a reference to the
Industrial and Provident Societies Act 1965 (c. 12)1965 (c. 12), and
(b)
the reference to the Co-operative and Community Benefit Societies
and Credit Unions Act 1968 (c. 55)Co-operative and Community Benefit Societies
and Credit Unions Act 1968 (c. 55) is to be read as a reference to the
20Friendly and Industrial and Provident Societies Act 1968 (c. 55)1968 (c. 55).
29
(1)
Subject to sub-paragraph (2), in this Schedule “the relevant commencement
date” means such day as the appropriate authority may by order appoint.
(2)
If, in the case of a provision referred to in any paragraph above which has
25not been brought into force before the commencement of this Act, an order
has been made before the commencement of this Act appointing a day for
the coming into force of that provision, “the relevant commencement date”
in relation to that provision means that appointed day.
(3) “The appropriate authority” means—
(a)
30in relation to paragraph 23 (disqualification and references to section
429(2) of Insolvency Act 1986), the Lord Chancellor;
(b) otherwise, the Minister.
(4)
An order made in relation to paragraph 23 may make different provision for
different purposes.
(5) 35An order made in relation to any other paragraph of this Schedule may—
(a) appoint different days for different purposes or different areas;
(b)
make such provision as the Minister considers necessary or
expedient for transitory, transitional or saving purposes in
connection with the coming into force of the order.
(6)
40Any power to make an order under this paragraph is exercisable by
statutory instrument.
30 In this Schedule—
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“the 1993 Act” means the Charities Act 1993;
“the 2006 Act” means the Charities Act 2006.
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Section 354
| Short title or title | Extent of repeal or revocation |
|---|---|
| Recreational Charities Act 1958 (c. 17) |
The whole Act. |
| Charities Act 1992 (c. 41) | 5In Schedule 6, paragraphs 1, 3 to 8, 13(1) and (3) and 14 to 16. |
| Charities Act 1993 (c. 10) | The whole Act. |
| Welsh Language Act 1993 (c. 38) |
Sections 32 and 33. |
| Local Government (Wales) Act 1994 (c. 19) |
In Schedule 16, paragraph 101. |
| Deregulation and Contracting Out Act 1994 (c. 40) |
10Section 29(1) to (6). |
| Section 30. | |
| In Schedule 11, paragraph 12. | |
| Charities (Amendment) Act 1995 (c. 48) |
The whole Act. |
| Trusts of Land and Appointment of Trustees Act 1996 (c. 47) |
In Schedule 3, paragraph 26. |
| Education Act 1996 (c. 56) | 15In Schedule 37, paragraphs 119 and 121. |
| Education Act 1997 (c. 44) | In Schedule 7, paragraph 7. |
| Bank of England Act 1998 (c. 11) | In Schedule 5, paragraph 42. |
| School Standards and Framework Act 1998 (c. 31) |
In Schedule 30, paragraph 49. |
| Insolvency Act 2000 (c. 39) | In Schedule 4, paragraph 18. |
| Land Registration Act 2002 (c. 9) |
20In Schedule 11, paragraph 29. |
| Licensing Act 2003 (c. 17) | In section 16(3), the definition of “charity”. |
| Civil Partnership Act 2004 (c. 33) |
In Schedule 21, paragraph 38. |
| In Schedule 27, paragraph 147. | |
| National Health Service (Consequential Provisions) Act 2006 (c. 43) |
In Schedule 1, paragraphs 160 to 162. |
| Companies Act 2006 (c. 46) | 25Section 181(4). |
| Section 226. | |
| Charities Act 2006 (c. 50) | Sections 1 to 9 and 11 to 44. |
| In section 74, in subsection (4), paragraphs (a) and (b) and in paragraph (e) “76 or”, in 30subsection (5) “(a), (b),” and subsection (6). |
|
| Section 76. | |
| In section 78, in subsection (2), paragraph (a) and the words following paragraph (c), subsection (3) and, in subsection (4)(c), “6(5) 35or”. |
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| Short title or title | Extent of repeal or revocation |
|---|---|
| Charities Act 2006 (c. 50)—cont. | In section 79(1), paragraph (a) and in paragraph (g) the words from “paragraph 104” to “paragraph 174(d)”. |
| 5In section 80 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) and in subsection (9) “also” and paragraph (a) (together with the “or” 10following it). |
|
| Schedules 1, 2 and 4 to 7. | |
| In Schedule 8, paragraphs 1, 2, 6, 8, 13(4), 30, 33(3), 37(3), 39, 50 to 52, 54, 55, 57, 59, 61, 65, 69, 73, 77(3), 80(5)(d) (together with the “and” 15preceding it), (6) to (8), 83(3) and (4), 85 to 88, 90(4), 96 to 178, 180, 181(4) and (5), 191, 192(4), 193 to 195, 198, 199, 204 to 207, 210(b) (together with the “and” following it) and (c) and 212. |
|
| 20In Schedule 10, paragraphs 1 to 14, 17 to 20, 23(a), (b) and (d) (together with the “or” preceding it), 24 and 26. |
