Charities Bill [HL]

Session 2010 - 12
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Charities Bill [HL]

Charities Bill [HL]
Schedule 7 — Consequential amendments
Part 2 — Particular amendments
210

141
In Schedule 4, in paragraph 9(4)(c), for “(within the meaning of section 69A
of the Charities Act 1993 (c. 10))” substitute “(within the meaning of Part 11
of the Charities Act 2011)”.
Corporation Tax Act 2010 (c. 4)
142   (1)
Amend section 511 as follows.
5
      (2)
Under the heading “Type 2”, for “or” preceding paragraph (c) substitute—
“(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.”
10
Finance Act 2010 (c. 13)
143   (1)
Amend Schedule 6 as follows.
      (2)
In paragraph 1(4)—
(a)
for “see section 2 of the Charities Act 2006” substitute “see section 2
of the Charities Act 2011”, and
15
(b)
in paragraph (b), for “(see section 80(3) to (6) of that Act)” substitute
“(see sections 7 and 8 of that Act)”.
      (3)
In paragraph 3(1)(a), for “within the meaning of the Charities Act 1993”
substitute “within the meaning of section 10 of the Charities Act 2011”.
      (4)
In paragraph 3(2), for “section 3 of the Charities Act 1993” substitute “section
20
29 of the Charities Act 2011”.
Equality Act 2010 (c. 15)
144
In section 194(3)(a), for “section 1(1) of the Charities Act 2006” substitute
“section 1(1) of the Charities Act 2011”.
Church of England (Miscellaneous Provisions) Measure 2010 (No. 1)
25
145
In section 10(1), for “section 96(2) of the Charities Act 1993 (c. 10)” substitute
“section 10 of the Charities Act 2011”.
Mission and Pastoral Measure 2011 (No. 3)
146
For section 67(1) substitute—
“(1)
The power of the court (as defined by the Charities Act 2011) to make
30
schemes under its jurisdiction with respect to charities, and the
power of the Charity Commission to make schemes under that Act,
shall 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
35
taken as preventing the making of any such scheme.”
147
In section 77(3), for “the Charities Act 1993” substitute “the Charities Act
2011”.

Charities Bill [HL]
Schedule 8 — Transitionals and savings
Part 1 — General
211

148
In section 106(1), in the definition of “charity”, for “section 78(2) of the
Charities Act 2006 (c. 50)” substitute “section 10 of the Charities Act 2011”.
149   (1)
Amend Schedule 3 as follows.
      (2)
In paragraph 9(6)—
(a)
for “section 16 of the Charities Act 1993” substitute “section 69 of the
5
Charities Act 2011”, and
(b)
for “that section” substitute “sections 69 to 71 of that Act”.
      (3)
In paragraph 14(1)(e) for “section 16 of the Charities Act 1993” substitute
“section 69 of the Charities Act 2011”.
Schedule 8
10
Section 354

Transitionals and savings
Part 1
General
Continuity of the law
1
The repeal and re-enactment of provisions by this Act does not affect the
15
continuity of the law.
2
A reference, express or implied, in this Act, another enactment or an
instrument or document, to a provision of this Act is, subject to its context,
to be read as being or including a reference to the corresponding provision
repealed by this Act, in relation to times, circumstances or purposes in
20
relation to which the repealed provision had effect.
3     (1)
A reference, express or implied, in any enactment, instrument or document
to a provision repealed by this Act is, subject to its context, to be read as
being or including a reference to the corresponding provision of this Act, in
relation to times, circumstances or purposes in relation to which that
25
provision has effect.
      (2)
Where a power conferred by an Act is expressed to be exercisable in relation
to enactments contained in Acts passed before or in the same Session as the
Act conferring the power, the power is also exercisable in relation to
provisions of this Act that reproduce such enactments.
30
      (3)
The powers in—
(a)
section 75(4) and (5) of the Charities Act 2006 (to make
supplementary and consequential provision etc.), and
(b)
section 77 of that Act (to make amendments in consequence of, or in
connection with, changes to the provisions of company law relating
35
to the accounts of charitable companies etc.),

are, so far as they were exercisable in relation to any provision repealed and
re-enacted by this Act, exercisable in relation to the corresponding provision
of this Act.
      (4)
Sub-paragraphs (2) and (3) do not affect the generality of sub-paragraph (1).
40

