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Institutions with an exemption from the Charitable Trusts Acts 1853 to 1939 |
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1 (1) | Any institution which, if the Charities Act 1960 had not been passed, would |
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be exempted from the powers and jurisdiction, under the Charitable Trusts |
| 5 |
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(a) | the Charity Commissioners for England and Wales, or |
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(b) | the Minister of Education, |
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| (apart from any power of the Commissioners or Minister to apply those Acts |
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in whole or in part to charities otherwise exempt) by the terms of any |
| 10 |
enactment not contained in the Charitable Trusts Acts 1853 to 1939 other |
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than section 9 of the Places of Worship Registration Act 1855. |
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(2) | Sub-paragraph (1) does not include— |
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(a) | any Investment Fund or Deposit Fund within the meaning of the |
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Church Funds Investment Measure 1958, |
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(b) | any investment fund or deposit fund within the meaning of the |
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Methodist Church Funds Act 1960, or |
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(c) | the representative body of the Welsh Church or property |
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2 | The universities of Oxford, Cambridge, London, Durham, Newcastle and |
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3 | King’s College London and Queen Mary and Westfield College in the |
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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— |
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(a) | a university in England, |
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(b) | a university college in England, or |
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(c) | an institution which is connected with a university in England or a |
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university college in England. |
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(2) | Sub-paragraph (1) does not include— |
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(a) | any college in the university of Oxford; |
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(b) | any college or hall in the university of Cambridge or Durham; |
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(3) | For the purposes of this paragraph— |
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(a) | a university or university college is in England if its activities are |
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carried on, or principally carried on, in England; |
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(b) | the Open University is to be treated as a university in England. |
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5 (1) | An English higher education corporation. |
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(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 |
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conducted by that corporation are carried on, or principally carried on, in |
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6 (1) | A successor company to a higher education corporation at a time when the |
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institution conducted by the company is eligible, by virtue of an order made |
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under section 129 of the 1988 Act, to receive support from funds |
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administered by the Higher Education Funding Council for England. |
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(2) | In this paragraph “the 1988 Act” means the Education Reform Act 1988 and |
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“successor company to a higher education corporation” has the meaning |
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given by section 129(5) of the 1988 Act. |
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7 | A further education corporation. |
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8 | A qualifying Academy proprietor (as defined in section 12(2) of the |
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9 | The governing body of any foundation, voluntary or foundation special |
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10 | Any foundation body established under section 21 of the School Standards |
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11 | A sixth form college corporation (within the meaning of the Further and |
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Higher Education Act 1992). |
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12 | The Board of Trustees of the Victoria and Albert Museum. |
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13 | The Board of Trustees of the Science Museum. |
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14 | The Board of Trustees of the Armouries. |
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15 | The Board of Trustees of the Royal Botanic Gardens, Kew. |
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16 | The Board of Trustees of the National Museums and Galleries on |
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17 | The trustees of the British Museum. |
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18 | The trustees of the Natural History Museum. |
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19 | The Board of Trustees of the National Gallery. |
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20 | The Board of Trustees of the Tate Gallery. |
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21 | The Board of Trustees of the National Portrait Gallery. |
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22 | The Board of Trustees of the Wallace Collection. |
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23 | The Trustees of the Imperial War Museum. |
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24 | The Trustees of the National Maritime Museum. |
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25 | The British Library Board. |
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26 | Any registered society within the meaning of the Co-operative and |
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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. |
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27 | Any registered society within the meaning of the Co-operative and |
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Community Benefit Societies and Credit Unions Act 1965, if the society is |
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also registered in the register of social landlords under Part 1 of the Housing |
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28 (1) | Any institution which— |
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(a) | is administered by or on behalf of an institution included in any of |
