Charities Bill [HL]

Session 2010 - 12
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Other Bills before Parliament

Charities Bill [HL]

Charities Bill [HL]
Schedule 7 — Consequential amendments
Part 2 — Particular amendments
203

Cathedrals Measure 1999 (No. 1)
82
In section 4(4), for “section 72(1) of the Charities Act 1993” substitute “section
178 of the Charities Act 2011”.
83
In section 15(1), in paragraph (iii) of the proviso, for “section 36 of the
Charities Act 1993,” substitute “sections 117 to 121 of the Charities Act
5
2011,”.
84
In section 27(1), for “section 43 of the Charities Act 1993” substitute “section
144 of the Charities Act 2011”.
85
In section 34, for “same meaning as in the Charities Act 1993” substitute
“meaning given by section 10 of the Charities Act 2011”.
10
Financial Services and Markets Act 2000 (c. 8)
86
In Schedule 11A, in paragraph 7(2)(a), for the words from “within the
meaning of—” to “(ii)” substitute “—
(i)
as defined by section 1(1) of the Charities Act 2011,
or
15
(ii)
within the meaning of”.
87
In Schedule 11B, in paragraph 12(4)(b), for “or section 24 or 25 of the
Charities Act 1993 (c. 10)” substitute “section 24 or 25 of the Charities Act
1993 or section 96 or 100 of the Charities Act 2011”.
Learning and Skills Act 2000 (c. 21)
20
88
In section 143(6)(d), for “the Charities Act 1993)” substitute “the Charities
Act 2011)”.
Trustee Act 2000 (c. 29)
89
In section 38—
(a)
in paragraph (a), for “section 24 of the Charities Act 1993” substitute
25
“section 96 of the Charities Act 2011”, and
(b)
in paragraph (b), for “section 25” substitute “section 100”.
90
In section 39(1)—
(a)
in the definition of “charitable purposes”, for “has the same meaning
as in the Charities Act 1993” substitute “has the meaning given by
30
section 11 of the Charities Act 2011”, and
(b)
in the definition of “exempt charity” for “the Charities Act 1993”
substitute “the Charities Act 2011”.
Criminal Justice and Court Services Act 2000 (c. 43)
91
In section 42(1), for ““charity trustee” has the same meaning as in the
35
Charities Act 1993” substitute ““charity trustee” has the same meaning as in
the Charities Act 2011”.

Charities Bill [HL]
Schedule 7 — Consequential amendments
Part 2 — Particular amendments
204

Criminal Justice and Police Act 2001 (c. 16)
92
In Part 1 of Schedule 1, for paragraph 56A and its heading substitute—
“Charities Act 2011
56A
The power of seizure conferred by section 48(3) of the Charities
Act 2011 (seizure of material for the purposes of an inquiry under
5
section 46 of that Act).”
Churchwardens Measure 2001 (No. 1)
93
In section 2(1), for “under section 72(1) of the Charities Act 1993 (c 10) 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
10
by it under that subsection” substitute “under 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”.
Land Registration Act 2002 (c. 9)
15
94
In section 4(1)(aa), for “section 83 of the Charities Act 1993” substitute
“section 334 of the Charities Act 2011”.
Licensing Act 2003 (c. 17)
95
In section 16(3), omit the definition of “charity”.
96
In Schedule 2, for paragraph 5(4) substitute—
20
    “(4)
In sub-paragraph (1)(d) “registered charity” means--
(a)
a charity which is registered in accordance with section 30
of the Charities Act 2011, or
(b)
a charity which by virtue of subsection (2) of that section is
not required to be so registered.”
25
Higher Education Act 2004 (c. 8)
97
In section 40—
(a)
in subsection (1A), for “section 13 of the Charities Act 2006)”
substitute “section 25 of the Charities Act 2011)”,
(b)
in subsection (1B), for “section 10A of the Charities Act 1993”
30
substitute “section 56 or 57 of the Charities Act 2011”, and
(c)
in subsection (3) for “section 13 of the Charities Act 2006)” substitute
“section 25 of the Charities Act 2011)”.
Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27)
98
In section 54C(3), for ““exempt charity” has the same meaning as in the
35
Charities Act 1993 (see section 96 of that Act)” substitute ““exempt charity”
has the same meaning as in the Charities Act 2011 (see section 22 of that
Act).”

