Session 2010 - 12
Internet Publications
Other Bills before Parliament

Charities Bill [HL]


Charities Bill [HL]
Schedule 7 — Consequential amendments
Part 1 — General amendments

189

 
 

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 to

The persons are—

Power to quash the decision

 
 

give or withhold consent under

(a)   

the charity trustees of

and (if appropriate) remit the

 
 

section 42(4) of the Companies

the charitable

matter to the Commission.

 

5

 

Act 2006.

company,

  
  

(b)   

the company itself,

  
  

and

  
  

(c)   

any other person who

  
  

is or may be affected

  

10

  

by the decision.

  
 

Schedule 7

Section 354

 

Consequential amendments

Part 1

General amendments

15

References to the Charitable Uses Act 1601 (c. 4)

1          

A reference in any enactment or document to a charity within the meaning

of the Charitable Uses Act 1601 or the preamble to it is to continue to be

construed as a reference to a charity as defined by section 1(1).

References to the Charity Commissioners for England and Wales

20

2     (1)  

Any enactment or document is to continue to have effect, so far as necessary

in consequence of the transfer effected by section 6(4) of the Charities Act

2006, as if any reference to—

(a)   

the Charity Commissioners for England and Wales, or

(b)   

any Charity Commissioner for England and Wales,

25

           

were a reference to the Charity Commission for England and Wales.

      (2)  

In sub-paragraph (1) “enactment” includes—

(a)   

any provision of subordinate legislation (within the meaning of the

Interpretation Act 1978),

(b)   

a provision of a Measure of the Church Assembly or of the General

30

Synod of the Church of England, and

(c)   

any provision made by or under an Act of the Scottish Parliament or

Northern Ireland legislation.

Application of certain enactments to trust corporations

3     (1)  

In the definition of “trust corporation” contained in the provisions listed in

35

sub-paragraph (2) the reference to a corporation appointed by the court in

any particular case to be a trustee includes a reference to a corporation

appointed by the Commission under this Act to be a trustee.

      (2)  

The provisions are—

(a)   

section 117(1)(xxx) of the Settled Land Act 1925,

40

(b)   

paragraph (18) of section 68(1) of the Trustee Act 1925,

 
 

Charities Bill [HL]
Schedule 7 — Consequential amendments
Part 2 — Particular amendments

190

 

(c)   

section 205(1)(xxviii) of the Law of Property Act 1925,

(d)   

section 55(1)(xxvi) of the Administration of Estates Act 1925, and

(e)   

section 128 of the Senior Courts Act 1981 (c. 54).

      (3)  

This paragraph is to be treated as always having had effect.

      (4)  

In sub-paragraph (2), the reference to section 128 of the Senior Courts Act

5

1981 is to be read—

(a)   

in relation to any time before 1 January 1982, as a reference to section

175(1) of the Supreme Court of Judicature (Consolidation) Act 1925,

and

(b)   

in relation to any time on or after that date but before the day on

10

which paragraph 1(2) of Schedule 11 to the Constitutional Reform

Act 2005 came into force, as a reference to section 128 of the Supreme

Court Act 1981 (c. 54).

Part 2

Particular amendments

15

Literary and Scientific Institutions Act 1854 (c. 112)

4     (1)  

In section 6, for “except with the consent of the Charity Commission or in

accordance with such provisions of section 36(2) to (8) of the Charities Act

1993 as are applicable” substitute “except with the consent of the Charity

Commission or in accordance with such provisions of sections 117(2) and

20

119 to 121 of the Charities Act 2011 as are applicable”.

      (2)  

This paragraph does not extend to Northern Ireland.

Places of Worship Registration Act 1855 (c. 81)

5     (1)  

In section 9(1)—

(a)   

for “shall, so far as it is a charity, be treated for the purposes of section

25

3A(4)(b) of the Charities Act 1993 (institutions to be excepted from

registration under that Act) as if that provision applied to it”

substitute “is, so far as it is a charity, to be treated for the purposes of

section 31(3) of the Charities Act 2011 (institutions required to be

excepted from registration under that Act) as if that provision

30

applied to it”, and

(b)   

paragraph (b) continues to have effect with the substitution, for

“Charity Commissioners” of “Charity Commission”.

      (2)  

For section 9(2) substitute—

“(2)   

Section 337 of the 2011 Act (provisions as to orders under that Act)

35

applies to any order under subsection (1)(b) as it applies to orders

under that Act.”

