Charities Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Charities Bill [HL]

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
134

      (2)
In subsections (1), (3) and (4) for “Charity Commissioners” substitute
“Charity Commission”.
      (3)
In subsection (4)—
(a)
for “the Commissioners” (in both places) substitute “the
Commission”,
5
(b)
for “they” substitute “it”, and
(c)
for “their” substitute “its”.
23
In section 3(1) (provision for patients able to make some, but not full,
payment)—
(a)
for “Charity Commissioners are” substitute “Charity Commission
10
is”, and
(b)
for “they” substitute “it”.
24
In section 4 (provisions for protection of existing trusts)—
(a)
for “Charity Commissioners” substitute “Charity Commission”, and
(b)
in paragraphs (a), (b) and (c) for “they are” substitute “it is”.
15
25    (1)
Section 5 (power to make rules) is amended as follows.
      (2)
In subsection (1)—
(a)
for “Charity Commissioners” substitute “Charity Commission”, and
(b)
for “they” substitute “it”.
      (3)
In subsection (3)—
20
(a)
for “Charity Commissioners” (in both places) substitute “Charity
Commission”,
(b)
for “they” and “them” (in each place) substitute “it”, and
(c)
for “an officer” substitute “a member of staff”.
      (4)
In the sidenote, for “Charity Commissioners” substitute “Charity
25
Commission”.
26
In section 6(2) (savings)—
(a)
for “Charity Commissioners” substitute “Charity Commission”, and
(b)
for “them” substitute “it”.
Green Belt (London and Home Counties) Act 1938 (c. xciii)
30
27
In section 20 of the Green Belt (London and Home Counties) Act 1938 (lands
held on charitable trusts) for “Charity Commissioners” substitute “Charity
Commission”.
New Parishes Measure 1943 (No. 1)
28
The New Parishes Measure 1943 has effect subject to the following
35
amendments.
29
In section 14(1)(b) (power of corporations etc. to give or grant land for sites
of churches, etc.) for “with the sanction of an order of the Charity
Commissioners” substitute—
“(i)
with the sanction of an order of the Charity
40
Commission, or

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
135

(ii)
in accordance with such provisions of section 36(2) to
(8) of the Charities Act 1993 as are applicable;”
30
In section 31 (charitable trusts)—
(a)
for “the Board of Charity Commissioners” substitute “the Charity
Commission”, and
5
(b)
for “the Charity Commissioners” substitute “the Charity
Commission”.
Crown Proceedings Act 1947 (c. 44)
31
In section 23(3) of the Crown Proceedings Act 1947 (proceedings with
respect to which Part 2 of the Act does not apply) for “Charity
10
Commissioners” substitute “Charity Commission”.
London County Council (General Powers) Act 1947 (c. xlvi)
32    (1)
Section 6 of the London County Council (General Powers) Act 1947 (saving
for certain trusts) is amended as follows.
      (2)
In subsection (2)—
15
(a)
for “Charity Commissioners” substitute “Charity Commission”, and
(b)
at the end add “; but this is subject to subsection (3)”.
      (3)
After subsection (2) add—
“(3)
In relation to any disposition of land falling within section 36(1) of
the Charities Act 1993, the Council or the borough council may,
20
instead 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 section 36(2) to (8) of that Act as are applicable.”
London County Council (General Powers) Act 1951 (c. xli)
33
In section 33(6) of the London County Council (General Powers) Act 1951
25
(improvement of roadside amenities: saving for certain land) for “Charity
Commissioners” substitute “Charity Commission”.
City of London (Various Powers) Act 1952 (c. vi)
34
In section 4(6) of the City of London (Various Powers) Act 1952
(improvement of amenities) for “Charity Commissioners” substitute
30
“Charity Commission”.
City of London (Guild Churches) Act 1952 (c. xxxviii)
35
In section 35 of the City of London (Guild Churches) Act 1952 (saving of
rights of certain persons) for “Charity Commissioners” substitute “Charity
Commission”.
35
London County Council (General Powers) Act 1955 (c. xxix)
36    (1)
Section 34 of the London County Council (General Powers) Act 1955
(powers as to erection of buildings: saving for certain land and buildings) is
amended as follows.

