|
| |
|
155 | In section 77(1) (reviews of local charities by local authority) for “the |
| |
Commissioners” substitute “the Commission”. |
| |
156 (1) | Section 79 (parochial charities) is amended as follows. |
| |
(2) | In subsection (1) for “the Commissioners” substitute “the Commission”. |
| |
(3) | In subsection (2) for “the Commissioners” (in both places) substitute “the |
| 5 |
| |
157 (1) | Section 80 (supervision by Commissioners of certain Scottish charities) is |
| |
| |
(2) | In subsection (1) for paragraph (c) and the “and” preceding it substitute— |
| |
“(c) | sections 19 to 19B, and |
| 10 |
| |
| |
(a) | for “the Commissioners are satisfied” substitute “the Commission is |
| |
| |
(b) | for “they may make” substitute “it may make”, and |
| 15 |
(c) | for “their approval” substitute “the Commission’s approval”. |
| |
| |
(a) | for “the Commissioners” substitute “the Commission”, |
| |
(b) | for “their being” substitute “the Commission being”, and |
| |
(c) | for “supplied to them” substitute “supplied to it”. |
| 20 |
| |
(a) | for “the Commissioners are satisfied” substitute “the Commission is |
| |
| |
(b) | for “supplied to them” substitute “supplied to it”, and |
| |
(c) | for “the Commissioners” (in the second place) substitute “the |
| 25 |
| |
| |
(a) | for “Commissioners” (in each place) substitute “Commission”, |
| |
(b) | for “they consider” substitute “it considers”, and |
| |
(c) | for “they have received” substitute “it has received”. |
| 30 |
(7) | In the sidenote, for “Commissioners” substitute “Commission”. |
| |
158 (1) | Section 84 (supply by Commissioners of copies of documents open to public |
| |
inspection) is amended as follows. |
| |
(2) | For “The Commissioners” substitute “The Commission”. |
| |
(3) | For “their possession” substitute “the Commission’s possession”. |
| 35 |
(4) | In the sidenote, for “Commissioners” substitute “Commission”. |
| |
159 (1) | Section 85 (fees and other amounts payable to Commissioners) is amended |
| |
| |
| |
(a) | for “the Commissioners” (in both places) substitute “the |
| 40 |
| |
(b) | for “kept by them” substitute “kept by the Commission”. |
| |
|
| |
|
| |
|
| |
(a) | for “The Commissioners” substitute “The Commission”, |
| |
(b) | for “they consider” substitute “it considers”, and |
| |
(c) | for “by them” substitute “by it”. |
| |
(4) | In subsection (5) for “the Commissioners” substitute “the Commission”. |
| 5 |
(5) | In the sidenote, for “Commissioners” substitute “Commission”. |
| |
160 (1) | Section 86 (regulations and orders) is amended as follows. |
| |
(2) | In subsection (2)(a)— |
| |
(a) | after “17(2),” insert “73F(6)”, and |
| |
(b) | after “99(2)” insert “or paragraph 6 of Schedule 1C”. |
| 10 |
| |
(a) | for “the Commissioners” (in the first place) substitute “the |
| |
| |
(b) | for “the Commissioners consider” substitute “the Commission |
| |
| 15 |
(4) | In subsection (4) after “above” insert “or Schedule 5A,”. |
| |
161 (1) | Section 87 (enforcement of requirement by order of Commissioners) is |
| |
| |
| |
(a) | for “the Commissioners” substitute “the Commission”, and |
| 20 |
(b) | for “they consider” substitute “it considers”. |
| |
(3) | In subsection (2) for “the Commissioners” (in both places) substitute “the |
| |
| |
(4) | In the sidenote, for “Commissioners” substitute “Commission”. |
| |
162 (1) | Section 88 (enforcement of orders of Commissioners) is amended as follows. |
| 25 |
(2) | For paragraph (a) substitute— |
| |
“(a) | to an order of the Commission under section 9(1), 19A, 19B, |
| |
44(2), 61, 73, 73C or 80 above; or”. |
| |
(3) | In paragraphs (b) and (c) for “the Commissioners” substitute “the |
| |
| 30 |
(4) | For “the Commissioners to” substitute “the Commission to”. |
| |
(5) | In the sidenote, for “Commissioners” substitute “Commission”. |
| |
163 (1) | Section 89 (other provisions as to orders of Commissioners) is amended as |
| |
| |
| 35 |
(a) | for “the Commissioners” (in the first place) substitute “the |
| |
| |
(b) | for “the Commissioners think” substitute “the Commission thinks”, |
| |
(c) | for “the Commissioners exercise” substitute “the Commission |
| |
| 40 |
(d) | for “to them, they may” substitute “to it, it may”. |
| |
|
| |
|
| |
|
| |
(a) | for “the Commissioners make” substitute “the Commission makes”, |
| |
(b) | for “they may themselves” substitute “the Commission may itself”, |
| |
| |
(c) | for “they think fit” substitute “it thinks fit”. |
| 5 |
| |
(a) | for “The Commissioners” substitute “The Commission”, |
| |
(b) | for “they have” substitute “it has”, |
| |
(c) | for “they are” substitute “it is”, |
| |
(d) | for “to them” substitute “to it”. |
| 10 |
(5) | In subsection (4) for “the Commissioners” substitute “the Commission”. |
| |
