|
| |
|
| |
(a) | for “income from all sources does not in aggregate” substitute “gross |
| |
| |
(b) | for “the Commissioners may exercise their” substitute “the |
| |
Commission may exercise its”. |
| 5 |
| |
(a) | for “the Commissioners are” substitute “the Commission is”, |
| |
(b) | for “the Commissioners have” substitute “the Commission has”, |
| |
(c) | for “the Commissioners” (in the third and fourth places) substitute |
| |
| 10 |
(d) | for “they act” substitute “it acts”. |
| |
| |
(a) | for “the Commissioners” (in the first and third places) substitute “the |
| |
| |
(b) | for “the Commissioners consider” substitute “the Commission |
| 15 |
| |
| |
(a) | for “The Commissioners” substitute “The Commission”, and |
| |
(b) | for “their jurisdiction” substitute “its jurisdiction”. |
| |
(10) | In subsection (9) for “the Commissioners shall give notice of their” substitute |
| 20 |
“the Commission shall give notice of its”. |
| |
| |
(a) | for “The Commissioners shall not exercise their” substitute “The |
| |
Commission shall not exercise its”, and |
| |
(b) | for “the Commissioners” (in the second place) substitute “the |
| 25 |
| |
(12) | Omit subsections (11) to (14). |
| |
(13) | In subsection (15)(b) for “the Commissioners may exercise their” substitute |
| |
“the Commission may exercise its”. |
| |
105 (1) | Section 17 (further power to make schemes or alter application of charitable |
| 30 |
property) is amended as follows. |
| |
| |
(a) | for “the Commissioners” (in both places) substitute “the |
| |
| |
(b) | for “by them” substitute “by the Commission”. |
| 35 |
(3) | In subsection (2) for “the Commissioners” substitute “the Commission”. |
| |
(4) | In subsection (4) for “the Commissioners” (in both places) substitute “the |
| |
| |
| |
(a) | for “Commissioners” (in both places) substitute “Commission”, |
| 40 |
(b) | for “if they were” substitute “if the Commission was”, and |
| |
(c) | for “to them” substitute “to it”. |
| |
(6) | In subsection (7) for “the Commissioners” substitute “the Commission”. |
| |
|
| |
|
| |
|
| |
(a) | for “the Commissioners are” substitute “the Commission is”, and |
| |
(b) | for “the Commissioners” (in the second place) substitute “the |
| |
| |
106 (1) | Section 18 (power to act for protection of charities) is amended as follows. |
| 5 |
| |
(a) | for “after they have” substitute “after it has”, |
| |
(b) | for “the Commissioners are” substitute “the Commission is”, |
| |
(c) | for “the Commissioners may of their” substitute “the Commission |
| |
| 10 |
(d) | for “as they consider” substitute “as it considers”, |
| |
(e) | for “the Commissioners” (in the third, fourth and fifth places) |
| |
substitute “the Commission”, and |
| |
(f) | for “a receiver” substitute “an interim manager, who shall act as |
| |
| 15 |
| |
(a) | for “the Commissioners are” substitute “the Commission is”, and |
| |
(b) | for “the Commissioners may of their” substitute “the Commission |
| |
| |
| 20 |
(a) | for “The Commissioners” substitute “The Commission”, and |
| |
(b) | for “their own motion” substitute “its own motion”. |
| |
| |
(a) | for “The Commissioners may by order made of their” substitute “The |
| |
Commission may by order made of its”, |
| 25 |
(b) | for “removed by them” substitute “removed by the Commission”, |
| |
| |
(c) | for “the Commissioners are of” (in both places) substitute “the |
| |
| |
| 30 |
(a) | for “the Commissioners” (in both places) substitute “the |
| |
| |
(b) | for “their own motion” substitute “its own motion”, and |
| |
(c) | for “by them” substitute “by it”. |
| |
(7) | Omit subsections (8) to (10). |
| 35 |
(8) | In subsection (11) for “the Commissioners” substitute “the Commission”. |
| |
| |
(a) | for “the Commissioners” substitute “the Commission”, and |
| |
(b) | for “their intention” substitute “its intention”. |
| |
| 40 |
