Session 2010 - 12
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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

10

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

20

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

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“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

 

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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.

 

20

 

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.

 

25

 

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.

20

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

 

25

 

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)

  

45

  

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

 

25

  

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

 
 

 
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Revised 28 June 2011