Charities Bill [HL]
Schedule 7 — Consequential amendments
Part 2 — Particular amendments
205

99
In section 63(1), in the definition of “English charity” for “as defined by
section 1(1) of the Charities Act 2006” substitute ““as defined by section 1(1)
of the Charities Act 2011”.
100
In Schedule 3, for paragraph 4 substitute—
“4
The person appointed to chair the Charity Commission may make
5
available to the Regulator, to assist in the exercise of the
Regulator’s functions—
(a)
any other member of the Commission appointed under
paragraph 1(1) of Schedule 1 to the Charities Act 2011, or
(b)
any member of staff of the Commission appointed under
10
paragraph 5(1) of that Schedule.”
Pensions Act 2004 (c. 35)
101
In Schedule 3, for the entry relating to the Charity Commission substitute—

“The Charity Commission
Functions under the Charities Act 2006 or

the Charities Act 2011.”

15
102
In Schedule 8, for the entry relating to the Charity Commission substitute—

“The Charity Commission
Functions under the Charities Act 2006 or

the Charities Act 2011.”

Serious Organised Crime and Police Act 2005 (c. 15)
103
In section 146(3)(b), for “charity trustee (within the meaning of the Charities
20
Act 1993 (c. 10))” substitute “charity trustee (within the meaning of the
Charities Act 2011)”.
Education Act 2005 (c. 18)
104
In section 92(5), for “section 13 of the Charities Act 2006)” substitute “section
25 of the Charities Act 2011)”.
25
Gambling Act 2005 (c. 19)
105
In section 19(2)(a), for “purposes which are exclusively charitable according
to the law of England and Wales” substitute “purposes which are exclusively
charitable purposes (as defined by section 2 of the Charities Act 2011)”.
Charities and Trustee Investment (Scotland) Act 2005 (asp 10)
30
106
In section 36(1), for paragraphs (a) and (b) substitute—
“(a)
which is registered as a charity in England and Wales in
accordance with section 30 of the Charities Act 2011, or
(b)
which, by virtue of subsection (2) of that section, is not
required to register as a charity under that section.”
35

Charities Bill [HL]
Schedule 7 — Consequential amendments
Part 2 — Particular amendments
206

107
In section 69(2)(d)(i), after “Wales under” insert “section 79(2)(a) of the
Charities Act 2011 or” and for “18(2)(i) of that Act” substitute “18(2)(i) of the
1993 Act”.
108
In section 96(3), for “sections 24 and 25 of the Charities Act 1993 (c. 10)”
substitute “sections 96 and 100 of the Charities Act 2011”.
5
Natural Environment and Rural Communities Act 2006 (c. 16)
109
In section 81(2)(h), for “section 13 of the Charities Act 2006)” substitute
“section 25 of the Charities Act 2011)”.
Education and Inspections Act 2006 (c. 40)
110
In Schedule 2, in paragraph 10(2)(b), for “charity trustee (within the meaning
10
of the Charities Act 1993 (c. 10))” substitute “charity trustee (within the
meaning of the Charities Act 2011)”.
National Health Service Act 2006 (c. 41)
111
In section 217(5), for “the court (as defined in the Charities Act 1993 (c. 10))”
substitute “the court (as defined in the Charities Act 2011)”.
15
National Health Service (Wales) Act 2006 (c. 42)
112
In section 165(5), for “the court (as defined in the Charities Act 1993 (c. 10))”
substitute “the court (as defined in the Charities Act 2011)”.
Companies Act 2006 (c. 46)
113
In section 21(2)(a), for “section 64 of the Charities Act 1993 (c. 10)” substitute
20
“sections 197 and 198 of the Charities Act 2011”.
114
In section 31(4)(a), for “section 64 of the Charities Act 1993 (c. 10)” substitute
“sections 197 and 198 of the Charities Act 2011”.
115
In—
(a)
section 1140(2)(c)(ii), and
25
(b)
section 1154(1)(b) and (2)(b),