Charities Bill [HL]
Schedule 8 — Transitionals and savings
Part 2 — Recreational etc. purposes
212

4
Anything done, or having effect as if done, under (or for the purposes of or
in reliance on) a provision repealed by this Act, and in force or effective
immediately before the commencement of this Act, has effect after that
commencement as if done under (or for the purposes of or in reliance on) the
corresponding provision of this Act.
5
5
Paragraphs 1 to 4 have effect in place of section 17(2) of the Interpretation
Act 1978; but nothing in this Schedule affects any other provision of that Act.
Effect of old transitionals and savings
6
The repeals made by this Act do not affect the operation of any transitional
provision or saving relating to the coming into force of a provision
10
reproduced in this Act in so far as the transitional provision or saving is not
specifically reproduced in this Act but remains capable of having effect in
relation to the corresponding provision of this Act or otherwise.
7     (1)
The repeal by this Act of an enactment previously repealed subject to
savings does not affect the continued operation of those savings.
15
      (2)
The repeal by this Act of a saving on the previous repeal of an enactment
does not affect the operation of the saving in so far as it is not specifically
reproduced in this Act but remains capable of having effect.
Use of existing forms etc.
8
Any reference to an enactment repealed by this Act which is contained in a
20
document made, served or issued after the commencement of the repeal is,
subject to its context, to be read as being or including a reference to the
corresponding provision of this Act.
Part 2
Recreational etc. purposes
25
General
9
In this Part of this Schedule “the 1958 Act” means the Recreational Charities
Act 1958.
10    (1)
Where section 2 of the 1958 Act applied to any trusts immediately before the
day on which section 5(3) of the Charities Act 2006 came into force, the
30
repeal by this Act of paragraph 2 of Schedule 10 to the 2006 Act does not
prevent the trusts from continuing to be charitable if they constitute a charity
in accordance with section 1(1) of this Act.
      (2)
Sub-paragraph (1)—
(a)
affects the law of Scotland only so far as it affects the construction of
35
references to charities or charitable purposes in enactments which
relate to matters falling within Section A1 of Part 2 of Schedule 5 to
the Scotland Act 1998 (reserved matters: fiscal policy etc.);
(b)
affects the law of Northern Ireland only so far as it affects the
construction of references to charities or charitable purposes in
40
enactments which relate to matters falling within paragraph 9 of
Schedule 2 to the Northern Ireland Act 1998 (excepted matters: taxes
and duties).

Charities Bill [HL]
Schedule 8 — Transitionals and savings
Part 3 — Miscellaneous
213

11
The repeal by this Act of subsections (2) and (3) of section 3 of the 1958 Act
does not affect any saving in either of those subsections which is capable of
having continuing effect.
Scotland
12
Sections 1 and 2 of the 1958 Act as in force before the commencement of
5
section 5 of the Charities Act 2006 continue to have effect in relation to the
law of Scotland so far as they affect the construction of any references to
charities or charitable purposes which—
(a)
are to be construed in accordance with the law of England and
Wales, but
10
(b)
are not contained in enactments relating to matters falling within
Section A1 of Part 2 of Schedule 5 to the Scotland Act 1998 (reserved
matters: fiscal policy etc.).
Northern Ireland
13
Sections 1 and 2 of the 1958 Act as in force before the commencement of
15
section 5 of the Charities Act 2006 continue to have effect in relation to the
law of Northern Ireland so far as they affect the construction of any
references to charities or charitable purposes which—
(a)
are to be construed in accordance with the law of England and
Wales, but
20
(b)
are not contained in enactments relating to matters falling within
paragraph 9 of Schedule 2 to the Northern Ireland Act 1998 (excepted
matters: taxes and duties).
Part 3
Miscellaneous
25
Regulations relating to fees
14
Despite the revocation by this Act of the Charities (Pre-consolidation
Amendments) Order 2011 (S.I. 2011/1396), regulations having effect as if
made under section 19 continue to have effect as if any reference to the
furnishing of a document were a reference to the provision of the document.
30
Exempt charities
15    (1)
Despite the repeal by this Act of section 11(13) of the Charities Act 2006
(power to make amendments or modifications of enactments in connection
with changes in exempt charities), the Minister may by order make such
amendments or other modifications of any enactment as the Minister
35
considers appropriate in connection with—
(a)
charities of a particular description becoming, or ceasing to be,
exempt charities, or
(b)
a particular charity becoming, or ceasing to be, an exempt charity,

