Charities Bill [HL]

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Charities Bill [HL]

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
141

(d)
for “they consider” substitute “the Commission considers”.
      (3)
In subsection (2) for “Charity Commissioners consider” (in both places)
substitute “Commission considers”.
      (4)
In subsections (4) and (6) for “Charity Commissioners” substitute
“Commission”.
5
      (5)
In subsection (7)—
(a)
for “Charity Commissioners” substitute “Commission”,
(b)
for “their powers” substitute “its powers”,
(c)
for “they consider” substitute “it considers”, and
(d)
for “the Charities Act 1960” substitute “the Charities Act 1993”.
10
      (6)
In subsection (8)—
(a)
for “16(3), (9), (11) to (14)” substitute “16(3) and (9)”,
(b)
for “and 20” substitute “, 20 and 20A”,
(c)
for “Charity Commissioners” substitute “Commission”,
(d)
for “their powers” substitute “its powers”, and
15
(e)
for “91 and 92” substitute “and 91”.
      (7)
In subsection (8A)—
(a)
for “Commissioners” (in both places) substitute “Commission”,
(b)
for “they were proceeding” substitute “the Commission was
proceeding”, and
20
(c)
for “to them” substitute “to it”.
      (8)
After subsection (8A) insert—
“(8B)
Schedule 1C to the Charities Act 1993 shall apply in relation to an
order made under this section as it applies in relation to an order
made under section 16(1) of that Act.”
25
      (9)
In subsection (9) for “Charity Commissioners” substitute “Commission”.
     (10)
In subsection (10)(b) for “Charity Commissioners” substitute “Commission”.
Reverter of Sites Act 1987 (c. 15)
78
The Reverter of Sites Act 1987 has effect subject to the following
amendments.
30
79    (1)
Section 2 (Charity Commissioners’ schemes) is amended as follows.
      (2)
In subsection (1) for “Charity Commissioners” substitute “Charity
Commission”.
      (3)
For subsection (3) substitute—
“(3)
The charitable purposes specified in an order made under this
35
section on an application with respect to any trust shall be such as the
Charity Commission consider appropriate, having regard to the
matters set out in subsection (3A).
(3A)
The matters are—
(a)
the desirability of securing that the property is held for
40
charitable purposes (“the new purposes”) which are close to
the purposes, whether charitable or not, for which the

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
142

trustees held the relevant land before the cesser of use in
consequence of which the trust arose (“the former purposes);
and
(b)
the need for the new purposes to be capable of having a
significant social or economic effect.
5
(3B)
In determining the character of the former purposes, the
Commission may, if they think it appropriate to do so, give greater
weight to the persons or locality benefited by those purposes than to
the nature of the benefit.”
      (4)
In subsection (5)—
10
(a)
for “Charity Commissioners” substitute “Charity Commission”,
(b)
in paragraph (c), for “Commissioners’” and “them” substitute
“Commission’s” and “it”, and
(c)
in paragraph (d), for “Commissioners have” substitute “Commission
has”.
15
      (5)
In subsection (7) for “Charity Commissioners” substitute “Charity
Commission”.
      (6)
In subsection (8)—
(a)
for “Commissioners’” substitute “Commission’s”,
(b)
for “they think” substitute “it thinks”, and
20
(c)
for “Commissioners decide” substitute “Commission decides”.
      (7)
In the sidenote, for “Charity Commissioners’” substitute “Charity
Commission’s”.
80    (1)
Section 4 (provisions supplemental to sections 2 and 3) is amended as
follows.
25
      (2)
In subsection (1)—
(a)
for “Charity Commissioners think” substitute “Charity Commission
thinks”;
(b)
for “Commissioners’” substitute “Commission’s”; and
(c)
for “the Commissioners think” substitute “the Commission thinks”.
30
      (3)
For subsections (2) and (3) substitute—
“(2)
Schedule 1C to the Charities Act 1993 shall apply in relation to an
order made under section 2 above as it applies in relation to an order
made under section 16(1) of that Act, except that the persons who
may bring an appeal against an order made under section 2 above
35
are—
(a)
the 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;
40
(d)
any person interested in the purposes for which the last-
mentioned 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
45
situated;