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
136

      (2)
In subsection (2)—
(a)
for “Charity Commissioners” substitute “Charity Commission”, and
(b)
at the end add “; but this is subject to subsection (3)”.
      (3)
After subsection (2) add—
“(3)
In relation to any disposition of land falling within section 36(1) of
5
the Charities Act 1993, the Council may, instead 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 section 36(2) to
(8) of that Act as are applicable.”
Parochial Church Councils (Powers) Measure 1956 (No. 3)
10
37
In section 6(5) of the Parochial Church Councils (Powers) Measure 1956
(consents required for transactions relating to certain property) for “Charity
Commissioners” substitute “Charity Commission”.
Church Funds Investment Measure 1958 (No. 1)
38
Section 5 of the Church Funds Investment Measure 1958 (jurisdiction of
15
Charity Commissioners) is omitted.
Incumbents and Churchwardens (Trusts) Measure 1964 (No. 2)
39
The Incumbents and Churchwardens (Trusts) Measure 1964 has effect
subject to the following amendments.
40
In section 2(3) (property to which Measure applies) for “Charity
20
Commissioners” substitute “Charity Commission”.
41
In section 3(6) (vesting of property in diocesan authority: saving) for
“Charity Commissioners” substitute “Charity Commission”.
42
In section 5 (provisions as to property vested in the diocesan authority) for
“Charity Commissioners” substitute “Charity Commission”.
25
43    (1)
The Schedule (procedure where diocesan authority is of the opinion that
Measure applies to an interest) is amended as follows.
      (2)
In paragraph 2 for “Charity Commissioners” substitute “Charity
Commission”.
      (3)
In paragraph 3—
30
(a)
for “Charity Commissioners” substitute “Charity Commission”,
(b)
for “they think” (in both places) substitute “it thinks”, and
(c)
for “the Commissioners” substitute “the Commission”.
      (4)
In paragraph 5—
(a)
for “Charity Commissioners have” substitute “Charity Commission
35
has”, and
(b)
for “they” substitute “it”.

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
137

Faculty Jurisdiction Measure 1964 (No. 5)
44
In section 4(2) of the Faculty Jurisdiction Measure 1964 (sale of books in
parochial libraries under a faculty) for “Charity Commissioners” substitute
“Charity Commission”.
Industrial and Provident Societies Act 1965 (c. 12)
5
45
In section 7D(4) of the Industrial and Provident Societies Act 1965
(application of sections 7A and 7B to charitable societies) for “Charity
Commissioners” substitute “Charity Commission”.
Clergy Pensions (Amendment) Measure 1967 (No. 1)
46
In section 4(5) of the Clergy Pensions (Amendment) Measure 1967
10
(amendments of powers of Board relating to provision of residences) for
“Charity Commissioners” and “said Commissioners” substitute “Charity
Commission”.
Ministry of Housing and Local Government Provisional Order Confirmation (Greater London
Parks and Open Spaces) Act 1967 (c. xxix)
15
47
In article 11(3) of the order set out in the Schedule to the Ministry of Housing
and Local Government Provisional Order Confirmation (Greater London
Parks and Open Spaces) Act 1967 (exercise of powers under articles 7 to 10
of the order) for “Charity Commissioners” substitute “Charity
Commission”.
20
Redundant Churches and other Religious Buildings Act 1969 (c. 22)
48
The Redundant Churches and other Religious Buildings Act 1969 has effect
subject to the following amendments.
49    (1)
Section 4 (transfer of certain redundant places of worship) is amended as
follows.
25
      (2)
In subsections (6), (7) and (8) for “Charity Commissioners” substitute
“Charity Commission”.
      (3)
In subsection (6) for “Commissioners’” substitute “Commission’s”.
      (4)
In subsection (8) for “they have” substitute “it has”.
      (5)
After subsection (8) insert—
30
“(8A)
Schedule 1C to the Charities Act 1993 shall apply in relation to an
order made by virtue of subsection (8) above as it applies in relation
to an order made under section 16(1) of that Act.”
50
In section 7(2) (saving) for “Charity Commissioners” (in both places)
substitute “Charity Commission”.
35
Children and Young Persons Act 1969 (c. 54)
51
In Schedule 3 to the Children and Young Persons Act 1969 (approved
schools and other institutions), in paragraph 6(3), for “Charity
Commissioners” substitute “Charity Commission”.

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
138

Synodical Government Measure 1969 (No. 2)
52    (1)
Schedule 3 to the Synodical Government Measure 1969 (which sets out the
Church Representation Rules) is amended as follows.
      (2)
In Rule 46A(a)—
(a)
for “Charity Commissioners” substitute “Charity Commission”, and
5
(b)
for “them” substitute “it”.
      (3)
In Section 4 of Appendix I to those Rules (which sets out certain forms), in
Note 3—
(a)
for “Charity Commissioners” substitute “Charity Commission”, and
(b)
for “them” substitute “it”.
10
      (4)
In Section 6 of that Appendix, in the Note—
(a)
for “Charity Commissioners” substitute “Charity Commission”, and
(b)
for “them” substitute “it”.
      (5)
In Appendix II to those Rules (general provisions relating to parochial
church councils), in paragraph 16, for “Charity Commissioners” substitute
15
“Charity Commission”.
Local Government Act 1972 (c. 70)
53
In section 131(3) of the Local Government Act 1972 (savings in relation to
charity land) for “Charity Commissioners” substitute “Charity
Commission”.
20
Consumer Credit Act 1974 (c. 39)
54
In section 16 of the Consumer Credit Act 1974 (exempt agreements), in the
table in subsection (3A) and in subsections (8) and (9), for “Charity
Commissioners” substitute “Charity Commission”.
Endowments and Glebe Measure 1976 (No. 4)
25
55
The Endowments and Glebe Measure 1976 has effect subject to the following
amendments.
56
In section 11(2) (extinguishment of certain trusts) for “the Charity
Commissioners” substitute “the Charity Commission or in accordance with
such provisions of section 36(2) to (8) of the Charities Act 1993 as are
30
applicable”.
57
In section 18(2) (means by which land may become diocesan) for “Charity
Commissioners” substitute “Charity Commission”.
Interpretation Act 1978 (c. 30)
58
In Schedule 1 to the Interpretation Act 1978 (words and expressions defined)
35
for the definition of “Charity Commissioners” substitute—
““Charity Commission” means the Charity Commission for
England and Wales established by section 1A of the Charities
Act 1993.”

