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Charities Bill [HL]


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

148

 

      (6)  

In subsection (5)—

(a)   

for “income from all sources does not in aggregate” substitute “gross

income does not”, and

(b)   

for “the Commissioners may exercise their” substitute “the

Commission may exercise its”.

5

      (7)  

In subsection (6)—

(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

“the Commission”, and

10

(d)   

for “they act” substitute “it acts”.

      (8)  

In subsection (7)—

(a)   

for “the Commissioners” (in the first and third places) substitute “the

Commission”, and

(b)   

for “the Commissioners consider” substitute “the Commission

15

considers”.

      (9)  

In subsection (8)—

(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”.

     (11)  

In subsection (10)—

(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

Commission”.

     (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.

      (2)  

In subsection (1)—

(a)   

for “the Commissioners” (in both places) substitute “the

Commission”, and

(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

Commission”.

      (5)  

In subsection (6)—

(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”.

 

 

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

149

 

      (7)  

In subsection (8)—

(a)   

for “the Commissioners are” substitute “the Commission is”, and

(b)   

for “the Commissioners” (in the second place) substitute “the

Commission”.

106   (1)  

Section 18 (power to act for protection of charities) is amended as follows.

5

      (2)  

In subsection (1)—

(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

may of its”,

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

receiver”.

15

      (3)  

In subsection (2)—

(a)   

for “the Commissioners are” substitute “the Commission is”, and

(b)   

for “the Commissioners may of their” substitute “the Commission

may of its”.

      (4)  

In subsection (4)—

20

(a)   

for “The Commissioners” substitute “The Commission”, and

(b)   

for “their own motion” substitute “its own motion”.

      (5)  

In subsection (5)—

(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”,

and

(c)   

for “the Commissioners are of” (in both places) substitute “the

Commission is of”.

      (6)  

In subsection (6)—

30

(a)   

for “the Commissioners” (in both places) substitute “the

Commission”,

(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”.

      (9)  

In subsection (12)—

(a)   

for “the Commissioners” substitute “the Commission”, and

(b)   

for “their intention” substitute “its intention”.

     (10)  

In subsection (13)—

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

 

 

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

150

 

(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.”

      (3)  

In subsection (2)—

(a)   

for “the Commissioners” (in both places) substitute “the

Commission”, and

10

(b)   

for “receiver and manager” substitute “interim manager”.

      (4)  

In subsection (3) for “receiver and manager” (in both places) substitute

“interim manager”.

      (5)  

In subsection (4)—

(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

Commission”.

      (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)

below—

25

(a)   

to the charity concerned (if a body corporate), or

(b)   

(if not) to each of the charity trustees.

(2)   

The documents are—

(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

Kingdom.

 

 

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

151

 

(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.

      (2)  

In subsection (1)—

(a)   

for “the Commissioners” (in both places) substitute “the

10

Commission”,

(b)   

for “by them of their own” substitute “by the Commission of its

own”, and

(c)   

for “appear to them” substitute “appear to the Commission”.

      (3)  

In subsection (2)—

15

(a)   

for “the Commissioners (of their own motion)” substitute “the

Commission (of its own motion)”, and

(b)   

omit “or them”.

      (4)  

In subsection (3)—

(a)   

for “the Commissioners” (in the first and second places) substitute

20

“the Commission”, and

(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

Commission”.

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

Commission”.

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”.

      (3)  

In subsection (2)—

35

(a)   

for “the Commissioners” (in both places) substitute “the

Commission”, and

(b)   

for “by them” substitute “by the Commission”.

      (4)  

In subsection (3)—

(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”.

 

 

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

152

 

      (5)  

In subsection (4)—

(a)   

for “to them” substitute “to the Commission”, and

(b)   

for “the Commissioners determine” substitute “the Commission

determines”.

116   (1)  

Section 28 (power to give directions about dormant bank accounts) is

5

amended as follows.

      (2)  

In subsection (1)—

(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”.

      (3)  

In subsection (3)—

(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”.

      (4)  

In subsection (5)—

(a)   

for “the Commissioners have been” substitute “the Commission has

been”,

(b)   

for “the Commissioners” (in the second and third places) substitute

20

“the Commission”,

(c)   

for “they shall revoke” substitute “it shall revoke”, and

(d)   

for “by them” substitute “by it”.

      (5)  

In subsection (7)—

(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

Commission is informed”.

      (7)  

In subsection (9)—

30

(a)   

for “the Commissioners have” substitute “the Commission has”, and

(b)   

for “the Commissioners” (in the second place) substitute “the

Commission”.

117   (1)  

Section 30 (powers for preservation of charity documents) is amended as

follows.

35

      (2)  

In subsection (1) for “The Commissioners” substitute “The Commission”.

      (3)  

In subsection (2) for “Commissioners” (in each place) substitute

“Commission”.

      (4)  

In subsection (3)—

(a)   

for “the Commissioners” (in the first place) substitute “the

40

Commission”,

(b)   

for “with them” substitute “with the Commission”,

 

 

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

153

 

(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”.

      (6)  

In subsection (5)—

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

is”.

119   (1)  

Section 32 (proceedings by Commissioners) is amended as follows.

      (2)  

In subsections (1) and (3) for “the Commissioners” substitute “the

Commission”.

15

      (3)  

In subsection (5)—

(a)   

for “the Commissioners” substitute “the Commission”, and

(b)   

for “by them of their own” substitute “by the Commission of its

own”.

      (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”.

      (3)  

In subsection (3)—

(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

Commission”.

      (5)  

In subsection (7)—

(a)   

for “the Commissioners” (in both places) substitute “the

30

Commission”, and

(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

Commission”.

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.

      (2)  

In subsection (1)—

(a)   

for “sold” substitute “conveyed, transferred”, and

40

(b)   

for “the Commissioners” substitute “the Commission”.

 

 

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

154

 

      (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)  

In subsection (6)—

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.”

      (7)  

In subsection (8)—

(a)   

for “The Commissioners” substitute “The Commission”,

15

(b)   

for “the Commissioners are satisfied” substitute “the Commission is

satisfied”, and

(c)   

for “for them” substitute “for the Commission”.

124        

In section 37 (supplementary provisions relating to dispositions), in

subsections (2) and (4)—

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

follows.

      (2)  

In subsections (2)(a) and (4) for “the Commissioners” substitute “the

Commission”.

      (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

in that subsection.

(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—

 

 

 
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