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
143

(f)
any other person who is or may be affected by the order.”
      (4)
In subsection (4)—
(a)
for “Sections 89, 91 and 92” substitute “Sections 89 and 91”, and
(b)
omit “and appeals” and (in both places) “, and to appeals against,”.
81
In section 5(3) (orders under section 554 of the Education Act 1996)—
5
(a)
for “Charity Commissioners” (in both places) substitute “Charity
Commission”;
(b)
for “the Commissioners” substitute “the Commission”; and
(c)
for “them” substitute “it”.
Education Reform Act 1988 (c. 40)
10
82
For section 125A of the Education Reform Act 1988 substitute—
“125A
Charitable status of a higher education corporation
A higher education corporation shall be a charity within the meaning
of the Charities Act 1993 (and in accordance with Schedule 2 to that
Act is an exempt charity for the purposes of that Act).”
15
Courts and Legal Services Act 1990 (c. 41)
83
In Schedule 11 to the Courts and Legal Services Act 1990 (judges etc. barred
from legal practice) for the entry beginning “Charity Commissioner”
substitute “Member of the Charity Commission appointed as provided in
Schedule 1A to the Charities Act 1993”.
20
London Local Authorities Act 1990 (c. vii)
84    (1)
In section 4(1) of the London Local Authorities Act 1990 (interpretation of
Part 2), in paragraph (iv) of the definition of “night cafe”, for the words from
“under section 3” to “thereof” substitute “in accordance with section 3A of
the Charities Act 1993 or is not required to be registered (by virtue of
25
subsection (2) of that section)”.
      (2)
Sub-paragraph (1) ceases to have effect on the coming into force of the repeal
of section 4 of the London Local Authorities Act 1990 by Schedule 7 to the
Licensing Act 2003 (c. 17).
London Local Authorities Act 1991 (c. xiii)
30
85
In section 4 of the London Local Authorities Act 1991 (interpretation of Part
2), in paragraph (d) of the definition of “establishment for special treatment”,
for the words from “under section 3” to “that section” substitute “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)”.
35

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
144

Further and Higher Education Act 1992 (c. 13)
86
For section 22A of the Further and Higher Education Act 1992 substitute—
“22A
Charitable status of a further education corporation
A further education corporation shall be a charity within the
meaning of the Charities Act 1993 (and in accordance with Schedule
5
2 to that Act is an exempt charity for the purposes of that Act).”
Charities Act 1992 (c. 41)
87
The 1992 Act has effect subject to the following amendments.
88    (1)
Section 58 (interpretation of Part 2) is amended as follows.
      (2)
In subsection (2)—
10
(a)
in paragraph (c) for “to be treated as a promoter of such a collection
by virtue of section 65(3)” substitute “a promoter of such a collection
as defined in section 47(1) of the Charities Act 2005”, and
(b)
for “Part III of this Act” substitute “Chapter 1 of Part 3 of the Charities
Act 2005”.
15
      (3)
In subsection (4) for “whether or not the purposes are charitable within the
meaning of any rule of law” substitute “as defined by section 2(1) of the
Charities Act 2005”.
89
Omit Part 3 (public charitable collections).
90
In section 76(1) (service of documents) omit paragraph (c) and the “and”
20
preceding it.
91    (1)
Section 77 (regulations and orders) is amended as follows.
      (2)
In subsection (1)(b) for “subsection (2)” substitute “subsections (2) and (2A)”.
      (3)
After subsection (2) insert—
“(2A)
Subsection (1)(b) does not apply to regulations under section 64A,
25
and no such regulations may be made unless a draft of the statutory
instrument containing the regulations has been laid before, and
approved by a resolution of, each House of Parliament.”
      (4)
In subsection (4)—
(a)
after “64” insert “or 64A”; and
30
(b)
omit “or 73”.
Charities Act 1993 (c. 10)
92
The 1993 Act has effect subject to the following amendments.
93    (1)
Section 2 (official custodian for charities) is amended as follows.
      (2)
For subsection (2) substitute—
35
“(2)
Such individual as the Commission may from time to time designate
shall be the official custodian.”
      (3)
In subsection (3), for “Commissioners” (in both places) substitute
“Commission”.

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
145

      (4)
In subsection (4)—
(a)
for “officer of the Commissioners” substitute “member of the staff of
the Commission”, and
(b)
for “by them” substitute “by it”.
      (5)
In subsection (7) omit the words from “and the report” onwards.
5
      (6)
After subsection (7) add—
“(8)
The Comptroller and Auditor General shall send to the Commission
a copy of the accounts as certified by him together with his report on
them.
(9)
The Commission shall publish and lay before Parliament a copy of
10
the documents sent to it under subsection (8) above.”
94    (1)
Section 4 (claims and objections to registration) is amended as follows.
      (2)
In subsection (2)—
(a)
for “the Commissioners” substitute “the Commission”, and
(b)
for “to them” substitute “to the Commission”.
15
      (3)
Omit subsection (3).
      (4)
In subsection (4)—
(a)
for “High Court” substitute “Tribunal”,
(b)
for “the Commissioners” (in the first and third places) substitute “the
Commission”, and
20
(c)
for “the Commissioners are” substitute “the Commission is”.
      (5)
In subsection (5)—
(a)
for “subsection (3) above” substitute “Schedule 1C to this Act”,
(b)
for “the Commissioners” (in both places) substitute “the
Commission”, and
25
(c)
omit “, whether given on such an appeal or not”.
95    (1)
Section 6 (power to require charity’s name to be changed) is amended as
follows.
      (2)
For “Commissioners” (in each place including the sidenote) substitute
“Commission”.
30
      (3)
In subsection (5) for “section 3(7)(b) above” substitute “section 3B(3)”.
96
For the heading for Part 3 substitute “Commission’s Information Powers”.
97    (1)
Section 8 (power to institute inquiries) is amended as follows.
      (2)
In subsection (1) for “The Commissioners” substitute “The Commission”.
      (3)
In subsection (2)—
35
(a)
for “The Commissioners” substitute “The Commission”,
(b)
for “themselves” substitute “itself”, and
(c)
for “to them” substitute “to the Commission”.
      (4)
In subsection (3) for “the Commissioners, or a person appointed by them”
substitute “the Commission, or a person appointed by the Commission”.
40
      (5)
In subsection (5) for “The Commissioners” substitute “The Commission”.