| |
“(5) | Any order made by the Commission under any provision of this Act |
| |
may be varied or revoked by a subsequent order so made.” |
| |
(7) | In the sidenote, for “Commissioners” substitute “Commission”. |
| 15 |
164 | In section 90 (directions of the Commissioners) for “the Commissioners” (in |
| |
each place including the sidenote) substitute “the Commission”. |
| |
165 | In section 91 (service of orders and directions), in subsections (1), (4) and (5), |
| |
for “the Commissioners” (in each place) substitute “the Commission”. |
| |
166 | Omit section 92 (appeals from Commissioners). |
| 20 |
167 | In section 93 (miscellaneous provisions as to evidence), for subsection (3) |
| |
| |
“(3) | Evidence of any order, certificate or other document issued by the |
| |
Commission may be given by means of a copy which it retained, or |
| |
which is taken from a copy so retained, and evidence of an entry in |
| 25 |
any register kept by it may be given by means of a copy of the entry, |
| |
if (in each case) the copy is certified in accordance with subsection |
| |
| |
(4) | The copy shall be certified to be a true copy by any member of the |
| |
staff of the Commission generally or specially authorised by the |
| 30 |
Commission to act for that purpose. |
| |
(5) | A document purporting to be such a copy shall be received in |
| |
evidence without proof of the official position, authority or |
| |
handwriting of the person certifying it. |
| |
(6) | In subsection (3) above “the Commission” includes the Charity |
| 35 |
Commissioners for England and Wales.” |
| |
168 (1) | Section 96 (construction of references to a “charity” etc.) is amended as |
| |
| |
(2) | In subsection (1) for the definition of “charity” substitute— |
| |
““charity” has the meaning given by section 1(1) of the Charities |
| 40 |
| |
(3) | In subsections (5) and (6) for “The Commissioners” substitute “The |
| |
| |
|
| |
|
| |
|
169 | In section 97(1) (interpretation)— |
| |
(a) | in the definition of “charitable purposes”, for “charitable according |
| |
to the law of England and Wales;” substitute “charitable purposes as |
| |
defined by section 2(1) of the Charities Act 2005;”; |
| |
(b) | for the definition of “the Commissioners” substitute— |
| 5 |
““the Commission” means the Charity Commission;” |
| |
| |
(c) | at the appropriate place insert— |
| |
““members”, in relation to a charity with a body of |
| |
members distinct from the charity trustees, means |
| 10 |
| |
““principal regulator”, in relation to an exempt charity, |
| |
means the charity’s principal regulator within the |
| |
meaning of section 13 of the Charities Act 2005;” |
| |
““the Tribunal” means the Charity Tribunal;”. |
| 15 |
170 | In paragraph (a) of Schedule 2 (exempt charities) for “the Commissioners” |
| |
(in the first place) substitute “the Charity Commissioners for England and |
| |
| |
171 (1) | Schedule 5 (meaning of “connected person” for the purposes of section 36(2)) |
| |
| 20 |
(2) | In paragraph 1 for the words preceding paragraphs (a) to (g) substitute— |
| |
“(1) | In section 36(2) of this Act “connected person”, in relation to a |
| |
charity, means any person who falls within sub-paragraph (2)— |
| |
(a) | at the time of the disposition in question, or |
| |
(b) | at the time of any contract for the disposition in question. |
| 25 |
(2) | The persons falling within this sub-paragraph are—”. |
| |
(3) | Paragraphs (a) to (g) of paragraph 1 become paragraphs (a) to (g) of sub- |
| |
paragraph (2) (as inserted by sub-paragraph (2) above). |
| |
(4) | After paragraph (e) of sub-paragraph (2) (as so inserted) insert— |
| |
“(ea) | a person carrying on business in partnership with any |
| 30 |
person falling within any of sub-paragraphs (a) to (e) |
| |
| |
| and in paragraph (f)(i) of that sub-paragraph, for “(e)” substitute “(ea)”. |
| |
| |
(a) | in sub-paragraph (1), for “1(c)” substitute “1(2)(c)”, |
| 35 |
(b) | in sub-paragraph (2), for “1(e)” substitute “1(2)(e)”, and |
| |
(c) | after that sub-paragraph add— |
| |
“(3) | Where two persons of the same sex are not civil partners |
| |
but live together as if they were, each of them shall be |
| |
treated for those purposes as the civil partner of the other.” |
| 40 |
(6) | In paragraph 3 for “1(f)” substitute “1(2)(f)”. |
| |
(7) | In paragraph 4(1) for “1(g)” substitute “1(2)(g)”. |
| |
|
| |
|
| |
|
Deregulation and Contracting Out Act 1994 (c. 40) |
| |
172 (1) | Section 79 of the Deregulation and Contracting Out Act 1994 (interpretation |
| |
of Part 2) is amended as follows. |
| |
(2) | For subsection (3)(a) substitute— |
| |
(a) | any reference to a Minister included a reference to the Forestry |
| 5 |
Commissioners or to the Charity Commission; |
| |
