Charities Bill [HL]

Session 2010 - 12
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Other Bills before Parliament

Charities Bill [HL]

Charities Bill [HL]
Schedule 9 — Transitory modifications
217

(a)
section 13(1) to (3) of the 2006 Act (general duty of principal
regulator), and
(b)
section 86A of the 1993 Act (duty of Commission to consult principal
regulator),

have not been brought into before the commencement of this Act.
5
      (2)
In relation to those charities or that charity, Part 3 has effect until the relevant
commencement date as if—
(a)
section 26 (general duty of principal regulator), and
(b)
section 28 (duty of Commission to consult principal regulator),

were omitted.
10
Voluntary registration
8     (1)
Sub-paragraph (2) applies if section 3A(6) of the 1993 Act (voluntary
registration) has not been brought into force before the commencement of
this Act.
      (2)
Part 4 (registration and names of charities) has effect until the relevant
15
commencement date with the omission of section 30(3) (but subject to the
modifications specified in the Charities Act 2006 (Commencement No. 5,
Transitional and Transitory Provisions and Savings) Order 2008 (S.I. 2008/
3267) as it has effect in accordance with Part 1 of Schedule 8).
Regulations to secure that any institution ceasing to be an exempt charity on the relevant
20
commencement date is excepted
9     (1)
Sub-paragraph (2) applies if paragraph 2, 3 or 4 applies and, on the date
which is the relevant commencement date in relation to that paragraph, an
institution ceases to be an exempt charity.
      (2)
In relation to that institution, section 31 has effect as if for subsection (3) there
25
were substituted—
“(3)
Such regulations must be made under section 30(2)(c) as are
necessary to secure that the institution is excepted under section
30(2)(c) (subject to compliance with any conditions of the exception
and the financial limit mentioned in section 30(2)(c)).”
30
Change of name and exempt charities
10    (1)
Sub-paragraph (2) applies if, in relation to charities of a particular
description or a particular charity, paragraph 1 of Schedule 5 to the 2006 Act
(removal of exception for exempt charities from power to require charity’s
name to be changed) has not been brought into before the commencement of
35
this Act.
      (2)
In relation to those charities or that charity, section 42 (power to require
name to be changed) has effect until the relevant commencement date as if
at the end there were inserted—
“(6)
Nothing in this section applies to an exempt charity.”
40

Charities Bill [HL]
Schedule 9 — Transitory modifications
218

Power to institute inquiries and exempt charities
11    (1)
Sub-paragraph (2) applies if, in relation to charities of a particular
description or a particular charity, paragraph 2 of Schedule 5 to the 2006 Act
(restriction of exclusion of exempt charities from power to institute
inquiries) has not been brought into force before the commencement of this
5
Act.
      (2)
In relation to those charities or that charity, section 46 (general power to
institute inquiries) has effect until the relevant commencement date as if, in
subsection (2), “except where this has been requested by its principal
regulator” were omitted.
10
Maximum term of imprisonment for offence under section 49(8)
12
In relation to an offence committed before the commencement of section
281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary
offences), the reference to 51 weeks in section 49(9) is to be read as a
reference to 3 months.
15
Power to call for documents etc. and exempt charities
13    (1)
Sub-paragraph (2) applies if, in relation to charities of a particular
description or a particular charity, paragraph 3 of Schedule 5 to the 2006 Act
(removal of exclusion of exempt charities from power to call for documents
etc.) has not been brought into force before the commencement of this Act.
20
      (2)
In relation to those charities or that charity, section 52 (power to call for
documents) has effect until the relevant commencement date with the
insertion after subsection (1) of—
“(1A)
No person properly having the custody of documents relating only
to an exempt charity is required under subsection (1) to transmit to
25
the Commission any of those documents, or to provide any copy of
or extract from any of them.”
Maximum term of imprisonment for offence under section 57(3)
14
In relation to an offence committed before the commencement of section
154(1) of the Criminal Justice Act 2003 (general limit on the magistrates’
30
court’s power to impose imprisonment) the reference to 12 months in
section 57(4) is to be read as a reference to 6 months.
Exempt charities and disclosure to and by principal regulator
15    (1)
Sub-paragraph (2) applies if, in relation to charities of a particular
description or a particular charity, the main provisions of section 10B of the
35
1993 Act (disclosure to and by principal regulators of exempt charities) have
not been brought into force before the commencement of this Act.
      (2)
In relation to those charities or that charity, this Act has effect until the
relevant commencement date as if section 58 (disclosure to and by principal
regulators of exempt charities), except in so far as it confers power to make
40
regulations, were omitted.
      (3)
In sub-paragraph (1), “the main provisions of section 10B of the 1993 Act”
means section 10B except in so far as it confers power to make regulations.

