Charities Bill [HL]

Session 2010 - 12
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Other Bills before Parliament

Charities Bill [HL]

Charities Bill [HL]
Schedule 3 — Exempt charities
175

Schedule 3
Section 22

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
be exempted from the powers and jurisdiction, under the Charitable Trusts
5
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
in whole or in part to charities otherwise exempt) by the terms of any
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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
Church Funds Investment Measure 1958,
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(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.
Educational institutions
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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)
Any of the following, if Her Majesty declares it by Order in Council to be an
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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
university college in England.
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      (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)
For the purposes of this paragraph—
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(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)
For the purposes of this paragraph a higher education corporation is an
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English higher education corporation if the activities of the institution
conducted by that corporation are carried on, or principally carried on, in
England.

Charities Bill [HL]
Schedule 3 — Exempt charities
176

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)
In this paragraph “the 1988 Act” means the Education Reform Act 1988 and
5
“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
Academies Act 2010).
10
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
A sixth form college corporation (within the meaning of the Further and
15
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
The Board of Trustees of the Armouries.
20
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
The trustees of the Natural History Museum.
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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
The Trustees of the Imperial War Museum.
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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
Community Benefit Societies and Credit Unions Act 1965, if the society is
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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

Charities Bill [HL]
Schedule 4 — Enlargement of areas of local charities
177

also registered in the register of social landlords under Part 1 of the Housing
Act 1996.
Connected institutions
28    (1)
Any institution which—
(a)
is administered by or on behalf of an institution included in any of
5
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)
any college in the university of Oxford which is administered by or
10
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)
Any institution which—
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(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
foundation special school or schools.
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Schedule 4
Section 62

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
(i)
Any area in Greater London and not in, or

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London and not in, or partly
partly in, the City of London;

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

London, exclusive of the City of London;

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(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.

3. A district.
Any area which includes the district.

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4. A Welsh county or county
Any area which includes the county or county

borough.
borough.

Charities Bill [HL]
Schedule 5 — Court’s jurisdiction over certain charities governed by or under statute
178

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)
any area partly in the district and partly in

5

any adjacent district or in any adjacent

Welsh county or county borough.

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

county or county borough.
(ii)
the county or county borough;

(iii)
any area which includes the county or

10

county borough;

(iv)
any area partly in the county or county

borough and partly in any adjacent Welsh

county or county borough or in any

adjacent district.

15

7. A parish (civil or
Any area not extending beyond the parish or

ecclesiastical), or two or
parishes which—

more parishes, or an area in a
(i)
includes, or include, the area in column 1,

parish, or partly in each of
or

two or more parishes.
(ii)
is, or are, adjacent to the area in column 1.

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8. In Wales, a community, or
Any area not extending beyond the community or

two or more communities, or
communities which—

an area in a community, or
(i)
includes, or include, the area in column 1,

partly in each of two or more
or

communities.
(ii)
is, or are, adjacent to the area in column 1.

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Schedule 5
Section 68

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)
charities established or regulated by any provision of the Seamen’s
30
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
Act 1973 or section 554 of the Education Act 1996;
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(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
with fuel;
40
(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;

Charities Bill [HL]
Schedule 6 — Appeals and applications to Tribunal
179

(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)
charities regulated by sections 298 to 302 or by any such order as is
5
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)
for the sale or letting of the allotment or any part of it, for the
10
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)
for the exchange of the allotment or any part of it for other land, for
15
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
specified in the scheme.
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Schedule 6
Sections 319, 321, 323 and 324

Appeals and applications to Tribunal

1 Decision, direction or order
2 Appellants/applicants (see
3 Tribunal powers if appeal or

sections 319(2)(b) and 321(2)(b))
application allowed

Decision of the Commission
The persons are the trustees of
Power to quash the decision

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not to give a direction under
the institution or charity
and (if appropriate) remit the

section 12(1) or (2) in relation to
concerned.
matter to the Commission.

an institution or a charity.

Decision of the Commission
The persons are—
Power to quash the decision

under section 30 or 34—
(a)
the persons who are
and (if appropriate)—

30

(a)
to enter or not to enter
or claim to be the
(a)
remit the matter to the

an institution in the
charity trustees of the
Commission;

register of charities, or
institution,
(b)
direct the Commission

(b)
to remove or not to
(b)
(if a body corporate)
to rectify the register.

remove an institution
the institution itself,

35

from the register.
and

(c)
any other person who

is or may be affected

by the decision.

Decision of the Commission
The persons are—
Power to quash the decision

40

not to make a determination
(a)
the charity trustees of
and (if appropriate) remit the

under section 38(3) in relation
the charity to which
matter to the Commission.

to particular information
the information

contained in the register.
relates,

(b)
(if a body corporate)

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the charity itself, and

(c)
any other person who

is or may be affected

by the decision.