as a result of provision made by or under section 11 of the 2006 Act.
40
      (2)
In sub-paragraph (1) “enactment” includes—
(a)
any provision of subordinate legislation (within the meaning of the
Interpretation Act 1978), and

Charities Bill [HL]
Schedule 8 — Transitionals and savings
Part 3 — Miscellaneous
214

(b)
a provision of a Measure of the Church Assembly or of the General
Synod of the Church of England;

and references to enactments include enactments whenever passed or made.
16
The repeal and re-enactment by this Act of—
(a)
section 11(13) of the Charities Act 2006 (power to make amendments
5
or modifications of enactments in connection with changes in
exempt charities), and
(b)
section 13(5) of that Act (power to make amendments or
modifications of enactments in connection with principal regulator
regulations),
10

is not to be treated as preventing any amendment or modification being
made of an enactment contained in this Act which re-enacts an enactment of
which an amendment or modification could have been made under section
11(13) or 13(5).
Application cy-près: donors unknown or disclaiming or treated as disclaiming
15
17
Sections 63, 64 and 67 apply to property given for charitable purposes
whether before or on or after the commencement of this Act.
Official custodian as successor to official trustee of charity lands and official trustees of charity
funds
18    (1)
Despite the repeal by this Act of paragraph 26 of Schedule 10 to the Charities
20
Act 2006, the official custodian for charities is to continue to be treated as the
successor for all purposes both of the official trustee of charity lands and of
the official trustees of charitable funds as if—
(a)
the functions of the official trustee or trustees had been functions of
the official custodian, and
25
(b)
the official trustee or trustees had been, and had discharged the
functions of the official trustee or trustees as, holder of the office of
the official custodian.
      (2)
Despite the repeal of paragraph 26 of that Schedule (and without affecting
the generality of sub-paragraph (1))—
30
(a)
any property which immediately before the commencement of that
repeal was, by virtue of paragraph 26(2) of that Schedule, held by the
official custodian continues to be so held, as if vested in the official
custodian under section 90, and
(b)
any enactment or document referring to the official trustee or
35
trustees mentioned above continues to have effect, so far as the
context permits, as if the official custodian had been mentioned
instead.
Savings for consequential amendments
19    (1)
The repeal by this Act of paragraph 23(a) of Schedule 10 to the Charities Act
40
2006 (saving for consequential amendment made by the Charities Act 1960)
does not affect the amendment made by Schedule 6 to the Charities Act 1960
in section 9 of the Places of Worship Registration Act 1855.
      (2)
The repeal by this Act of paragraph 23(d) of Schedule 10 to the Charities Act
2006 (saving for consequential amendment made by the Charities Act 1960)
45

Charities Bill [HL]
Schedule 9 — Transitory modifications
215

does not affect the amendment made by Schedule 6 to the Charities Act 1960
in section 31 of the New Parishes Measure 1943.
      (3)
The repeal by this Act of paragraph 30 of Schedule 6 to the Charities Act 1993
does not affect the amendments made by that paragraph in—
(a)
section 90(4) of the Local Government Act 1985, or
5
(b)
section 192(11) of the Education Reform Act 1988.
Universities of Durham and Newcastle-upon-Tyne Act 1963
20
Despite the revocation by this Act of the Charities (Pre-consolidation
Amendments) Order 2011 (S.I. 2011/1396), the Universities of Durham and
Newcastle-upon-Tyne Act 1963 continues to have effect as if Schedule 7 to
10
the Charities Act 1993 (repeals) had never referred to section 10 of the 1963
Act.
Schedule 9
Section 354