(a) | for “The Commissioners” substitute “The Commission”, |
| |
(b) | for “they think fit” substitute “it thinks fit”, |
| |
(c) | for “by them” substitute “by it”, |
| |
(d) | for “to them” substitute “to the Commission”, and |
| |
|
| |
|
| |
|
(e) | for “they shall” substitute “the Commission shall”. |
| |
107 (1) | Section 19 (supplementary provisions relating to receiver and manager |
| |
appointed for a charity) is amended as follows. |
| |
(2) | For subsection (1) substitute— |
| |
“(1) | The Commission may under section 18(1)(vii) above appoint to be |
| 5 |
interim manager in respect of a charity such person (other than a |
| |
member of its staff) as it thinks fit.” |
| |
| |
(a) | for “the Commissioners” (in both places) substitute “the |
| |
| 10 |
(b) | for “receiver and manager” substitute “interim manager”. |
| |
(4) | In subsection (3) for “receiver and manager” (in both places) substitute |
| |
| |
| |
(a) | for “receiver and manager” substitute “interim manager”, and |
| 15 |
(b) | for “the Commissioners” substitute “the Commission”. |
| |
(6) | In subsections (6)(c) and (7) for “the Commissioners” substitute “the |
| |
| |
(7) | In the sidenote for “receiver and manager” substitute “interim manager”. |
| |
108 | After section 19B (inserted by section 21 of this Act) insert— |
| 20 |
“19C | Copy of order under section 18, 18A, 19A or 19B, and Commission’s |
| |
reasons, to be sent to charity |
| |
(1) | Where the Commission makes an order under section 18, 18A, 19A |
| |
or 19B, it must send the documents mentioned in subsection (2) |
| |
| 25 |
(a) | to the charity concerned (if a body corporate), or |
| |
(b) | (if not) to each of the charity trustees. |
| |
| |
(a) | a copy of the order, and |
| |
(b) | a statement of the Commission’s reasons for making it. |
| 30 |
(3) | The documents must be sent to the charity or charity trustees as soon |
| |
as practicable after the making of the order. |
| |
(4) | The Commission need not, however, comply with subsection (3) |
| |
above in relation to the documents, or (as the case may be) the |
| |
statement of its reasons, if it considers that to do so— |
| 35 |
(a) | would prejudice any inquiry or investigation, or |
| |
(b) | would not be in the interests of the charity; |
| |
| but, once the Commission considers that this is no longer the case, it |
| |
must send the documents, or (as the case may be) the statement, to |
| |
the charity or charity trustees as soon as practicable. |
| 40 |
(5) | Nothing in this section requires any document to be sent to a person |
| |
who cannot be found or who has no known address in the United |
| |
| |
|
| |
|
| |
|
(6) | Any documents required to be sent to a person under this section |
| |
may be sent to, or otherwise served on, that person in the same way |
| |
as an order made by the Commission under this Act could be served |
| |
on him in accordance with section 91 below.” |
| |
109 | In section 22(3) (property vested in official custodian) for “the |
| 5 |
Commissioners” substitute “the Commission”. |
| |
110 (1) | Section 23 (divestment in case of land subject to Reverter of Sites Act 1987 |
| |
(c. 15)) is amended as follows. |
| |
| |
(a) | for “the Commissioners” (in both places) substitute “the |
| 10 |
| |
(b) | for “by them of their own” substitute “by the Commission of its |
| |
| |
(c) | for “appear to them” substitute “appear to the Commission”. |
| |
| 15 |
(a) | for “the Commissioners (of their own motion)” substitute “the |
| |
Commission (of its own motion)”, and |
| |
| |
| |
(a) | for “the Commissioners” (in the first and second places) substitute |
| 20 |
| |
(b) | for “the Commissioners is or are” substitute “the Commission is”. |
| |
111 | In section 24 (schemes to establish common investment funds), in |
| |
subsections (1) and (2), for “the Commissioners” substitute “the |
| |
| 25 |
