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Charities Bill [HL]


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

196

 

(b)   

the application of the proceeds of sale of the whole or any

part of it,

it is under section 61 of the Charities Act 2011 the duty of the church

or religious body owning the land or other trustees of the said land

to make an application for the appropriate relief by way of a

5

scheme.”

Pastoral Measure 1983 (No. 1)

38         

For section 55(1) substitute—

“(1)   

The power of the court (as defined by the Charities Act 2011) to make

schemes under its jurisdiction with respect to charities, and the

10

power of the Charity Commission to make schemes under that Act,

extend to the making of schemes with respect to consecrated chapels

belonging to charities which are no longer needed for the purposes

of the charity, and section 10(2)(c) of that Act shall not be taken as

preventing the making of any such scheme.”

15

39         

In section 63(3), for “the Charities Act 1993” substitute “the Charities Act

2011”.

40         

In section 87(1), in the definition of “charity”, for “section 96 of the Charities

Act 1993” substitute “section 10 of the Charities Act 2011”.

41    (1)  

Amend Schedule 3 as follows.

20

      (2)  

In paragraph 11(6)—

(a)   

for “section 16 of the Charities Act 1993” substitute “section 69 of the

Charities Act 2011”, and

(b)   

for “that section” substitute “sections 69 to 71 of that Act”.

      (3)  

In paragraph 16(1)(e) for “section 16 of the Charities Act 1993” substitute

25

“section 69 of the Charities Act 2011”.

Greater London Council (General Powers) Act 1984 (c. xxvii)

42         

In section 10(2)(n), for “the Charities Act 1993” substitute “the Charities Act

2011”.

Housing Act 1985 (c. 68)

30

43         

In section 6A(5), for “in accordance with section 3A of the Charities Act

1993” substitute “in accordance with section 30 of the Charities Act 2011”.

44         

In section 525, in the definition of “charity trustees”, for “the Charities Act

1993” substitute “the Charities Act 2011”.

Housing Associations Act 1985 (c. 69)

35

45         

In section 10(1), for “sections 36 and 38 of the Charities Act 1993” substitute

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

46         

In section 35(2)(c), 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)”.

40

 
 

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

197

 

Coal Industry Act 1987 (c. 3)

47    (1)  

In section 5(7), for “the Charities Act 1993” substitute “the Charities Act

2011”.

      (2)  

For section 5(8) to (8B) substitute—

“(8)   

Sections 70(1), 71, 73(1) to (6), 74, 88 and 89 of the Charities Act 2011

5

apply in relation to the powers of the Commission and the making of

schemes under this section as they apply in relation to its powers and

the making of schemes under that Act and sections 337 and 339 of

that Act apply to orders and decisions under this section as they

apply to orders and decisions under that Act.

10

(8A)   

The Commission must not proceed under section 73 of that Act (as

applied by subsection (8)) without the same application and notice to

the trustees of the trust in question, as would be required if the

Commission was proceeding under subsection (1); but on any

application made with a view to a scheme under subsection (1) the

15

Commission may proceed under that subsection or under section 73

of that Act (as so applied) as appears to it appropriate.

(8B)   

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

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

made under this section as they apply in relation to an order made

20

under section 69(1) of that Act.”

Reverter of Sites Act 1987 (c. 15)

48         

For section 4(2) and (4) substitute—

“(2)   

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

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

25

made under section 2 above as they apply in relation to an order

made under section 69(1) of that Act, except that the persons who

may bring an appeal against an order made under section 2 above

are—

(a)   

the Attorney General;

30

(b)   

the trustees of the trust established under the order;

(c)   

a beneficiary of, or the trustees of, the trust in respect of

which the application for the order had been made;

(d)   

any person interested in the purposes for which the last-

mentioned trustees or any of their predecessors held the

35

relevant land before the cesser of use in consequence of

which the trust arose under section 1 above;

(e)   

any two or more inhabitants of the locality where that land is

situated;

(f)   

any other person who is or may be affected by the order.