Charities Bill [HL]
Schedule 9 — Transitory modifications
219

Exempt charities and Commission’s concurrent jurisdiction with High Court
16    (1)
Sub-paragraph (2) applies if, in relation to charities of a particular
description or a particular charity, paragraph 4 of Schedule 5 to the 2006 Act
(removal of exclusion of exempt charities from Commission’s concurrent
jurisdiction) has not been brought into force before the commencement of
5
this Act.
      (2)
In relation to those charities or that charity, section 70 (restrictions on
Commission’s concurrent jurisdiction) has effect until the relevant
commencement date as if—
(a)
at the beginning of subsection (2)(c) there were inserted “in the case
10
of a charity other than an exempt charity”, and
(b)
in subsection (3), after “In the case of a charity” there were inserted
“which is not an exempt charity and”.
Exempt charities and restriction on expenditure on promoting Bills
17    (1)
Sub-paragraph (2) applies if, in relation to charities of a particular
15
description or a particular charity, paragraph 5 of Schedule 5 to the 2006 Act
(restriction on expenditure on promoting Bills to apply to exempt charities)
has not been brought into force before the commencement of this Act.
      (2)
In relation to those charities or that charity, section 74 (restriction on
expenditure on promoting Bills) has effect until the relevant commencement
20
date as if, at the end of subsection (2), there were inserted “but does not
apply in the case of an exempt charity”.
Exempt charities and power to act for protection of charities
18    (1)
Sub-paragraph (2) applies if, in relation to charities of a particular
description or a particular charity, paragraph 6 of Schedule 5 to the 2006 Act
25
(restriction of exception for exempt charities from Commission’s powers to
act for protection of charities) has not been brought into force before the
commencement of this Act.
      (2)
In relation to those charities or that charity, Part 6 (cy-près powers etc.) has
effect as if sections 80(4) and 81(3) were omitted and after section 82 there
30
were inserted—
“82A
Exempt charities
Sections 76 to 82 (powers to act for protection of charities) do not
apply to an exempt charity.”
Reference to Mission and Pastoral Measure 2011
35
19    (1)
Sub-paragraph (2) applies if the Mission and Pastoral Measure 2011 has not
been brought into force before the commencement of this Act.
      (2)
In the application of section 105(10) before the commencement of the 2011
Measure the reference to the Mission and Pastoral Measure 2011 is to be read
as a reference to the Pastoral Measure 1983.
40

Charities Bill [HL]
Schedule 9 — Transitory modifications
220

Exempt charities and power to give directions about dormant bank accounts
20    (1)
Sub-paragraph (2) applies if, in relation to charities of a particular
description or a particular charity, paragraph 7 of Schedule 5 to the 2006 Act
(removal of exclusion of exempt charities from power to give directions
about dormant accounts) has not been brought into force before the
5
commencement of this Act.
      (2)
In relation to those charities or that charity, section 107 (power to direct
transfer of credits in dormant bank accounts) has effect until the relevant
commencement date as if after subsection (5) there were inserted—
“(6)
Subsection (1) does not apply to any account held in the name of or
10
on behalf of an exempt charity.”
Exempt charities and Commission’s consent to proceedings etc.
21    (1)
Sub-paragraph (2) applies if, in relation to charities of a particular
description or a particular charity, paragraph 8 of Schedule 5 to the 2006 Act
(proceedings relating to exempt charity must be authorised by Commission
15
etc.) has not been brought into force before the commencement of this Act.
      (2)
In relation to those charities or that charity, section 115 (proceedings by
persons other than the Commission) has effect until the relevant
commencement date as if—
(a)
in subsection (2), after “relating to a charity”, and
20
(b)
in subsection (7)(a), after “with reference to any charity”,

