|
| |
|
(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 |
| |
| 5 |
(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 |
| 10 |
(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 |
| 15 |
| |
(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 |
| |
| 20 |
(3) | A document purporting to be a certificate issued for the purposes of subsection |
| |
| |
(a) | received in evidence, and |
| |
(b) | treated as such a certificate, |
| |
| unless the contrary is proved. |
| 25 |
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 |
| 30 |
| |
(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. |
| 35 |
(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 |
| 40 |
order, certificate or other document issued by the Commission. |
| |
|
| |
|
| |
|
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 |
| |
| 5 |
(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 |
| |
| 10 |
(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 |
| 15 |
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 |
| 20 |
| |
| |
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. |
| 25 |
(2) | This section applies to any offence under— |
| |
(a) | section 41 (offences in connection with statements required in official |
| |
| |
(b) | section 60 (supply of false or misleading information to Commission |
| |
| 30 |
(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 |
| 35 |
(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 |
| |
| 40 |
| 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— |
| |
|
| |
|
| |
|
(a) | any director, manager, secretary or other similar officer of the body |
| |
| |
(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. |
| 5 |
| |
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 |
| 10 |
under this Act are subject to annulment in pursuance of a resolution of either |
| |
| |
(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 |
| 15 |
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 |
| 20 |
(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 |
| 25 |
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). |
| 30 |
(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 |
| |
| |
(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 |
| 35 |
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 |
| 40 |
| |
|
| |
|
| |
|
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 |
| 5 |
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). |
| 10 |
(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. |
| 15 |
(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. |
| |
| 20 |
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 |
| 25 |
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 |
| |
| |
351 | Connected person: controlled institution |
| 30 |
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 |
| 35 |
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 |
| 40 |
the voting power at any general meeting of that body. |
| |
|
| |
|
| |
|
(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 |
| 5 |
| |
| |
(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; |
| 10 |
| |
| |
(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 |
| 15 |
| |
and includes any judge or officer of the court exercising the jurisdiction |
| |
| |
“ecclesiastical charity” has the same meaning as in the Local Government |
| |
| 20 |
| |
(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); |
| 25 |
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 |
| 30 |
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; |
| |
| 35 |
(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” |
| 40 |
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 |
| 45 |
accordingly to be read as a reference to the provision of a copy of, or |
| |
extract from, it in legible form. |
| |
|
| |
|
| |
|
(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— |
| |
| |
| 5 |
| 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 |
| |
| |
| |
| 10 |
| |
(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. |
| 15 |
| |
This Act comes into force at the end of the period of 3 months beginning with |
| |
the day on which it is passed. |
| |
| |
(1) | Subject to subsections (2) to (7), this Act extends to England and Wales only. |
| 20 |
(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 |
| |
| |
(b) | extends also to Northern Ireland, but affects the law of Northern |
| |
Ireland only so far as mentioned in section 8. |
| 25 |
(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 |
| 30 |
(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. |
| 35 |
(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)— |
| |
|
| |