40

(4)   

Sections 337 and 339 of the Charities Act 2011 (supplemental

provisions with respect to orders) apply in relation to orders under

section 2 above as they apply in relation to orders under that Act.”

 
 

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

198

 

Education Reform Act 1988 (c. 40)

49         

In section 124(2)(fa), for “(within the meaning of section 69A of the Charities

Act 1993)” substitute “(within the meaning of Part 11 of the Charities Act

2011)”.

50         

For section 125A substitute—

5

“125A   

  Charitable status of a higher education corporation

A higher education corporation shall be a charity and—

(a)   

an English higher education corporation is, in accordance

with Schedule 3 to the Charities Act 2011, an exempt charity

for the purposes of that Act, and

10

(b)   

a Welsh higher education corporation is, in accordance with

regulations made in compliance with section 31(3) of that

Act, excepted from registration under that Act.”

51         

In section 128(5), for ““charitable purposes” has the same meaning as in the

Charities Act 1993” substitute ““charitable purposes” has the meaning given

15

by section 11 of the Charities Act 2011”.

Copyright, Designs and Patents Act 1988 (c. 48)

52         

In Schedule 6, in paragraph 7(3), for “the Charities Act 1993” substitute “the

Charities Act 2011”.

Imperial College Act 1988 (c. xxiv)

20

53         

In section 10, for ““the Commissioners” and “the court” have the same

meanings as in the Charities Act 1993” substitute ““the Commission” and

“the court” have the same meanings as in the Charities Act 2011”.

54    (1)  

In section 17(1), for “section 22 of the Charities Act 1960” substitute “section

96 of the Charities Act 2011”.

25

      (2)  

In section 17(2)—

(a)   

for “the Commissioners” substitute “the Commission”, and

(b)   

for “the said section 22” substitute “section 96 of the 2011 Act”.

Courts and Legal Services Act 1990 (c. 41)

55         

In Schedule 11, for the entry beginning “Member of the Charity

30

Commission” substitute—

“Member of the Charity Commission appointed as provided in

Schedule 1 to the Charities Act 2011.”

London Local Authorities Act 1991 (c. xiii)

56         

In section 4, in paragraph (d) of the definition of “establishment for special

35

treatment” for “in accordance with section 3A of the Charities Act 1993 or is

not required to be registered (by virtue of subsection (2) of that section)”

substitute “in accordance with section 30 of the Charities Act 2011 or is not

required to be registered (by virtue of subsection (2) of that section)”.

 
 

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

199

 

Further and Higher Education Act 1992 (c. 13)

57         

In section 19(4)(bc), for “(within the meaning of section 69A of the Charities

Act 1993)” substitute “(within the meaning of Part 11 of the Charities Act

2011)”.

58         

For section 22A substitute—

5

“22A    

Charitable status of a further education corporation

A further education corporation shall be a charity (and, in

accordance with Schedule 3 to the Charities Act 2011, is an exempt

charity for the purposes of that Act).”

59         

In section 27(5), for ““charitable purposes” has the same meaning as in the

10

Charities Act 1993” substitute ““charitable purposes” has the meaning given

by section 11 of the Charities Act 2011”.

60         

In section 33F(6)(d), for “(within the meaning of section 69A of the Charities

Act 1993)” substitute “(within the meaning of Part 11 of the Charities Act

2011)”.

15

61         

In section 33M, for “(and, as a result of its inclusion in Schedule 2 to the

Charities Act 1993, is an exempt charity for the purposes of that Act)”

substitute “(and, as a result of its inclusion in Schedule 3 to the Charities Act

2011, is an exempt charity for the purposes of that Act)”.

62         

In section 33N(10), for ““charitable purposes” has the same meaning as in the

20

Charities Act 1993” substitute ““charitable purposes” has the meaning given

by section 11 of the Charities Act 2011”.