for “section 18 of the Charities Act 1993 (c. 10)” substitute “section 76 of the
Charities Act 2011”.
116
In Schedule 1, in paragraph 6(4)(b) for “or section 24 or 25 of the Charities
Act 1993 (c. 10),” substitute “, section 24 or 25 of the Charities Act 1993 or
30
section 96 or 100 of the Charities Act 2011,”.
Safeguarding Vulnerable Groups Act 2006 (c. 47)
117
In Schedule 4, in—
(a)
paragraph 4(7) and
(b)
paragraph 8(6),
35

for ““charity trustee” has the same meaning as in the Charities Act 1993
(c. 10)” substitute ““charity trustee” has the same meaning as in the Charities
Act 2011”.

Charities Bill [HL]
Schedule 7 — Consequential amendments
Part 2 — Particular amendments
207

Charities Act 2006 (c. 50)
118
In section 54(2), for “section 9 of the 1993 Act” substitute “section 52 of the
Charities Act 2011”.
119
In section 72(3), for “section 10(2) to (4) of the 1993 Act” substitute “section
55 of the Charities Act 2011”.
5
120   (1)
In section 73(5)(b), for “the appointed day (within the meaning of section 10
of this Act)” substitute “31 January 2009”.
      (2)
After section 73(5) insert—
“(6)
This section has effect, in relation to any time occurring on or after
the commencement of the Charities Act 2011 as if—
10
(a)
the reference in subsection (1) to the operation of this Act
included (in relation to provisions of this Act repealed and re-
enacted by the 2011 Act) a reference to the operation of the
2011 Act,
(b)
the reference in subsection (2)(a) to the effect of the Act
15
included (in relation to provisions of this Act repealed and re-
enacted by the 2011 Act) a reference to the effect of the 2011
Act, and
(c)
the reference in subsection (5)(a) to paragraph (b) or (c) of
section 3A(2) of the 1993 Act (as amended by section 9 of this
20
Act) were a reference to paragraph (b) or (c) of section 30(2)
of the 2011 Act.”
121   (1)
In section 74(4), omit—
(a)
paragraphs (a) and (b), and
(b)
in paragraph (e), “76 or”.
25
      (2)
In section 74(5), omit “(a), (b),”.
      (3)
Omit section 74(6).
122
Omit section 76.
123   (1)
In section 78(2)—
(a)
omit paragraph (a);
30
(b)
in paragraph (b), for “(in accordance with section 2(6)) the meaning
given by section 2(1)” substitute “(in accordance with section 2(2) of
the Charities Act 2011) the meaning given by section 2(1) of that Act”;
(c)
in paragraph (c), for “the 1993 Act” substitute “that Act”;
(d)
omit the words following paragraph (c).
35
      (2)
Omit section 78(3).
      (3)
In section 78(4)(c), omit “6(5) or”.
124
In section 79(1), omit—
(a)
paragraph (a), and
(b)
in paragraph (g), the words from “paragraph 104” to “paragraph
40
174(d)”.
125
In section 80—

Charities Bill [HL]
Schedule 7 — Consequential amendments
Part 2 — Particular amendments
208