|
| Income Tax Act 2007 (c. 3) | In section 558, under the heading “Type 3”, the word “or” preceding paragraph (b). |
| 25In Schedule 1, paragraph 353. | |
| Tribunals, Courts and Enforcement Act 2007 (c. 15) |
In Schedule 16, paragraph 7. |
| Further Education and Training Act 2007 (c. 25) |
In Schedule 1, paragraph 8. |
| Local Government and Public Involvement in Health Act 2007 (c. 28) |
In Schedule 9, paragraph 1(2)(i). |
| Regulatory Enforcement and Sanctions Act 2008 (c. 13) |
In Schedule 3, “Charities Act 1993 (c. 10)1993 (c. 10), 30sections 76 to 78”. |
| Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) |
In Schedule 12, paragraph 8. |
| Corporation Tax Act 2010 (c. 4) | In section 511, under the heading “Type 3”, the word “or” preceding paragraph (b). |
| In Schedule 1, paragraphs 273 to 275 and 491 to 35493. |
|
| Academies Act 2010 (c. 32) | Section 12(4). |
| Church of England (Miscellaneous Provisions) Measure 2000 (No. 1) |
Section 11. |
| Companies Act 1985 (Audit Exemption) Regulations 1994 (S.I. 1994/1935) |
In Schedule 1, paragraphs 6 and 7. |
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| Short title or title | Extent of repeal or revocation |
|---|---|
| Charities Act 1993 (Substitution of Sums) Order 1995 (S.I. 1995/2696) |
The whole Order. |
| Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I. 2001/3649) |
Article 339. |
| Insolvency Act 2000 (Company Directors Disqualification Undertakings) Order 2004 (S.I. 2004/1941) |
In the Schedule, paragraph 5. |
| Regulatory Reform (National Health Service Charitable and Non-Charitable Trust Accounts and Audit) Order 2005 (S.I. 2005/1074) |
5Article 3. |
| Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239 (W.244)) |
In Schedule 1, paragraph 4. |
| Charities and Trustee Investment (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2006 (S.I. 2006/242 (S.2)) |
In the Schedule, paragraph 6. |
| Enterprise Act 2002 (Disqualification from Office: General) Order 2006 (S.I. 2006/1722) |
In Schedule 2, paragraph 4. |
| Transfer of Functions (Third Sector, Communities and Equality) Order 2006 (S.I. 2006/2951) |
In the Schedule, paragraph 4. |
| Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194) |
10In Schedule 4, paragraphs 78 to 82. |
| Charities Act 2006 (Charitable Companies Audit and Group Accounts Provisions) Order 2008 (S.I. 2008/527) |
The whole Order. |
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| Short title or title | Extent of repeal or revocation |
|---|---|
| Companies Act 2006 (Consequential Amendments etc.) Order 2008 (S.I. 2008/ 948) |
In Schedule 1, paragraphs 1(rr), 17 and 192. |
| In Schedule 3, paragraphs 7 to 12. | |
| Charities Acts 1992 and 1993 (Substitution of Sums) Order 2009 (S.I. 2009/508) |
Articles 7 to 11. |
| Transfer of Functions of the Charity Tribunal Order 2009 (S.I. 2009/1834) |
5In Schedule 1, paragraphs 6 to 15. |
| Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941) |
In Schedule 1, paragraph 139. |
| Legal Services Act 2007 (Consequential Amendments) Order 2009 (S.I. 2009/3348) |
Article 4. |
| Charities Act 2006 (Changes in Exempt Charities) Order 2010 (S.I. 2010/500) |
Article 2. |
| In Schedule 1, paragraphs 3 and 4. | |
| Income Tax Act 2007 (Amendment) Order 2010 (S.I. 2010/588) |
10Article 4. |
| Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866) |
In Schedule 2, paragraph 78. |
| Charities (Pre-consolidation Amendments) Order 2011 (S.I. 2011/1396) |
The whole Order. |
| Charities Act 2006 (Changes in Exempt Charities) Order 2011 (S.I. 2011/1725) |
15Article 2. |
| In the Schedule, paragraphs 1 to 4. |
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Section 357
| aggregate gross income (in Part 8) | section 175 |
| the appropriate registrar (in sections 230 to 233) | section 230(2) |
| application for amalgamation (in sections 237 to 239) | 5section 237(7) |
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| application for conversion (in sections 230 to 233) | section 230(3) |
| available endowment fund (in Parts 13 and 14) | section 281(7) (and see also sections 282(5) and 288(7)) |
| benefit (in sections 185 and 186, 198 and various provisions in Part 11) |
5sections 187, 199 and 248 |
| charitable company | section 193 |
| charitable purpose or purposes | sections 2(1) and 11 |
| charitable purposes, failure of (in sections 63 and 65) | section 66(1) |
| charity | 10sections 1 and 10 (and see also section 12) |
| charity law (in Chapter 3 of Part 17) | section 331(1) |
| charity trustees | section 177 |