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
146

      (6)
In subsection (6)—
(a)
for “the Commissioners” substitute “the Commission”,
(b)
for “they think” substitute “the Commission thinks”,
(c)
for “their opinion” substitute “the Commission’s opinion”, and
(d)
for “to them” substitute “to the Commission”.
5
      (7)
In subsection (7) for “the Commissioners” substitute “the Commission”.
98    (1)
Section 9 (power to call for documents and search records) is amended as
follows.
      (2)
In subsection (1)—
(a)
for “The Commissioners” substitute “The Commission”,
10
(b)
for “furnish them” (in both places) substitute “furnish the
Commission”,
(c)
for “their functions” (in both places) substitute “the Commission’s
functions”, and
(d)
for “them for their” substitute “the Commission for its”.
15
      (3)
In subsection (2)—
(a)
for “officer of the Commissioners, if so authorised by them”
substitute “member of the staff of the Commission, if so authorised
by it”, and
(b)
for “the Commissioners” (in the second place) substitute “the
20
Commission”.
      (4)
In subsection (3)—
(a)
for “The Commissioners” substitute “The Commission”,
(b)
for “to them” (in the first place) substitute “to it”,
(c)
for “to them” (in the second place) substitute “to the Commission”,
25
(d)
for “their inspection” substitute “it to inspect”, and
(e)
for “the Commissioners” substitute “the Commission”.
      (5)
After subsection (5) add—
“(6)
In subsection (2) the reference to a member of the staff of the
Commission includes the official custodian even if he is not a
30
member of the staff of the Commission.”
99    (1)
Section 10 (disclosure of information) is amended as follows.
      (2)
For subsection (1) substitute—
“(1)
Any person or body to whom this section applies may disclose
information to the Commission if the disclosure is made for the
35
purpose of enabling or assisting the Commission to discharge any of
its functions.
(1A)
Subsection (1) above has effect subject to—
(a)
subsection (2) below, and
(b)
any express restriction imposed by or under any other
40
enactment.”
      (3)
In subsection (2) for “the Charity Commissioners” substitute “the
Commission”.
      (4)
Omit subsection (3).

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
147

      (5)
In subsection (4)—
(a)
for “the Charity Commissioners” substitute “the Commission”,
(b)
for “by them” substitute “by the Commission”,
(c)
for “the Commissioners” substitute “the Commission”, and
(d)
for “their functions” substitute “the Commission’s functions”.
5
      (6)
In subsection (5)—
(a)
for “the Charity Commissioners” substitute “the Commission”,
(b)
for “the Commissioners, the Commissioners’” substitute “the
Commission, the Commission’s”, and
(c)
for “by them” substitute “by it”.
10
      (7)
In subsection (7) for “the Charity Commissioners” substitute “the
Commission”.
      (8)
In the sidenote, for “Commissioners” substitute “Commission”.
100   (1)
Section 11 (supply of false or misleading information) is amended as
follows.
15
      (2)
For “Commissioners” (in each place including the sidenote) substitute
“Commission”.
      (3)
In subsection (1)(b) for “their functions” substitute “its functions”.
101
In the heading for Part 4 for “and Commissioners” substitute “and
Commission”.
20
102   (1)
Section 14 (application cy-près of gifts of donors unknown or disclaiming) is
amended as follows.
      (2)
In subsection (6) for “the Commissioners so direct” substitute “the
Commission so directs”.
      (3)
In subsection (8) for “the Commissioners” substitute “the Commission”.
25
      (4)
In subsection (9)—
(a)
for “the Commissioners” (in both places) substitute “the
Commission”, and
(b)
for “they think fit” substitute “it thinks fit”.
103
In the heading preceding section 16 for “Powers of Commissioners” substitute
30
“Powers of Commission”.
104   (1)
Section 16 (concurrent jurisdiction of Commissioners with High Court) is
amended as follows.
      (2)
In subsection (1) for “the Commissioners” substitute “the Commission”.
      (3)
In subsection (2)—
35
(a)
for “the Commissioners for them” substitute “the Commission for it”,
and
(b)
for “the Commissioners” (in the second place) substitute “the
Commission”.
      (4)
In subsection (3) for “The Commissioners” substitute “The Commission”.
40
      (5)
In subsection (4) for “the Commissioners shall not exercise their” substitute
“the Commission shall not exercise its”.