112 | In section 25(1) (schemes to establish common deposit funds) for “the |
| |
Commissioners” substitute “the Commission”. |
| |
113 | For the heading preceding section 26 substitute “Additional powers of |
| |
| |
114 | In section 26(1) (power to authorise dealings with charity property)— |
| 30 |
(a) | for “the Commissioners” substitute “the Commission”, and |
| |
(b) | for “they may” substitute “the Commission may”. |
| |
115 (1) | Section 27 (power to authorise ex gratia payments) is amended as follows. |
| |
(2) | In subsection (1) for “the Commissioners” substitute “the Commission”. |
| |
| 35 |
(a) | for “the Commissioners” (in both places) substitute “the |
| |
| |
(b) | for “by them” substitute “by the Commission”. |
| |
| |
(a) | for “the Commissioners for them” substitute “the Commission for it”, |
| 40 |
(b) | for “they are not” substitute “it is not”, |
| |
(c) | for “they consider” substitute “the Commission considers”, |
| |
(d) | for “by them” substitute “by the Commission”, and |
| |
(e) | for “they shall” substitute “the Commission shall”. |
| |
|
| |
|
| |
|
| |
(a) | for “to them” substitute “to the Commission”, and |
| |
(b) | for “the Commissioners determine” substitute “the Commission |
| |
| |
116 (1) | Section 28 (power to give directions about dormant bank accounts) is |
| 5 |
| |
| |
(a) | for “the Commissioners” substitute “the Commission”, |
| |
(b) | for “are informed” substitute “is informed”, |
| |
(c) | for “are unable” substitute “is unable”, and |
| 10 |
(d) | for “they may give” substitute “it may give”. |
| |
| |
(a) | for “Commissioners” (in both places) substitute “Commission”, |
| |
(b) | for “they consider” substitute “it considers”, |
| |
(c) | for “to them” substitute “to the Commission”, and |
| 15 |
(d) | for “they have received” substitute “it has received”. |
| |
| |
(a) | for “the Commissioners have been” substitute “the Commission has |
| |
| |
(b) | for “the Commissioners” (in the second and third places) substitute |
| 20 |
| |
(c) | for “they shall revoke” substitute “it shall revoke”, and |
| |
(d) | for “by them” substitute “by it”. |
| |
| |
(a) | for “the Commissioners” substitute “the Commission”, and |
| 25 |
(b) | for “them to discharge their functions” substitute “the Commission |
| |
to discharge its functions”. |
| |
(6) | In subsection (8)(a) for “the Commissioners are informed” substitute “the |
| |
| |
| 30 |
(a) | for “the Commissioners have” substitute “the Commission has”, and |
| |
(b) | for “the Commissioners” (in the second place) substitute “the |
| |
| |
117 (1) | Section 30 (powers for preservation of charity documents) is amended as |
| |
| 35 |
(2) | In subsection (1) for “The Commissioners” substitute “The Commission”. |
| |
(3) | In subsection (2) for “Commissioners” (in each place) substitute |
| |
| |
| |
(a) | for “the Commissioners” (in the first place) substitute “the |
| 40 |
| |
(b) | for “with them” substitute “with the Commission”, |
| |
|
| |
|
| |
|
(c) | for “officer of the Commissioners generally or specially authorised |
| |
by them” substitute “member of the staff of the Commission |
| |
generally or specially authorised by the Commission”. |
| |
(5) | In subsection (4) for “the Commissioners” substitute “the Commission”. |
| |
| 5 |
(a) | for “the Commissioners” substitute “the Commission”, |
| |
(b) | for “by them” substitute “by the Commission”, and |
| |
(c) | for “with them” substitute “with the Commission”. |
| |
118 (1) | Section 31 (power to order taxation of solicitor’s bill) is amended as follows. |
| |
(2) | In subsection (1) for “The Commissioners” substitute “The Commission”. |
| 10 |
(3) | In subsection (3) for “the Commissioners are” substitute “the Commission |
| |
| |
119 (1) | Section 32 (proceedings by Commissioners) is amended as follows. |
| |
(2) | In subsections (1) and (3) for “the Commissioners” substitute “the |