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paragraphs 1 to 8 and 11 to 25, and |
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(b) | is established for the general purposes of, or for any special purpose |
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of or in connection with, the institution mentioned in paragraph (a). |
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(2) | Sub-paragraph (1) does not include— |
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(a) | any college in the university of Oxford which is administered by or |
| 10 |
on behalf of that university; |
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(b) | any college or hall in the university of Cambridge or Durham which |
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is administered by or on behalf of that university; |
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(3) | Any institution which— |
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(a) | is administered by or on behalf of a body included in paragraph 9 or |
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(b) | is established for the general purposes of, or for any special purpose |
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of or in connection with, that body or any foundation, voluntary or |
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foundation special school or schools. |
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Enlargement of areas of local charities |
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| | | | | | | Any area which includes Greater London. |
| | | | | (i) | Any area in Greater London and not in, or |
| | 25 | | London and not in, or partly |
| partly in, the City of London; |
| | | | | (ii) | the area of Greater London exclusive of the |
| | | | | | | | | | (iii) | any area which includes the area of Greater |
| | | | | London, exclusive of the City of London; |
| | 30 | | | (iv) | any area partly in Greater London and |
| | | | | partly in any adjacent parish or parishes |
| | | | | (civil or ecclesiastical), and not partly in the |
| | | | | | | | | | Any area which includes the district. |
| | 35 | | 4. A Welsh county or county |
| Any area which includes the county or county |
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| | | | | | 5. Any area in a district. |
| (i) | Any area in 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. |
| | | | | (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 | | | | | | | | (iv) | any area partly in the county or county |
| | | | | borough and partly in any adjacent Welsh |
| | | | | county or county borough or in any |
| | | | | | | 15 | | | Any area not extending beyond the parish or |
| | | | ecclesiastical), or two or |
| | | | | more parishes, or an area in a |
| (i) | includes, or include, the area in column 1, |
| | | | parish, or partly in each of |
| | | | | | (ii) | is, or are, adjacent to the area in column 1. |
| | 20 | | 8. In Wales, a community, or |
| Any area not extending beyond the community or |
| | | | two or more communities, or |
| | | | | an area in a community, or |
| (i) | includes, or include, the area in column 1, |
| | | | partly in each of two or more |
| | | | | | (ii) | is, or are, adjacent to the area in column 1. |
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Court’s jurisdiction over certain charities governed by or under statute |
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1 | The court may by virtue of section 68(5) and (6) exercise its jurisdiction with |
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respect to charities in relation to— |
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(a) | charities established or regulated by any provision of the Seamen’s |
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Fund Winding-up Act 1851 repealed by the Charities Act 1960; |
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(b) | charities established or regulated by schemes under the Endowed |
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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 |
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inclosure or any instrument having effect under such an enactment, |
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is vested in trustees upon trust that the land or the rents and profits |
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of the land are to be used for the purpose of providing poor persons |
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(d) | charities established or regulated by any provision of the Municipal |
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Corporations Act 1883 repealed by the Charities Act 1960 or by any |
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scheme having effect under any such provision; |
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(e) | charities regulated by schemes under the London Government Act |
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(f) | charities established or regulated by orders or regulations under |
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section 2 of the Regimental Charitable Funds Act 1935; |
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(g) | charities regulated by sections 298 to 302 or by any such order as is |
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mentioned in section 303. |
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2 | Regardless of anything in section 19 of the Commons Act 1876 a scheme for |
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the administration of a fuel allotment (within the meaning of paragraph 1(c)) |
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(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 |
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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, |
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(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 |
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exchange by the trustees of the allotment, and for the application of |
| |
any money payable to those trustees for equality of exchange, or |
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(c) | for the use of the allotment or any part of it for any purposes |
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| 20 |
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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)) |
| | | | | Decision of the Commission |
| The persons are the trustees of |
| Power to quash the decision |
| | 25 | | not to give a direction under |
| the institution or charity |
| and (if appropriate) remit the |
| | | | section 12(1) or (2) in relation to |
| | matter to the Commission. |
| | | | an institution or a charity. |
| | | | | | Decision of the Commission |
| | Power to quash the decision |
| | | | | | | | 30 | | (a) | to enter or not to enter |
| | (a) | remit the matter to the |
| | | | | | | | | | register of charities, or |
| | (b) | direct the Commission |
| | | | | (b) | (if a body corporate) |
| | | | | | | | | 35 | | | | | | | | | | | | | | | | | | | | | | | | | | Decision of the Commission |
| | 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 |
| | matter to the Commission. |
| | | | to particular information |
| | | | | | contained in the register. |
| | | | | | | (b) | (if a body corporate) |
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