there were inserted “(other than an exempt charity)”.
Exempt charities and duty of auditors etc. to report matters to Commission
22    (1)
Sub-paragraph (2) applies if, in relation to charities of a particular
description or a particular charity, section 29(2) of the 2006 Act
25
(amendments of section 46 of the 1993 Act about application to exempt
charities of duty of auditors etc. to report matters to Commission) has not
been brought into force before the commencement of this Act.
      (2)
In relation to those charities or that charity, section 160 (audit or examination
of accounts: exempt charities) has effect until the relevant commencement
30
date as if—
(a)
in subsection (1) (provision corresponding to section 46(1)), for
“sections 144 to 155 (audit or examination of accounts)” there were
substituted “sections 144 to 157 (audit or examination of accounts
and duty of auditors etc. to report matters to Commission)”, and
35
(b)
subsection (2) (provision corresponding to section 46(2A) and (2B))
were omitted.
      (3)
Sub-paragraph (4) applies if, in relation to charities of a particular
description or a particular charity, section 46(3A) of the 1993 Act
(application to certain excepted charities which are also exempt charities of
40
duty of auditors etc. to report matters to Commission) has not been brought
into force before the commencement of this Act.
      (4)
In relation to those charities or that charity, section 161 (audit or examination
of accounts: excepted charities) has effect until the relevant commencement

Charities Bill [HL]
Schedule 9 — Transitory modifications
221

date as if subsection (4) (provision corresponding to section 46(3A)) were
omitted.
      (5)
Sub-paragraph (6) applies if—
(a)
sub-paragraph (2) applies and, on the date which is the relevant
commencement date in relation to that sub-paragraph, section 160
5
applies without the modifications in that sub-paragraph, or
(b)
sub-paragraph (4) applies and, on the date which is the relevant
commencement date in relation to that sub-paragraph, section 161
applies without the modifications in that sub-paragraph.
      (6)
Section 160(2) or (as the case may be) 161(4) applies in relation to matters
10
(“pre-commencement matters”) of which a person became aware at any time
falling—
(a)
before the relevant commencement date, and
(b)
during a financial year ending on or after that date,

as well as in relation to matters of which the person becomes aware on or
15
after that date.
      (7)
Any duty imposed by virtue of sub-paragraph (6) must be complied with in
relation to any such pre-commencement matters as soon as practicable after
the relevant commencement date.
Disqualification and references to section 429(2) of Insolvency Act 1986
20
23    (1)
This paragraph applies if paragraph 7 of Schedule 16 to the Tribunals,
Courts and Enforcement Act 2007 (administration orders: consequential
amendments) has not been brought into force before the commencement of
this Act.
      (2)
Section 178(1) has effect until the relevant commencement date as if in Case
25
F for “section 429(2) of the Insolvency Act 1986 (disabilities on revocation of
county court administration order)” there were substituted “section
429(2)(b) of the Insolvency Act 1986 (failure to pay under county court
administration order)”.
      (3)
Section 180(2) has effect until the relevant commencement date as if for
30
“section 429(2) of the Insolvency Act 1986” there were substituted “section
429(2)(b) of the Insolvency Act 1986”.
Maximum term of imprisonment for offence under section 183(1)
24
In relation to an offence committed before the commencement of section
154(1) of the Criminal Justice Act 2003 (general limit on the magistrates’
35
court’s power to impose imprisonment) the reference to 12 months in
section 183(3)(a) is to be read as a reference to 6 months.
Exempt charities and power to order disqualified trustee to repay sums
25    (1)
Sub-paragraph (2) applies if, in relation to charities of a particular
description or a particular charity, paragraph 9 of Schedule 5 to the 2006 Act
40
(Commission to have power to order disqualified charity trustee or trustee
to repay sums to exempt charity) has not been brought into force before the
commencement of this Act.