Places of Worship Sites Amendment Act 1882 (c. 21)

6          

In section 1(d) for “except with the consent of the Charity Commission or in

accordance with such provisions of section 36(2) to (8) of the Charities Act

40

1993 as are applicable” substitute “except with the consent of the Charity

Commission or in accordance with such provisions of sections 117(2) and

119 to 121 of the Charities Act 2011 as are applicable”.

 
 

Charities Bill [HL]
Schedule 7 — Consequential amendments
Part 2 — Particular amendments

191

 

Technical and Industrial Institutions Act 1892 (c. 29)

7          

In section 9(1), for “with the consent of the Charity Commission or in

accordance with such provisions of section 36(2) to (8) of the Charities Act

1993 as are applicable” substitute “with the consent of the Charity

Commission or in accordance with such provisions of sections 117(2) and

5

119 to 121 of the Charities Act 2011 as are applicable”.

Open Spaces Act 1906 (c. 25)

8     (1)  

In section 4(1A)(b), for “section 36(2) to (8) of the Charities Act 1993”

substitute “sections 117(2) and 119 to 121 of the Charities Act 2011”.

      (2)  

For section 4(4) substitute—

10

“(4)   

Section 337 of the Charities Act 2011 (provisions as to orders under

that Act) applies to any order of the Charity Commission under this

section as it applies to orders made by it under that Act.”

      (3)  

This paragraph does not extend to Northern Ireland.

New Parishes Measure 1943 (No. 1)

15

9     (1)  

For section 14(1)(b) substitute—

“(b)   

any trustees for charitable purposes but (except in the case of

an exempt charity within the meaning of the Charities Act

2011) only—

(i)   

with the sanction of an order of the Charity

20

Commission, or

(ii)   

in accordance with such provisions of sections 117(2)

and 119 to 121 of the Charities Act 2011 as are

applicable;”.

      (2)  

For section 14(4) substitute—

25

“(4)   

Section 337 of the Charities Act 2011 (provisions as to orders under

that Act) applies to any order under subsection (1)(b) as it applies to

orders under that Act.”

10         

In section 31, for “the Charities Act 1993” substitute “section 10 of the

Charities Act 2011”.

30

London County Council (General Powers) Act 1947 (c. xlvi)

11         

For section 6(3) substitute—

“(3)   

In relation to any disposition of land falling within section 117(1) of

the Charities Act 2011, the Council or the borough council may,

instead of acting with the sanction of an order of the court or of the

35

Charity Commission, make the disposition in accordance with such

provisions of sections 117(2) and 119 to 121 of that Act as are

applicable.”

 
 

Charities Bill [HL]
Schedule 7 — Consequential amendments
Part 2 — Particular amendments

192

 

London County Council (General Powers) Act 1955 (c. xxix)

12         

For section 34(3) substitute—

“(3)   

In relation to any disposition of land falling within section 117(1) of

the Charities Act 2011, the Council may, instead of acting with the

sanction of an order of the court or of the Charity Commission, make

5

the disposition in accordance with such provisions of sections 117(2)

and 119 to 121 of that Act as are applicable.”

Incumbents and Churchwardens (Trusts) Measure 1964 (No. 2)

13         

In section 1, in the definition of “permanent trusts” for “section 96(3) of the

Charities Act 1993” substitute “section 353(3) of the Charities Act 2011”.

10

Co-operative and Community Benefit Societies and Credit Unions Act 1965 (c. 12)

14         

In sections 5A(7)(a) and 7D(5)(a), for “as it has under section 1(1) of the

Charities Act 2006” substitute “as it has under section 1(1) of the Charities

Act 2011”.

Leasehold Reform Act 1967 (c. 88)

15

15         

In section 23(4), for “section 36 of the Charities Act 1993” substitute “sections

117 to 121 of the Charities Act 2011”.

Co-operative and Community Benefit Societies and Credit Unions Act 1968 (c. 55)

16         

In section 4A(6), for “as defined by section 1(1) of the Charities Act 2006,”

substitute “as defined by section 1(1) of the Charities Act 2011,”.