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
139

Dioceses Measure 1978 (No. 1)
59
The Dioceses Measure 1978 has effect subject to the following amendments.
60
In section 5(1) (preparation of draft scheme: meaning of “interested
parties”), in paragraph (e), for “the Charity Commissioners” substitute “the
Charity Commission”.
5
61
In section 19(4) (schemes with respect to discharge of functions of diocesan
bodies corporate, etc.) for “Charity Commissioners” substitute “Charity
Commission”.
Disused Burial Grounds (Amendment) Act 1981 (c. 18)
62
In section 6 of the Disused Burial Grounds (Amendment) Act 1981 (saving
10
for Charity Commission) for “Charity Commissioners” substitute “Charity
Commission”.
Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
63
In Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982
(street trading) for paragraph 1(2)(j) substitute—
15
“(j)
conducting a public charitable collection that—
(i)
is conducted in accordance with section 48 or 49 of
the Charities Act 2005, or
(ii)
is an exempt collection by virtue of section 50 of
that Act.”
20
Administration of Justice Act 1982 (c. 53)
64
In section 41(1) of the Administration of Justice Act 1982 (transfer of funds
in court to official custodian for charities and Church Commissioners) for
“Charity Commissioners” substitute “Charity Commission”.
Pastoral Measure 1983 (No. 1)
25
65
The Pastoral Measure 1983 has effect subject to the following amendments.
66
In section 55(1) (schemes under the Charities Act 1993 for redundant chapels
belonging to charities) for “Charity Commissioners” substitute “Charity
Commission”.
67
In section 63(4) (trusts for the repair etc. of redundant buildings and
30
contents) for “the Charity Commissioners given under the hand of an
Assistant Commissioner” substitute “the Charity Commission”.
68
In section 76(1) (grant of land for new churches etc. and vesting of certain
churches) for “Charity Commissioners” substitute “Charity Commission”.
69
In Schedule 3, in paragraph 11(1), (2), (6) and (7), for “Charity
35
Commissioners” substitute “Charity Commission”.
Rates Act 1984 (c. 33)
70
In section 3(9) of the Rates Act 1984 (expenditure levels) for “, or excepted
from registration, under section 3 of the Charities Act 1993” substitute “in

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
140

accordance with section 3A of the Charities Act 1993 or not required to be
registered (by virtue of subsection (2) of that section)”.
Companies Act 1985 (c. 6)
71
The Companies Act 1985 has effect subject to the following amendments.
72    (1)
Section 380 (registration of resolutions) is amended as follows.
5
      (2)
In subsection (4), at the beginning insert “Except as mentioned in subsection
(4ZA),”.
      (3)
After subsection (4) insert—
“(4ZA)
Paragraphs (a) and (c) of subsection (4) do not apply to the
resolutions of a charitable company mentioned in paragraphs (a) and
10
(b) respectively of section 69G(6) of the Charities Act 1993.”
73
In Schedule 15D (permitted disclosures of information), in paragraph 21, for
“Charity Commissioners to exercise their” substitute “Charity Commission
to exercise its”.
Housing Act 1985 (c. 68)
15
74    (1)
Section 6A of the Housing Act 1985 (definition of “Relevant Authority”) is
amended as follows.
      (2)
In subsection (2) for “Charity Commissioners” substitute “Charity
Commission”.
      (3)
In subsection (5)—
20
(a)
for “under section 3” substitute “in accordance with section 3A”, and
(b)
omit the words from “and is not” onwards.
Housing Associations Act 1985 (c. 69)
75
In section 10(1) of the Housing Associations Act 1985 (dispositions excepted
from section 9 of that Act) for “Charity Commissioners” (in both places)
25
substitute “Charity Commission”.
Agricultural Holdings Act 1986 (c. 5)
76
In section 86(4) of the Agricultural Holdings Act 1986 (power of landlord to
obtain charge on holding) for “Charity Commissioners” substitute “Charity
Commission”.
30
Coal Industry Act 1987 (c. 3)
77    (1)
Section 5 of the Coal Industry Act 1987 (coal industry trusts) is amended as
follows.
      (2)
In subsection (1)—
(a)
for “Charity Commissioners” (in the first place) substitute “Charity
35
Commission (“the Commission”)”,
(b)
for “to them” substitute “to the Commission”,
(c)
for “Charity Commissioners” (in the second place) substitute
“Commission”, and