| |
| 15 |
| |
(a) | for “the Commissioners” substitute “the Commission”, and |
| |
(b) | for “by them of their own” substitute “by the Commission of its |
| |
| |
(4) | In the sidenote, for “Commissioners” substitute “Commission”. |
| 20 |
120 (1) | Section 33 (proceedings by other persons) is amended as follows. |
| |
(2) | In subsection (2) for “the Commissioners” substitute “the Commission”. |
| |
| |
(a) | for “The Commissioners” substitute “The Commission”, |
| |
(b) | for “their opinion” substitute “its opinion”, and |
| 25 |
(c) | for “by them” substitute “by the Commission”. |
| |
(4) | In subsections (5) and (6) for “the Commissioners” substitute “the |
| |
| |
| |
(a) | for “the Commissioners” (in both places) substitute “the |
| 30 |
| |
(b) | for “they think” substitute “the Commission thinks”. |
| |
121 | In section 34 (report of inquiry to be evidence in certain proceedings), in |
| |
subsections (1) and (2), for “the Commissioners” substitute “the |
| |
| 35 |
122 | In section 35(1) (application of certain provisions to trust corporations) for |
| |
“the Commissioners” substitute “the Commission”. |
| |
123 (1) | Section 36 (restrictions on dispositions) is amended as follows. |
| |
| |
(a) | for “sold” substitute “conveyed, transferred”, and |
| 40 |
(b) | for “the Commissioners” substitute “the Commission”. |
| |
|
| |
|
| |
|
(3) | In subsection (3) after “subsection (5) below,” insert “the requirements |
| |
mentioned in subsection (2)(b) above are that”. |
| |
(4) | In subsection (5) after “consideration of a fine),” insert “the requirements |
| |
mentioned in subsection (2)(b) above are that”. |
| |
| 5 |
(a) | for “sold” substitute “conveyed, transferred”, and |
| |
(b) | for “previously” substitute “before the relevant time”. |
| |
(6) | After subsection (6) insert— |
| |
“(6A) | In subsection (6) above “the relevant time” means— |
| |
(a) | where the charity trustees enter into an agreement for the |
| 10 |
sale, or (as the case may be) for the lease or other disposition, |
| |
the time when they enter into that agreement, and |
| |
(b) | in any other case, the time of the disposition.” |
| |
| |
(a) | for “The Commissioners” substitute “The Commission”, |
| 15 |
(b) | for “the Commissioners are satisfied” substitute “the Commission is |
| |
| |
(c) | for “for them” substitute “for the Commission”. |
| |
124 | In section 37 (supplementary provisions relating to dispositions), in |
| |
| 20 |
(a) | for “sold” substitute “conveyed, transferred”, and |
| |
(b) | for “the Commissioners” substitute “the Commission”. |
| |
125 | In section 38(1) (restrictions on mortgaging) for “the Commissioners” |
| |
substitute “the Commission”. |
| |
126 (1) | Section 39 (supplementary provisions relating to mortgaging) is amended as |
| 25 |
| |
(2) | In subsections (2)(a) and (4) for “the Commissioners” substitute “the |
| |
| |
(3) | After subsection (4) insert— |
| |
“(4A) | Where subsection (3D) of section 38 above applies to any mortgage |
| 30 |
of land held by or in trust for a charity, the charity trustees shall |
| |
certify in relation to any transaction falling within that subsection |
| |
that they have obtained and considered such advice as is mentioned |
| |
| |
(4B) | Where subsection (4A) above has been complied with in relation to |
| 35 |
any transaction, then, in favour of a person who (whether under the |
| |
mortgage or afterwards) has acquired or acquires an interest in the |
| |
land for money or money’s worth, it shall be conclusively presumed |
| |
that the facts were as stated in the certificate.” |
| |
127 | In section 41(4) (obligation to preserve accounting records) for “the |
| 40 |
Commissioners consent” substitute “the Commission consents”. |
| |
128 (1) | Section 42 (annual statements of accounts) is amended as follows. |
| |
(2) | After subsection (2) insert— |
| |
|
| |
|