63         

In section 69—

(a)   

in subsection (1A), for “section 13 of the Charities Act 2006)”

substitute “section 25 of the Charities Act 2011)”, and

25

(b)   

in subsection (1B), for “section 10A of the Charities Act 1993”

substitute “section 56 or 57 of that Act”.

64         

In section 79A—

(a)   

for “section 13 of the Charities Act 2006)” substitute “section 25 of the

Charities Act 2011)”, and

30

(b)   

for “subsection (2) of that section” substitute “section 26(2) of that

Act”.

Charities Act 1992 (c. 41)

65    (1)  

In section 58(1), in the definition of “company” for “section 97 of the

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

35

      (2)  

In section 58(4), for “as defined by section 2(1) of the Charities Act 2006”

substitute “as defined by section 2(1) of the Charities Act 2011”.

66         

In section 63(2), for “section 3 of the Charities Act 1993” substitute “section

29 of the Charities Act 2011”.

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

40

67         

In section 93(6)(a), for “section 36 of the Charities Act 1993” substitute

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

 
 

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

200

 

Environment Act 1995 (c. 25)

68         

In Schedule 9, in paragraph 15, for “Sections 76 to 78 of the Charities Act

1993” substitute “Sections 294 to 297 of the Charities Act 2011”.

Reserve Forces Act 1996 (c. 14)

69    (1)  

In Schedule 5, in paragraph 2, in the definition of “charity”, for “as it has

5

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

section 1(1) of the Charities Act 2011”.

      (2)  

In paragraph 5 of that Schedule, for sub-paragraphs (2) and (3) substitute—

    “(2)  

An application under this paragraph—

(a)   

may be made at any time within the period of 6 months

10

beginning with the day on which the warrant comes into

force; and

(b)   

is subject to subsections (2) to (5) of section 115 of the

Charities Act 2011 (proceedings not to be begun without

the consent of the Charity Commission or leave of a judge

15

of the High Court),

           

and for the purposes of subsection (5) of that section an

application for an order of the Commission authorising

proceedings under this paragraph is deemed to be refused if it is

not granted during the period of one month beginning with the

20

day on which the application is received by the Commission.

      (3)  

In this paragraph “the court” has the same meaning as in the

Charities Act 2011.”

      (3)  

For paragraph 6 substitute—

“6         

In any case where—

25

(a)   

the Secretary of State requests the Charity Commission to

make provision with respect to any charitable property

which is held for the purposes of a unit of a reserve force

that has been or is to be disbanded, or

(b)   

an order is made under paragraph 4 or 5 excluding any

30

charitable property so held from the operation of

paragraph 3(1),

           

the Commission may, regardless of anything in section 70(2) of the

Charities Act 2011 (limit on jurisdiction to make schemes etc. for

the protection of charities), exercise its jurisdiction under section

35

69 with respect to the property to which the request or order

relates.”

Trusts of Land and Appointment of Trustees Act 1996 (c. 47)

70         

In Schedule 1, in paragraph 4(2)—

(a)   

in paragraph (a), for “section 37(1) nor section 39(1) of the Charities

40

Act 1993” substitute “section 122(2) nor section 125(1) of the Charities

Act 2011”, and

(b)   

in paragraph (b), for “section 37(2) nor section 39(2)” substitute

“section 122(3) nor section 125(2)”.

 
 

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

201

 

Housing Act 1996 (c. 52)

71         

In section 58, for subsection (1) substitute—

“(1)   

In this Part—

(a)   

“trusts”, in relation to a charity, has the same meaning as in

the Charities Act 2011 and “trustee” means a charitable

5

trustee within the meaning of that Act, and

(b)   

“registered charity” means a charity which is registered in

accordance with section 30 of that Act.”

72    (1)  

Amend Schedule 1 as follows.

      (2)  

In paragraph 4(2)(d), for “section 72 of the Charities Act 1993” substitute

10

“section 178 of the Charities Act 2011”.

