(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)Senior Courts Act 1981 (c. 54).

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

(4) 5In sub-paragraph (2), the reference to section 128 of the Senior Courts Act
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) 10in relation to any time on or after that date but before the day on
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)1981 (c. 54).

Part 2 15Particular amendments

Literary and Scientific Institutions Act 1854 (c. 112)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
20Commission or in accordance with such provisions of sections 117(2) and
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)Places of Worship Registration Act 1855 (c. 81)

5 (1) In section 9(1)—

(a) 25for “shall, so far as it is a charity, be treated for the purposes of section
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
30excepted from registration under that Act) as if that provision
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) 35Section 337 of the 2011 Act (provisions as to orders under that Act)
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)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
40accordance 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
119 to 121 of the Charities Act 2011 as are applicable”.

Technical and Industrial Institutions Act 1892 (c. 29)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
5Commission or in accordance with such provisions of sections 117(2) and
119 to 121 of the Charities Act 2011 as are applicable”.

Open Spaces Act 1906 (c. 25)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) 10For section 4(4) substitute—

“(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.

15New Parishes Measure 1943 (No. 1)New Parishes Measure 1943 (No. 1)

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) 20with the sanction of an order of the Charity
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) 25For section 14(4) substitute—

“(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
30Charities Act 2011”.

London County Council (General Powers) Act 1947 (c. xlvi)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,
35instead of acting with the sanction of an order of the court or of the
Charity Commission, make the disposition in accordance with such
provisions of sections 117(2) and 119 to 121 of that Act as are
applicable.”

London County Council (General Powers) Act 1955 (c. xxix)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
5sanction of an order of the court or of the Charity Commission, make
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)Incumbents and Churchwardens (Trusts) Measure 1964 (No. 2)

13 In section 1, in the definition of “permanent trusts” for “section 96(3) of the
10Charities Act 1993” substitute “section 353(3) of the Charities Act 2011”.

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

15Leasehold Reform Act 1967 (c. 88)Leasehold Reform Act 1967 (c. 88)

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)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,”
20substitute “as defined by section 1(1) of the Charities Act 2011,”.

Redundant Churches and other Religious Buildings Act 1969 (c. 22)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
25of the Charities Act 2011 (Commission’s concurrent jurisdiction with
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
30notwithstanding—

(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
35relevant premises are to be held on the restoration of those premises,
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
402011 (except section 70(4) and (5)) in relation to the establishment of
a scheme for the administration of a charity; and section 88 of that

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) 5Chapter 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 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—

• 10““charity” has the meaning given by section 10 of the Charities
  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) 15Nothing in this Act affects—

(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
20that Act to authorise dealings with trust property.”

Sharing of Church Buildings Act 1969 (c. 38)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
252011”.

(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
30Act 2011 (restrictions on dispositions of charity land)”.

Synodical Government Measure 1969 (No. 2)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
35Charity 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”.

(3) 40In Rule 54(1)—

(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

(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
51993 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
waiver by the Charity Commission under section 181 of that Act or to a
10waiver by it under that section”.

(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
15Act 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”.

(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
20Charity Commission for an order for directions pursuant to section 155 of
the Charities Act 2011”.

Local Government Act 1972 (c. 70)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
25charities)”.

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
30charities)” substitute “sections 298 to 303 of the Charities Act 2011 (parochial
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
352011”.

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) 40for “section 36(9)(a) of that Act (certain statutorily authorised
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) 45the Charities Act 2011.”

Consumer Credit Act 1974 (c. 39)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)Friendly Societies Act 1974 (c. 46)

30 5In section 32A(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,”.

House of Commons Disqualification Act 1975 (c. 24)House of Commons Disqualification Act 1975 (c. 24)

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

• “The Charity Commission.”

10Northern Ireland Assembly Disqualification Act 1975 (c. 25)Northern Ireland Assembly Disqualification Act 1975 (c. 25)

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

• “The Charity Commission.”

Theatres Trust Act 1976 (c. 27)Theatres Trust Act 1976 (c. 27)

33 In section 2(2)(d), for “sections 36 and 38 of the Charities Act 1993” substitute
15“sections 117 to 121 and 124 of the Charities Act 2011”.

Endowments and Glebe Measure 1976 (No. 4)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
20of sections 117(2) and 119 to 121 of the Charities Act 2011 as are applicable”.

Interpretation Act 1978 (c. 30)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).”

25Ancient Monuments and Archaeological Areas Act 1979 (c. 46)Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

36 In section 49(3), for “the Charities Act 1993” substitute “the Charities Act
2011”.

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

37 For section 6 substitute—

“6 30Saving for Charity Commission

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) 35the future use of the said land, or

(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
5to make an application for the appropriate relief by way of a
scheme.”

Pastoral Measure 1983 (No. 1)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
10schemes under its jurisdiction with respect to charities, and the
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
15preventing the making of any such scheme.”

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) 20Amend Schedule 3 as follows.

(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) 25In paragraph 16(1)(e) for “section 16 of the Charities Act 1993” substitute
“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”.

30Housing Act 1985 (c. 68)Housing Act 1985 (c. 68)

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”.

35Housing Associations Act 1985 (c. 69)Housing Associations Act 1985 (c. 69)

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
40Act 2011 (restrictions on dispositions of charity land)”.

Coal Industry Act 1987 (c. 3)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) 5Sections 70(1), 71, 73(1) to (6), 74, 88 and 89 of the Charities Act 2011
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
10apply to orders and decisions under that Act.

(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
15application made with a view to a scheme under subsection (1) the
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
20made under this section as they apply in relation to an order made
under section 69(1) of that Act.”

Reverter of Sites Act 1987 (c. 15)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
25(appeals and applications to Tribunal) apply in relation to an order
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) 30the Attorney General;

(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-
35mentioned trustees or any of their predecessors held the
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) 40any other person who is or may be affected by the order.

(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.”

Education Reform Act 1988 (c. 40)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 5For section 125A substitute—

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
10for the purposes of that Act, and

(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
15Charities Act 1993” substitute ““charitable purposes” has the meaning given
by section 11 of the Charities Act 2011”.

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

20Imperial College Act 1988 (c. xxiv)Imperial College Act 1988 (c. xxiv)

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
2596 of the Charities Act 2011”.

(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)Courts and Legal Services Act 1990 (c. 41)

55 30In Schedule 11, for the entry beginning “Member of the Charity
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)London Local Authorities Act 1991 (c. xiii)

56 35In section 4, in paragraph (d) of the definition of “establishment for special
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)”.

Further and Higher Education Act 1992 (c. 13)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 5For section 22A substitute—

“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 10In section 27(5), for ““charitable purposes” has the same meaning as in the
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
152011)”.

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 20In section 33N(10), for ““charitable purposes” has the same meaning as in the
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)”
25substitute “section 25 of the Charities Act 2011)”, and

(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
30Charities Act 2011)”, and

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

Charities Act 1992 (c. 41)Charities Act 1992 (c. 41)

65 (1) In section 58(1), in the definition of “company” for “section 97 of the
35Charities Act 1993” substitute “section 353 of the Charities Act 2011”.

(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”.

40Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

67 In section 93(6)(a), for “section 36 of the Charities Act 1993” substitute
“sections 117 to 121 of the Charities Act 2011”.