(a)
omit subsections (3)(a), (b) and (d) (but not the “and” following it),
(4), (5)(a) to (c) and (e) (but not the “and” following it), (6) and (8),
(b)
in subsections (3)(e) and (5)(f), for “76” substitute “77”, and
(c)
in subsection (9)—
(i)
omit “also” and paragraph (a) (together with the “or”
5
following it), and
(ii)
in paragraph (b), for “those” substitute “the amendments”.
Income Tax Act 2007 (c. 3)
126   (1)
Amend section 558 as follows.
      (2)
Under the heading “Type 2”, for “or” preceding paragraph (c) substitute—
10
“(bb)
section 96 of the Charities Act 2011, or”.
      (3)
Under the heading “Type 3”, omit “or” preceding paragraph (b) and at the
end of paragraph (b) insert “or
(c)
section 100 of the Charities Act 2011.”
Legal Services Act 2007 (c. 29)
15
127
In section 194(9)(a), for “in accordance with section 3A of the Charities Act
1993 (c. 10),” substitute “in accordance with section 30 of the Charities Act
2011,”.
Dioceses, Pastoral and Mission Measure 2007 (No. 1)
128
In section 62(1), in the definition of “charity”, for “section 78(2) of the
20
Charities Act 2006 (c. 50)” substitute “section 10 of the Charities Act 2011”.
129
In Schedule 2, in paragraph 13(2), for “charity trustee within the meaning of
the Charities Act 1993 (1993 c. 10)” substitute “charity trustee within the
meaning of the Charities Act 2011”.
Regulatory Enforcement and Sanctions Act 2008 (c. 13)
25
130
In Schedule 3, omit “Charities Act 1993 (c. 10), sections 76 to 78” and after the
entry relating to the Charities Act 2006 insert “Charities Act 2011, sections
294 to 297”.
Housing and Regeneration Act 2008 (c. 17)
131
In section 135(6), for “sections 41 to 45 of the Charities Act 1993 (c. 10)
30
(charity accounts)” substitute “Part 8 of the Charities Act 2011”.
132
In section 136—
(a)
in subsection (4), for “section 43(1)(a) of the Charities Act 1993”
substitute “section 144(1)(a) of the Charities Act 2011”,
(b)
in subsection (5)(a), for “section 43(1) of the Charities Act 1993,”
35
substitute “section 144(1) of the Charities Act 2011,”,
(c)
in subsection (5)(b), for “section 43(1)(b)”, substitute “section
144(1)(b)”, and
(d)
in subsection (6), for “section 43 of the Charities Act 1993 (c. 10)”
substitute “section 144 of the Charities Act 2011”.
40

Charities Bill [HL]
Schedule 7 — Consequential amendments
Part 2 — Particular amendments
209

133
In section 138(3)(a), for “the Charities Act 1993” substitute “the Charities Act
2011”.
134
In section 266(6), for “section 72 of the Charities Act 1993 (c. 10)” substitute
“section 178 of the Charities Act 2011”.
135
In section 275—
5
(a)
in the definition of “non-registrable charity”, for “section 3A of the
Charities Act 1993 (c. 10),”, substitute “section 30 of the Charities Act
2011,”, and
(b)
in the definition of “registered charity”, for “the Charities Act 1993
(c. 10),” substitute “the Charities Act 2011,”.
10
Planning Act 2008 (c. 29)
136   (1)
Amend section 210 as follows.
      (2)
In subsection (1)(b), for “section 2 of the Charities Act 2006 (c. 50)” substitute
“section 2 of the Charities Act 2011”.
      (3)
In subsection (4)—
15
(a)
in paragraph (a), for “section 3 of the Charities Act 1993 (c. 10),”
substitute “section 29 of the Charities Act 2011,”, and
(b)
in paragraph (b), for “section 1(1) of the Charities Act 2006 but is not
required to be registered in the register kept under section 3 of the
Charities Act 1993” substitute “section 1(1) of the Charities Act 2011
20
but is not required to be registered in the register kept under section
29 of that Act”.
      (4)
In subsection (5), for “section 2(2) of the Charities Act 2006;” substitute
“section 3(1) of the Charities Act 2011;”.
Charities Act (Northern Ireland) 2008 (c. 12 (N.I.))
25
137
In section 56(1)(a), for “under section 3 of the Charities Act 1993 (c. 10), or
which, by virtue of section 3A(2) of that Act, is not required to register as a
charity under that section” substitute “in the register kept under section 29
of the Charities Act 2011, or which, by virtue of section 30(2) of that Act, is
not required to be registered in that register”.
30
138
In section 86(1)(e)—
(a)
in sub-paragraph (i), after “under” insert “section 79(2)(a) of the
Charities Act 2011 or”, and
(b)
in sub-paragraph (ii), for “that provision” substitute “section 18(2)(i)
of the 1993 Act”.
35
Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)
139
In section 71A(1), for “section 13 of the Charities Act 2006)” substitute
“section 25 of the Charities Act 2011)”.
140
In Schedule 3, in paragraph 19(4)(c), for “(within the meaning of section 69A
of the Charities Act 1993 (c. 10))” substitute “(within the meaning of Part 11
40
of the Charities Act 2011)”.