Transitory modifications
Commission’s general functions—public charitable collections
15
1     (1)
Sub-paragraph (2) applies if Chapter 1 of Part 3 of the 2006 Act (public
charitable collections) has not been brought into force before the
commencement of this Act.
      (2)
Section 15 (the Commission’s general functions) has effect until the
appointed day as if—
20
(a)
paragraph 4 of section 15(1), and
(b)
section 15(6),

were omitted.
      (3)
“The appointed day” means the day on which Chapter 1 of Part 3 of the 2006
Act is brought into force by virtue of an order made under section 79 of that
25
Act.
“Exempt charity” and common investment and deposit funds
2     (1)
Sub-paragraph (2) applies if—
(a)
section 11(10) of the 2006 Act (amendment of section 24(8) of the 1993
Act), and
30
(b)
paragraph 173(3)(a) of Schedule 8 to the 2006 Act (amendment of
definition of “exempt charity” in section 96(1) of the 1993 Act),

have not been brought into force before the commencement of this Act.
      (2)
Subsection (3) of—
(a)
section 99 (further provisions relating to common investment
35
schemes and funds), and
(b)
section 103 (further provisions relating to common deposit schemes
and funds),

has effect until the relevant commencement date as if at the end of the
subsection there were inserted “; and if the scheme admits only exempt
40
charities, the fund is an exempt charity for the purposes of this Act”.

Charities Bill [HL]
Schedule 9 — Transitory modifications
216

“Exempt charity” and church funds
3     (1)
Sub-paragraph (2) applies if section 11(9) of the 2006 Act (removing certain
exempt charities from Schedule 2 to the 1993 Act), so far as relating to—
(a)
an Investment Fund or Deposit Fund within the meaning of the
Church Funds Investment Measure 1958, or
5
(b)
an investment fund or deposit fund within the meaning of the
Methodist Church Funds Act 1960,

has not been brought into force before the commencement of this Act.
      (2)
Schedule 3 (exempt charities) has effect until the relevant commencement
date as if paragraphs (a) and (b) of paragraph 1(2) were omitted.
10
“Exempt charity” and registered societies etc.
4     (1)
Sub-paragraph (2) applies if section 11(8) of the 2006 Act (changing the
exemption under paragraph (y) of Schedule 2 to the 1993 Act) has not been
brought into force before the commencement of this Act.
      (2)
Schedule 3 (exempt charities) has effect until the relevant commencement
15
date as if, in paragraph 27, for “if the society is also registered in the register
of social landlords under Part 1 of the Housing Act 1996” there were
substituted “and any registered society or branch within the meaning of the
Friendly Societies Act 1974”.
5     (1)
Sub-paragraph (2) applies if section 2 of the Co-operative and Community
20
Benefit Societies and Credit Unions Act 2010 (re-naming the Industrial and
Provident Societies Acts) has not been brought into force before the
commencement of this Act.
      (2)
In the application of paragraph 26 or 27 of Schedule 3 (exempt charities)
before the commencement of section 2 of the 2010 Act the reference to the
25
Co-operative and Community Benefit Societies and Credit Unions Act 1965
(c. 12) is to be read as a reference to the Industrial and Provident Societies
Act 1965 (c. 12).
Power to amend enactments in connection with changes in exempt charities
6     (1)
Sub-paragraph (2) applies if paragraph 2, 3 or 4 applies in relation to
30
charities of a particular description or to a particular charity.
      (2)
In relation to those charities or that charity, section 23 has effect as if for
subsection (3) there were substituted—
“(3)
The Minister may by order make such amendments or other
modifications of any enactment as the Minister considers
35
appropriate in connection with—
(a)
charities of a particular description ceasing to be exempt
charities on the relevant commencement date, or
(b)
a particular charity ceasing to be an exempt charity on the
relevant commencement date.”
40
Exempt charities and the principal regulator
7     (1)
Sub-paragraph (2) applies if, in relation to charities of a particular
description or a particular charity—