Charities Bill [HL]
Schedule 6 — Appeals and applications to Tribunal
180

1 Decision, direction or order
2 Appellants/applicants (see
3 Tribunal powers if appeal or

sections 319(2)(b) and 321(2)(b))
application allowed

Direction given by the
The persons are—
Power to—

Commission under section 42
(a)
the charity trustees of
(a)
quash the direction

requiring the name of a charity
the charity to which
and (if appropriate)

5

to be changed.
the direction relates,
remit the matter to the

(b)
(if a body corporate)
Commission;

the charity itself, and
(b)
substitute for the

(c)
any other person who
direction any other

is or may be affected
direction which could

10

by the direction.
have been given by

the Commission.

Decision of the Commission to
The persons are—
Power to direct the

institute an inquiry under
(a)
the persons who have
Commission to end the inquiry.

section 46 with regard to a
control or

15

particular institution.
management of the

institution, and

(b)
(if a body corporate)

the institution itself.

Decision of the Commission to
The persons are—
Power to—

20

institute an inquiry under
(a)
the persons who have
(a)
direct the Commission

section 46 with regard to a class
control or
that the inquiry

of institutions.
management of any
should not consider a

institution which is a
particular institution;

member of the class of
(b)
direct the Commission

25

institutions, and
to end the inquiry.

(b)
(if a body corporate)

any such institution.

Order made by the
The persons are any person
Power to—

Commission under section 52
who is required to supply the
(a)
quash the order;

30

requiring a person to supply
information or document.
(b)
substitute for all or

information or a document.

part of the order any

other order which

could have been made

by the Commission.

35

Order made by the
The persons are—
Power to—

Commission under section
(a)
in a section 69(1)(a)
(a)
quash the order in

69(1) (including such an order
case, the charity
whole or in part and

made by virtue of section
trustees of the charity
(if appropriate) remit

92(2)).
to which the order
the matter to the

40

relates or (if a body
Commission;

corporate) the charity
(b)
substitute for all or

itself,
part of the order any

(b)
in a section 69(1)(b)
other order which

case, any person
could have been made

45

discharged or
by the Commission;

removed by the order,
(c)
add to the order

and
anything which could

(c)
any other person who
have been contained

is or may be affected
in an order made by

50

by the order.
the Commission.

Charities Bill [HL]
Schedule 6 — Appeals and applications to Tribunal
181

1 Decision, direction or order
2 Appellants/applicants (see
3 Tribunal powers if appeal or

sections 319(2)(b) and 321(2)(b))
application allowed

Order made by the
The persons are—
Power to—

Commission under section
(a)
the charity trustees of
(a)
quash the order in

76(3) in relation to a charity.
the charity,
whole or in part and

5

(b)
(if a body corporate)
(if appropriate) remit

the charity itself,
the matter to the

(c)
in a section 76(3)(a)
Commission;

case, any person
(b)
substitute for all or

suspended by the
part of the order any

10

order, and
other order which

(d)
any other person who
could have been made

is or may be affected
by the Commission;

by the order.
(c)
add to the order

anything which could

15

have been contained

in an order made by

the Commission.

Decision of the Commission—
The persons are—
Power to—

(a)
to discharge an order
(a)
the charity trustees of
(a)
quash the decision

20

following a review
the charity to which
and (if appropriate)

under section 76(6), or
the order relates,
remit the matter to the

(b)
not to discharge an
(b)
(if a body corporate)
Commission;

order following such a
the charity itself,
(b)
make the discharge of

review.
(c)
if the order in
the order subject to

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question was made
savings or other

under section 76(3)(a),
transitional

any person suspended
provisions;

by it, and
(c)
remove any savings or

(d)
any other person who
other transitional

30

is or may be affected
provisions to which

by the order.
the discharge of the

order was subject;

(d)
discharge the order in

whole or in part

35

(whether subject to

any savings or other

transitional provisions

or not).

Order made by the
The persons are—
Power to—

40

Commission under section
(a)
the charity trustees of
(a)
quash the order in

79(2) in relation to a charity.
the charity,
whole or in part and

(b)
(if a body corporate)
(if appropriate) remit

the charity itself,
the matter to the

(c)
in a section 79(2)(a)
Commission;

45

case, any person
(b)
substitute for all or

removed by the order,
part of the order any

and
other order which

(d)
any other person who
could have been made

is or may be affected
by the Commission;

50

by the order.
(c)
add to the order

anything which could

have been contained

in an order made by

the Commission.

55