Charities Bill [HL]
Schedule 9 — Transitory modifications
222

      (2)
In relation to those charities or that charity, section 184 (civil consequences
of acting while disqualified) has effect until the relevant commencement
date as if in subsection (2)(a), after “for a charity”, there were inserted “(other
than an exempt charity)”.
CIOs
5
26    (1)
Sub-paragraph (2) applies if any provision of the 1993 Act relating to CIOs—
(a)
has not been brought into force before the commencement of this
Act, or
(b)
has not been brought into force for all purposes or for all areas before
the commencement of this Act;
10

and in sub-paragraph (2) “excluded purpose or area” means any purpose or
area in relation to which that provision of the 1993 Act has not been brought
into force.
      (2)
This Act has effect until the relevant commencement date as if the provision
of this Act corresponding to that provision of the 1993 Act—
15
(a)
were omitted, or
(b)
were omitted in relation to the excluded purpose or area.
      (3)
For the purposes of this paragraph, the provisions of the 1993 Act relating to
CIOs, and the corresponding provisions of this Act, are—

provision of the 1993 Act
corresponding provision of this Act

20

section 45(3B)
section 163(3)

in section 48(1A), “(but this
in section 169(2), “(but this

subsection does not apply if the
subsection does not apply if the

charity is constituted as a CIO)”
charity is constituted as a CIO)”

any provision of Part 8A, including
the corresponding provision of

25

Schedule 5B but excluding section
Part 11

69O

section 69O
section 267(2)

section 73E(2)(b)
section 192(2)(b)

section 75C(11)
section 314

30

in section 97(1), the definition of
section 204

“CIO”

paragraph 1 of Schedule 1C in
section 319 in relation to a decision

relation to a decision of the
of the Commission under a

Commission under a provision of
provision of Part 11 mentioned in

35

Part 8A or Schedule 5B mentioned
column 1 of Schedule 6.

in column 1 of the Table in

Schedule 1C

27    (1)
Sub-paragraph (2) applies if section 2 of the Co-operative and Community
Benefit Societies and Credit Unions Act 2010 (re-naming the Industrial and
40

Charities Bill [HL]
Schedule 9 — Transitory modifications
223

Provident Societies Acts) has not been brought into force before the
commencement of this Act.
      (2)
In the application of subsection (1) or (5) of section 229 (application for
conversion by registered society) before the commencement of section 2 of
the 2010 Act the reference to the Co-operative and Community Benefit
5
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).
References to re-named Acts in Schedule 7
28    (1)
Sub-paragraph (2) applies if section 2 of the Co-operative and Community
Benefit Societies and Credit Unions Act 2010 (re-naming the Industrial and
10
Provident Societies Acts) has not been brought into force before the
commencement of this Act.
      (2)
In the application of Schedule 7 before the commencement of section 2 of the
2010 Act—
(a)
the reference to the Co-operative and Community Benefit Societies
15
and Credit Unions Act 1965 is to be read as a reference to the
Industrial and Provident Societies Act 1965 (c. 12), and
(b)
the reference to the Co-operative and Community Benefit Societies
and Credit Unions Act 1968 (c. 55) is to be read as a reference to the
Friendly and Industrial and Provident Societies Act 1968 (c. 55).
20
Meaning of “the relevant commencement date”
29    (1)
Subject to sub-paragraph (2), in this Schedule “the relevant commencement
date” means such day as the appropriate authority may by order appoint.
      (2)
If, in the case of a provision referred to in any paragraph above which has
not been brought into force before the commencement of this Act, an order
25
has been made before the commencement of this Act appointing a day for
the coming into force of that provision, “the relevant commencement date”
in relation to that provision means that appointed day.
      (3)
“The appropriate authority” means—
(a)
in relation to paragraph 23 (disqualification and references to section
30
429(2) of Insolvency Act 1986), the Lord Chancellor;
(b)
otherwise, the Minister.
      (4)
An order made in relation to paragraph 23 may make different provision for
different purposes.
      (5)
An order made in relation to any other paragraph of this Schedule may—
35
(a)
appoint different days for different purposes or different areas;
(b)
make such provision as the Minister considers necessary or
expedient for transitory, transitional or saving purposes in
connection with the coming into force of the order.
      (6)
Any power to make an order under this paragraph is exercisable by
40
statutory instrument.
References to Acts
30
In this Schedule—