Charities Bill [HL]

Session 2010 - 12
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Charities Bill [HL]

Charities Bill [HL]
Part 18 — Miscellaneous and supplementary
163

(4)
Subsections (2) and (3) apply to any document—
(a)
transmitted to the Commission under section 52, and
(b)
kept by the Commission under section 52(3),

as if the document had been deposited with the Commission for safe keeping
under section 340.
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(5)
Subsections (2) to (4) apply (with any necessary adaptations) to documents
enrolled by, deposited with or transmitted to the Charity Commissioners for
England and Wales under corresponding previous enactments, including in
particular the Charitable Trusts Act 1853 to 1939.
342
Report of inquiry to be evidence in certain proceedings
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(1)
A copy of the report of the person conducting an inquiry under section 46, if
certified by the Commission to be a true copy, is admissible in any proceedings
to which this section applies—
(a)
as evidence of any fact stated in the report, and
(b)
as evidence of the opinion of that person as to any matter referred to in
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it.
(2)
This section applies to—
(a)
any legal proceedings instituted by the Commission under Part 6, and
(b)
any legal proceedings instituted by the Attorney General in respect of
a charity.
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(3)
A document purporting to be a certificate issued for the purposes of subsection
(1) is to be—
(a)
received in evidence, and
(b)
treated as such a certificate,

unless the contrary is proved.
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343
Evidence of documents issued by Commission etc.
(1)
Evidence of any order, certificate or other document issued by the Commission
may be given by means of a copy retained by it, or taken from a copy so
retained, if the copy is certified to be a true copy by any member of the staff of
the Commission generally or specially authorised by the Commission to act for
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this purpose.
(2)
Evidence of an entry in any register kept by the Commission may be given by
means of a copy of the entry, if the copy is certified to be a true copy by any
member of the staff of the Commission generally or specially authorised by the
Commission to act for this purpose.
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(3)
A document purporting to be such a copy as is mentioned in subsection (1) or
(2) is to be received in evidence without proof of the official position, authority
or handwriting of the person certifying it.
(4)
Subsections (1) and (3) apply to any order, certificate or other document issued
by the Charity Commissioners for England and Wales as they apply to any
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order, certificate or other document issued by the Commission.

Charities Bill [HL]
Part 18 — Miscellaneous and supplementary
164

344
Other miscellaneous provisions as to evidence
(1)
Subsection (2) applies to proceedings to recover or compel payment of any
rentcharge or other periodical payment claimed by or on behalf of a charity out
of land or of the rents, profits or other income of land, otherwise than as rent
incident to a reversion.
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(2)
If it is shown in any proceedings to which this subsection applies that the
rentcharge or other periodical payment has at any time been paid for 12
consecutive years to or for the benefit of the charity—
(a)
that is prima facie evidence of the perpetual liability to it of the land or
income, and
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(b)
no proof of its origin is necessary.
(3)
In any proceedings, the following documents are admissible as evidence of the
documents and facts stated in them—
(a)
the printed copies of the reports of the Commissioners for enquiring
concerning charities, 1818 to 1837, who were appointed under the Act
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58 Geo. 3 c. 91 and subsequent Acts, and
(b)
the printed copies of the reports which were made for various counties
and county boroughs to the Charity Commissioners by their assistant
commissioners and presented to the House of Commons as returns to
orders of various dates beginning with 8 December 1890, and ending
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with 9 September 1909.
Offences
345
Restriction on institution of proceedings for certain offences
(1)
No proceedings for an offence to which this section applies are to be instituted
except by or with the consent of the Director of Public Prosecutions.
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(2)
This section applies to any offence under—
(a)
section 41 (offences in connection with statements required in official
publications etc.),
(b)
section 60 (supply of false or misleading information to Commission
etc.),
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(c)
section 77(1) (offence of contravening certain orders made for
protection of charities),
(d)
section 173 (offences of failing to supply certain documents), or
(e)
section 183(1) (criminal consequences of acting while disqualified).
346
Offences by bodies corporate
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(1)
If an offence under this Act—
(a)
is committed by a body corporate, and
(b)
is proved to have been committed with the consent or connivance of, or
to be attributable to any neglect on the part of, an officer of the body
corporate,
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the officer as well as the body corporate is guilty of the offence and liable to be
proceeded against and punished accordingly.
(2)
In this section, “officer”, in relation to a body corporate, means—