| child (in sections 118(2)(c), 188(1)(a), 200(1)(a) and 249(2)(a)) |
section 350(1) 15 |
| CIO | section 204 |
| CIO regulations (in Part 11) | section 247 |
| civil partner (in sections 118(2)(e), 188(1)(b), 200(1)(b) and 249(2)(b)) |
section 350(2) |
| the Commission | 20section 13(1) |
| common deposit scheme (in sections 100 to 103) | section 100(2) |
| common investment scheme (in sections 96 to 99) | section 96(2) |
| company | section 353(1) |
| connected institution or body (in section 156(2)) | section 157 |
| connected person, in relation to a charity (in section 117(2)) |
25section 118 |
| connected person—person connected with: a charity trustee or trustee (in sections 185 and 186); a director or member of a charitable company (in section 198(2)(c)); or a charity trustee or member of a CIO (in various provisions in Part 11) |
sections: 188; 200; and 249 30 |
| constitutional capacity, lack of (in sections 218 and 219) | section 218(7)(a) |
| constitutional limitations (in sections 218 and 219) | section 218(7)(b) |
| constitutional powers (in sections 218 and 219) | section 218(7)(b) |
| control of institution (in sections 118(2)(g), 157(1)(a), 188(1)(d), 200(1)(d) and 249(2)(d)) |
35section 351 |
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| the court | section 353(1) |
| document | section 353(2) |
| donor (in sections 63 to 66) | section 66(2) |
| dormant account (in sections 107 to 109) | section 109(2) |
| ecclesiastical charity | 5section 353(1) |
| enactment (extended meanings) | sections 9(1), 23(4) and 27(2), 58(7), 245(4), 246(5) and 331(1); Schedule 7, paragraph 102(2) and Schedule 8, paragraph 15(2) |
| exempt charity | section 22 and Schedule 3 |
| financial year | section 353(1) |
| gross income (generally and in section 30) | 15sections 353(1) and 30(4) |
| the group (in Part 8) | section 141(5) |
| group accounts (in Part 8) | section 142 |
| incorporated body (in Part 12) | section 265 |
| independent examiner | 20section 353(1) |
| institution | section 9(3) |
| land (in sections 117 to 126) | section 129(1) |
| maximum amount, in relation to remuneration (in sections 185 and 186) |
section 187 |
| members, in relation to a charity with a body of members distinct from the charity trustees |
25section 353(1) |
| members, in relation to a group (in Part 8) | section 141(5) |
| the Minister | section 353(1) |
| mortgage (in sections 124 to 126) | section 129(2) |
| Northern Ireland charity (in sections 97 and 101) | 30section 104(2) |
| the official custodian | section 21(1) |
| parent charity (in Part 8) | section 141(2) |
| parochial charity (in sections 299 and 300) | section 303(1) |
| permanent endowment | section 353(3) |
| the principal regulator | 35section 25 |
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| prescribed (in sections 63 and 65) | section 66(4) |
| the public benefit requirement | section 4(1) |
| the register | section 29(3) |
| registered | section 29(3) |
| the relevant charity, in relation to an incorporated body (in Part 12) |
5section 265 |
| the relevant charity, in relation to power to spend capital subject to special trust (in Part 14) |
section 288(1) |
| relevant charity merger (in Part 16) | section 306(1) |
| the relevant commencement date (in Schedule 9) | 10Schedule 9, paragraph 29 |
| relevant institution (in sections 107 to 109) | section 109(3) |
| remit (in column 3 of Schedule 6) | section 323 |
| remuneration (in sections 185 and 186) | section 187 |
| reviewable matter (in Chapter 2 of Part 17) | 15section 322 |
| Scottish recognised body (in sections 97 and 101) | section 104(1) |
| services (in sections 185 and 186) | section 187 |
| special trust | section 287 |
| spouse (in sections 118(2)(e), 188(1)(b), 200(1)(b) and 249(2)(b)) |
section 350(2) 20 |
| subsidiary undertaking, in relation to a parent charity (in Part 8) |
section 141(3) and (4) |
| substantial interest in a body corporate (in sections 118(2)(h), 157(1)(b), 188(1)(e), 200(1)(e) and 249(2)(e)) |
section 352 |
| transfer of property (in sections 268 to 274) | 25section 267(4) |
| transfer of property (in sections 306 to 308) | section 306(4)(a) |
| transferee and transferor (in Part 16) | sections 306(1) and 312 |
| transferor’s property, all of (in Part 16) | sections 306(3)(a) and 312(1)(b) |
| the Tribunal | 30section 315(1) |
| trusts, in relation to a charity and other institutions | section 353(1) |
| undertaking (for certain specified purposes) | sections 55(3) and 141(6) |
| vesting declaration (in sections 306 to 308) | section 306(4)(b) |
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