20

Redundant Churches and other Religious Buildings Act 1969 (c. 22)

17    (1)  

In section 4, for subsections (6) to (8A) substitute—

“(6)   

The Charity Commission may, on the application of the acquirer of

the relevant premises, by order establish a scheme under section 69

of the Charities Act 2011 (Commission’s concurrent jurisdiction with

25

the High Court for certain purposes) making provision for the

restoration of the relevant premises, or part of them, to use as a place

of public worship.

(7)   

The Charity Commission may so establish any such scheme

notwithstanding—

30

(a)   

anything in section 70(2) of that Act, or

(b)   

that the relevant charity has ceased to exist;

   

and if the relevant charity has ceased to exist, any such scheme may

provide for the constitution of a charity by or in trust for which the

relevant premises are to be held on the restoration of those premises,

35

or part of them, to use as a place of public worship.

(8)   

The Charity Commission has the same jurisdiction and powers in

relation to the establishment of a scheme under subsection (2) above

as it has under the provisions of sections 69 to 71 of the Charities Act

2011 (except section 70(4) and (5)) in relation to the establishment of

40

a scheme for the administration of a charity; and section 88 of that

 
 

Charities Bill [HL]
Schedule 7 — Consequential amendments
Part 2 — Particular amendments

193

 

Act (publicity relating to schemes) accordingly has effect in relation

to the establishment of a scheme under subsection (2) above as it has

effect in relation to the establishment of a scheme for the

administration of a charity.

(8A)   

Chapter 2 of Part 17 of, and Schedule 6 to, the Charities Act 2011

5

(appeals and applications to Tribunal) apply in relation to an order

made by virtue of subsection (8) above as they apply in relation to an

order made under section 69(1) of that Act.”

      (2)  

In section 4(13), for the definition of “charity” substitute—

““charity” has the meaning given by section 10 of the Charities

10

Act 2011”.

      (3)  

In section 4(13), for the definition of “the court” substitute—

““the court” has the same meaning as in the Charities Act 2011;”.

18         

In section 7, for subsection (2) substitute—

“(2)   

Nothing in this Act affects—

15

(a)   

any power of the court (within the meaning of the Charities

Act 2011) or the Charity Commission to establish a scheme

for the administration of a charity, or

(b)   

the power of the Charity Commission under section 105 of

that Act to authorise dealings with trust property.”

20

Sharing of Church Buildings Act 1969 (c. 38)

19         

In section 2(4), for “the Charities Act 1993” substitute “the Charities Act

2011”.

20    (1)  

In section 8(1), for “the Charities Act 1993” substitute “the Charities Act

2011”.

25

      (2)  

In section 8(2), for “section 96(2) of the Charities Act 1993” substitute “section

10(2) to (4) of the Charities Act 2011”.

      (3)  

In section 8(3), for “Section 36 of the Charities Act 1993 (restrictions on

dispositions of charity land)” substitute “Sections 117 to 121 of the Charities

Act 2011 (restrictions on dispositions of charity land)”.

30

Synodical Government Measure 1969 (No. 2)

21    (1)  

Amend Schedule 3 as follows.

      (2)  

In Rule 46A(a), for “section 72(1) of the Charities Act 1993 and the

disqualification is not for the time being subject to a general waiver by the

Charity Commission under subsection (4) of that section or to a waiver by it

35

under that subsection” substitute “section 178 of the Charities Act 2011 and

the disqualification is not for the time being subject to a general waiver by

the Charity Commission under section 181 of that Act or to a waiver by it

under that section”.

      (3)  

In Rule 54(1)—

40

(a)   

in the definition of “auditor”, for “section 43(2) of the Charities Act

1993” substitute “section 144(2) of the Charities Act 2011”, and

 
 

Charities Bill [HL]
Schedule 7 — Consequential amendments
Part 2 — Particular amendments

194

 

(b)   

in the definition of “independent examiner”, for “Section 43(3)(a) of

the Charities Act 1993” substitute “section 145(1)(a) of the Charities

Act 2011”.

      (4)  

In Section 4 of Appendix I, in Note 3, for “section 72(1) of the Charities Act

1993 and the disqualification is not for the time being subject to a general

5

waiver by the Charity Commission under subsection (4) of that section or to

a waiver by it under that subsection” substitute “section 178 of the Charities

Act 2011 and the disqualification is not for the time being subject to a general

waiver by the Charity Commission under section 181 of that Act or to a

waiver by it under that section”.