Charities Bill [HL]
Part 18 — Miscellaneous and supplementary
165

(a)
any director, manager, secretary or other similar officer of the body
corporate, or
(b)
any person who was purporting to act in any such capacity,

and, in relation to a body corporate whose affairs are managed by its members,
“director” means a member of the body corporate.
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Regulations and orders
347
Regulations and orders: general
(1)
Any power of the Minister to make any regulations or order under this Act is
exercisable by statutory instrument.
(2)
Subject to sections 348(1) and 349(1), regulations or orders of the Minister
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under this Act are subject to annulment in pursuance of a resolution of either
House of Parliament.
(3)
Any regulations of the Minister or the Commission and any order of the
Minister under this Act may make—
(a)
different provision for different cases or descriptions of case or
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different purposes or areas, and
(b)
such supplemental, incidental, consequential, transitory or transitional
provision or savings as the Minister or, as the case may be, the
Commission considers appropriate.
(4)
Nothing in this section applies to an order under paragraph 29 of Schedule 9
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(transitory modifications).
348
Regulations subject to affirmative procedure etc.
(1)
Section 347(2) (negative procedure) does not apply to—
(a)
regulations under section 19 (fees and other amounts payable to
Commission) which require the payment of a fee in respect of any
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matter for which no fee was previously payable;
(b)
regulations under section 25 (meaning of “principal regulator”) which
amend any provision of an Act;
(c)
regulations under section 245 (regulations about winding up,
insolvency and dissolution of CIOs).
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(2)
No regulations within subsection (1)(a) or (c) may be made unless a draft of the
regulations has been laid before and approved by a resolution of each House
of Parliament.
(3)
No regulations within subsection (1)(b) may be made (whether alone or with
other provisions) unless a draft of the regulations has been laid before and
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approved by a resolution of each House of Parliament.
(4)
Before making any regulations under—
(a)
Part 8 (charity accounts, reports and returns), or
(b)
section 245 or 246 (certain powers to make regulations about CIOs),

the Minister must consult such persons or bodies of persons as the Minister
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considers appropriate.

Charities Bill [HL]
Part 18 — Miscellaneous and supplementary
166

349
Orders subject to affirmative procedure etc.
(1)
Section 347(2) (negative procedure) does not apply to—
(a)
an order under section 23 (power to amend Schedule 3 so as to add or
remove exempt charities);
(b)
an order under section 73(2) (powers to make schemes altering
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provision made by Acts etc.);
(c)
an order under section 190 (power to amend provisions relating to
indemnity insurance for charity trustees and trustees);
(d)
an order under section 324 (power to amend provisions relating to
appeals and applications to Tribunal).
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(2)
No order within subsection (1)(a) may be made (whether alone or with other
provisions) unless a draft of the order has been laid before and approved by a
resolution of each House of Parliament.
(3)
No order within subsection (1)(c) or (d) may be made unless a draft of the order
has been laid before and approved by a resolution of each House of Parliament.
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(4)
If a draft of an instrument containing an order under section 23 would, apart
from this subsection, be treated for the purposes of the Standing Orders of
either House of Parliament as a hybrid instrument, it is to proceed in that
House as if it were not such an instrument.
Interpretation
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350
Connected person: child, spouse and civil partner
(1)
In sections 118(2)(c), 188(1)(a), 200(1)(a) and 249(2)(a), “child” includes a
stepchild and an illegitimate child.
(2)
For the purposes of sections 118(2)(e), 188(1)(b), 200(1)(b) and 249(2)(b)—
(a)
a person living with another as that person’s husband or wife is to be
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treated as that person’s spouse;
(b)
where two people of the same sex are not civil partners but live together
as if they were, each of them is to be treated as the civil partner of the
other.
351
Connected person: controlled institution
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For the purposes of sections 118(2)(g), 157(1)(a), 188(1)(d), 200(1)(d) and
249(2)(d), a person controls an institution if the person is able to secure that the
affairs of the institution are conducted in accordance with the person’s wishes.
352
Connected person: substantial interest in body corporate
(1)
For the purposes of sections 118(2)(h), 157(1)(b), 188(1)(e), 200(1)(e) and
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249(2)(e), any such connected person as is there mentioned has a substantial
interest in a body corporate if the person or institution in question—
(a)
is interested in shares comprised in the equity share capital of that body
of a nominal value of more than one-fifth of that share capital, or
(b)
is entitled to exercise, or control the exercise of, more than one-fifth of
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the voting power at any general meeting of that body.