      (3)  

For paragraph 18(4) substitute—

    “(4)  

The charity must appoint a qualified auditor (“the auditor”) to

audit the accounts prepared in accordance with sub-paragraph (3)

in respect of each period of account in which—

15

(a)   

the charity’s gross income arising in connection with its

housing activities exceeds the sum for the time being

specified in section 144(1)(a) of the Charities Act 2011, or

(b)   

the charity’s gross income arising in that connection

exceeds the accounts threshold and at the end of that

20

period the aggregate value of its assets (before deduction

of liabilities) in respect of its housing activities exceeds the

sum for the time being specified in section 144(1)(b) of that

Act;

           

and in this sub-paragraph “gross income” and “accounts

25

threshold” have the same meanings as in section 144 of that Act.”

      (4)  

In paragraph 18A(2)(b), for “the Charities Act 1993” substitute “the Charities

Act 2011”.

Housing Grants, Construction and Regeneration Act 1996 (c. 53)

73         

In section 95(6), for “but otherwise has the same meaning as in the Charities

30

Act 1993” substitute “but otherwise has the same meaning as it has under

section 10 of the Charities Act 2011”.

Education Act 1996 (c. 56)

74         

In section 537C—

(a)   

in subsection (1)(a), for “section 13 of the Charities Act 2006)”

35

substitute “section 25 of the Charities Act 2011)”, and

(b)   

in subsection (2), for “section 10A of the Charities Act 1993”

substitute “section 56 or 57 of the Charities Act 2011”.

 
 

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

202

 

School Standards and Framework Act 1998 (c. 31)

75    (1)  

In section 23, for subsection (1A) substitute—

“(1A)   

Any body to which subsection (1)(a) or (b) applies is, as a result of its

inclusion in Schedule 3 to the Charities Act 2011, an exempt charity

for the purposes of that Act.”

5

      (2)  

In subsection (3), for “, and is an institution to which section 3A(4)(b) of the

Charities Act 1993 applies” substitute “and is an institution which is to be

treated for the purposes of section 31(3) of the Charities Act 2011 as if that

provision applied to it.”

      (3)  

For subsection (4)(a) substitute—

10

“(a)   

“institution” has the same meaning as in the Charities Act

2011;”.

76         

In section 23A(10), in the definitions of “charity trustee” and “institution”,

for “the Charities Act 1993” substitute “the Charities Act 2011”.

77         

In section 23B(2), for “section 18 of the Charities Act 1993” substitute “section

15

76 or sections 79 to 81 of the Charities Act 2011”.

78         

In Schedule 1, for paragraph 10 substitute—

“10        

An Education Action Forum shall be a charity and is an institution

which is to be treated for the purposes of section 31(3) of the

Charities Act 2011 (institutions required to be excepted from

20

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

79         

In Schedule 22, in paragraph 8A(2)(c), for “removed under subsection (4) of

section 3 of the Charities Act 1993 from the register of charities kept under

that section,” substitute “removed under section 34 of the Charities Act 2011

from the register of charities kept under section 29 of that Act,”.

25

National Institutions Measure 1998 (No. 1)

80    (1)  

In section 3(1), for “Part VI of the Charities Act 1993” substitute “Part 8 of the

Charities Act 2011”.

      (2)  

In section 3(2), for “under subsection (2) of section 43 of that Act to carry out

an audit under that subsection” substitute “under subsection (2) of section

30

144 of that Act to carry out an audit under that subsection”.

      (3)  

In section 3(3), for “Part VI, to have been appointed in pursuance of the said

section 43” substitute “Part 8, to have been appointed in pursuance of the

said section 144”.

Finance Act 1999 (c. 16)

35

81         

In Schedule 19, in paragraph 15—

(a)   

in sub-paragraph (a), for “or section 24 of the Charities Act 1993,”

substitute “, section 24 of the Charities Act 1993 or section 96 of the

Charities Act 2011,” and

(b)   

in sub-paragraph (b), for “or section 25 of the Charities Act 1993”

40

substitute “, section 25 of the Charities Act 1993 or section 100 of the

Charities Act 2011”.

 
 

 
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Revised 28 June 2011