10

      (5)  

In Section 6 of Appendix I, in the Note, for “section 72(1) of the Charities Act

1993 and the disqualification is not for the time being subject to a general

waiver by the Charity Commission under subsection (4) of that section or to

a waiver by it under that subsection” substitute “section 178 of the Charities

Act 2011 and the disqualification is not for the time being subject to a general

15

waiver by the Charity Commission under section 181 of that Act or to a

waiver by it under that section”.

      (6)  

In Appendix II, in paragraph 16, “the Charity Commission for an order for

directions pursuant to section 44(2) of the Charities Act 1993” substitute “the

Charity Commission for an order for directions pursuant to section 155 of

20

the Charities Act 2011”.

Local Government Act 1972 (c. 70)

22         

In section 11(3)(c), for “section 79 of the Charities Act 1993 (parochial

charities)” substitute “sections 298 to 303 of the Charities Act 2011 (parochial

charities)”.

25

23         

In section 27F(6), for “section 79 of the Charities Act 1993 (parochial

charities)” substitute “sections 298 to 303 of the Charities Act 2011 (parochial

charities)”.

24         

In section 27H(6), for “section 79 of the Charities Act 1993 (parochial

charities)” substitute “sections 298 to 303 of the Charities Act 2011 (parochial

30

charities)”.

25         

In section 29(6), for “section 79 of the Charities Act 1993 (parochial charities)”

substitute “sections 298 to 303 of the Charities Act 2011 (parochial charities)”.

26         

In section 127(4) for “the Charities Act 1993” substitute “the Charities Act

2011”.

35

27         

In section 131(3)—

(a)   

for “section 36 of the Charities Act 1993 (restrictions on disposition of

charity land)” substitute “sections 117 to 121 of the Charities Act 2011

(restrictions on dispositions of charity land)”, and

(b)   

for “section 36(9)(a) of that Act (certain statutorily authorised

40

transactions not to require the sanction of the Charity Commission)”

substitute “section 117(3)(a) (certain statutorily authorised

dispositions not to require the sanction of the Charity Commission)”.

28         

In Schedule 12A, for paragraphs 8(f) and 19(f) substitute—

“(f)   

the Charities Act 2011.”

45

 
 

Charities Bill [HL]
Schedule 7 — Consequential amendments
Part 2 — Particular amendments

195

 

Consumer Credit Act 1974 (c. 39)

29         

In section 189(1), in the definition of “charity”, for “the Charities Act 1993”

substitute “the Charities Act 2011”.

Friendly Societies Act 1974 (c. 46)

30         

In section 32A(6), for “as defined by section 1(1) of the Charities Act 2006,”

5

substitute “as defined by section 1(1) of the Charities Act 2011,”.

House of Commons Disqualification Act 1975 (c. 24)

31         

Part 2 of Schedule 1 continues to include, at the appropriate place—

“The Charity Commission.”

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

10

32         

Part 2 of Schedule 1 continues to include, at the appropriate place—

“The Charity Commission.”

Theatres Trust Act 1976 (c. 27)

33         

In section 2(2)(d), for “sections 36 and 38 of the Charities Act 1993” substitute

“sections 117 to 121 and 124 of the Charities Act 2011”.

15

Endowments and Glebe Measure 1976 (No. 4)

34         

In section 11(2), for “the Charity Commission or in accordance with such

provisions of section 36(2) to (8) of the Charities Act 1993 as are applicable”

substitute “the Charity Commission or in accordance with such provisions

of sections 117(2) and 119 to 121 of the Charities Act 2011 as are applicable”.

20

Interpretation Act 1978 (c. 30)

35         

In Schedule 1, for the definition of “Charity Commission” substitute—

““Charity Commission” means the Charity Commission for

England and Wales (see section 13 of the Charities Act 2011).”

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

25

36         

In section 49(3), for “the Charities Act 1993” substitute “the Charities Act

2011”.

Disused Burial Grounds (Amendment) Act 1981 (c. 18)

37         

For section 6 substitute—

“6      

Saving for Charity Commission

30

Nothing in this Act affects the charitable jurisdiction of the High

Court or the Charity Commission and in particular, in the absence of

appropriate provisions in the governing instrument of the charity

concerning—

(a)   

the future use of the said land, or

35

 
 

 
previous section contents continue
 

© Parliamentary copyright
Revised 28 June 2011