Charities Bill [HL]
Part 18 — Miscellaneous and supplementary
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(2)
The rules set out in Schedule 1 to the Companies Act 2006 (rules for
interpretation of certain provisions of that Act) apply for the purposes of
subsection (1) as they apply for the purposes of section 254 of that Act
(“connected persons” etc.).
(3)
In this section “equity share capital” and “share” have the same meaning as in
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that Act.
353
Minor definitions
(1)
In this Act, except in so far as the context otherwise requires—
“company” means a company registered under the Companies Act 2006
in England and Wales or Scotland;
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“the court” means—
(a)
the High Court, and
(b)
within the limits of its jurisdiction, any other court in England
and Wales having a jurisdiction in respect of charities
concurrent (within any limit of area or amount) with that of the
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High Court,
and includes any judge or officer of the court exercising the jurisdiction
of the court;
“ecclesiastical charity” has the same meaning as in the Local Government
Act 1894;
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“financial year”—
(a)
in relation to a charitable company, is to be construed in
accordance with section 390 of the Companies Act 2006, and
(b)
in relation to any other charity, is to be construed in accordance
with regulations made by virtue of section 132(3);
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but this is subject to any provision of regulations made by virtue of
section 142(3) (financial years of subsidiary undertakings);
“gross income”, in relation to a charity, means its gross recorded income
from all sources including special trusts;
“independent examiner”, in relation to a charity, means such a person as
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is mentioned in section 145(1)(a);
“members”, in relation to a charity with a body of members distinct from
the charity trustees, means any of those members;
“the Minister” means the Minister for the Cabinet Office;
“trusts”—
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(a)
in relation to a charity, means the provisions establishing it as a
charity and regulating its purposes and administration,
whether those provisions take effect by way of trust or not, and
(b)
in relation to other institutions has a corresponding meaning.
(2)
In this Act, except in so far as the context otherwise requires, “document”
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includes information recorded in any form, and, in relation to information
recorded otherwise than in legible form—
(a)
any reference to its production is to be read as a reference to the
provision of a copy of it in legible form, and
(b)
any reference to the provision of a copy of, or extract from, it is
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accordingly to be read as a reference to the provision of a copy of, or
extract from, it in legible form.

Charities Bill [HL]
Part 19 — Final provisions
168

(3)
A charity is to be treated for the purposes of this Act as having a permanent
endowment unless all property held for the purposes of the charity may be
expended for those purposes without distinction between—
(a)
capital, and
(b)
income;
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and in this Act “permanent endowment” means, in relation to any charity,
property held subject to a restriction on its being expended for the purposes of
the charity.
Part 19
Final provisions
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354
Amendments etc.
(1)
Schedule 7 contains consequential amendments.
(2)
Schedule 8 contains transitional provisions and savings.
(3)
Schedule 9 contains transitory modifications.
(4)
Schedule 10 contains repeals and revocations.
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355
Commencement
This Act comes into force at the end of the period of 3 months beginning with
the day on which it is passed.
356
Extent
(1)
Subject to subsections (2) to (7), this Act extends to England and Wales only.
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(2)
Chapter 1 of Part 1 (meaning of “charity” and “charitable purpose”: general)—
(a)
extends also to Scotland, but affects the law of Scotland only so far as
mentioned in section 7;
(b)
extends also to Northern Ireland, but affects the law of Northern
Ireland only so far as mentioned in section 8.
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(3)
In Part 5 (information powers), sections 54 to 59 (disclosure of information to
and by Commission) extend to the whole of the United Kingdom.
(4)
In Part 6 (application of property cy-près etc.)—
(a)
section 68(3) and (4) (amendment of Royal charters by Order in Council
where body corporate the subject of a scheme), and
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(b)
sections 96 to 104 (common investment or deposit funds),

extend also to Northern Ireland.
(5)
Paragraph 2 of Schedule 7 (construction of references in enactments and
documents to Charity Commissioners for England and Wales) extends also to
Scotland and Northern Ireland.
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(6)
Subject to any provision made by Schedule 7, any amendment, repeal or
revocation made by Schedule 7 or 10 has the same extent as the enactment or
provision to which it relates.
(7)
In Part 2 of Schedule 8 (transitionals and savings: recreational etc. purposes)—

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Part 19 — Final provisions
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(a)
paragraphs 9 to 12 extend also to Scotland but paragraphs 10 and 12
affect the law of Scotland only so far as mentioned in those paragraphs;
(b)
paragraphs 9 to 11 and 13 extend also to Northern Ireland but
paragraphs 10 and 13 affect the law of Northern Ireland only so far as
mentioned in those paragraphs.
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357
Index of defined expressions
Schedule 11 lists the places where some of the expressions used in this Act are
defined or otherwise explained.
358
Short title
This Act may be cited as the Charities Act 2011.
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