(b) | any reference to an officer in relation to the Charity Commission |
| |
were a reference to a member or member of staff of the Commission; |
| |
| |
(3) | In subsection (4) after “those Commissioners” insert “or that Commission”. |
| 10 |
Pensions Act 1995 (c. 26) |
| |
173 | In section 107(1) of the Pensions Act 1995 (disclosure for facilitating |
| |
discharge of functions by other supervisory authorities), for the entry in the |
| |
Table relating to the Charity Commissioners substitute— |
| |
| | Functions under the Charities Act |
| | 15 | | | 1993 or the Charities Act 2005.” |
| | |
|
Reserve Forces Act 1996 (c. 14) |
| |
174 (1) | Schedule 5 to the Reserve Forces Act 1996 (charitable property on |
| |
disbanding of units) is amended as follows. |
| |
(2) | In paragraph 1(2) for “the Charity Commissioners” substitute “the Charity |
| 20 |
| |
| |
(a) | for “Charity Commissioners consider” substitute “Charity |
| |
Commission considers”, and |
| |
(b) | for “they” substitute “it”. |
| 25 |
| |
(a) | for “Charity Commissioners” substitute “Charity Commission”, and |
| |
(b) | for “the Commissioners” (in both places) substitute “the |
| |
| |
| 30 |
(a) | for “Charity Commissioners” substitute “Charity Commission”, |
| |
(b) | for “the Commissioners” substitute “the Commission”, and |
| |
(c) | for “their” substitute “its”. |
| |
Trusts of Land and Appointment of Trustees Act 1996 (c. 47) |
| |
175 | In section 6(7) of the Trusts of Land and Appointment of Trustees Act 1996 |
| 35 |
(limitation on general powers of trustees) for “Charity Commissioners” |
| |
substitute “Charity Commission”. |
| |
|
| |
|
| |
|
| |
176 | The Housing Act 1996 has effect subject to the following amendments. |
| |
177 | In section 3(3) (registration as social landlord) for “Charity Commissioners” |
| |
substitute “Charity Commission”. |
| |
178 | In section 4(6) (removal from the register of social landlords) for “Charity |
| 5 |
Commissioners” substitute “Charity Commission”. |
| |
179 | In section 6(3) (notice of appeal against decision on removal) for “Charity |
| |
Commissioners” substitute “Charity Commission”. |
| |
180 | In section 44(3) (consultation on proposals as to ownership and management |
| |
of landlord’s land) for “Charity Commissioners” substitute “Charity |
| 10 |
| |
181 | In section 45(4) (service of copy of agreed proposals) for “Charity |
| |
Commissioners” substitute “Charity Commission”. |
| |
182 | In section 46(2) (notice of appointment of manager to implement agreed |
| |
proposals) for “Charity Commissioners” substitute “Charity Commission”. |
| 15 |
183 | In section 56(2) (meaning of “the Relevant Authority”) for “Charity |
| |
Commissioners” substitute “Charity Commission”. |
| |
184 | In section 58(1)(b) (definitions relating to charities)— |
| |
(a) | for “under section 3” substitute “in accordance with section 3A”, and |
| |
(b) | omit the words from “and is not” onwards. |
| 20 |
185 (1) | Schedule 1 (regulation of registered social landlords) is amended as follows. |
| |
(2) | In paragraph 6(2) (exercise of power to appoint new director or trustee) for |
| |
“Charity Commissioners” substitute “Charity Commission”. |
| |
(3) | In paragraph 10 (change of objects by certain charities)— |
| |
(a) | in sub-paragraphs (1) and (2) for “Charity Commissioners” (in each |
| 25 |
place) substitute “Charity Commission”, and |
| |
(b) | in sub-paragraph (2) for “their” substitute “its”. |
| |
(4) | In paragraph 18(4), for paragraphs (a) and (b) and the words following them |
| |
| |
“(a) | the charity’s gross income arising in connection with its |
| 30 |
housing activities exceeds the sum for the time being |
| |
specified in section 43(1)(a) of the Charities Act 1993, or |
| |
(b) | the charity’s gross income arising in that connection |
| |
exceeds the accounts threshold and at the end of that |
| |
period the aggregate value of its assets (before deduction |
| 35 |
of liabilities) in respect of its housing activities exceeds the |
| |
sum for the time being specified in section 43(1)(b) of that |
| |
| |
| and in this sub-paragraph “gross income” and “accounts |
| |
threshold” have the same meanings as in section 43 of the |
| 40 |
| |
(5) | In paragraph 28(4) (notification upon exercise of certain powers in relation |
| |
to registered charities) for “Charity Commissioners” substitute “Charity |
| |
| |
|
| |
|
| |
|
School Standards and Framework Act 1998 (c. 31) |
| |
186 | The School Standards and Framework Act 1998 has effect subject to the |
| |
| |
187 (1) | Section 23 is amended as follows. |
| |
(2) | In subsection (1) (certain school bodies to be charities that are exempt |
| 5 |
charities) omit “which are exempt charities for the purposes of the Charities |
| |
| |
(3) | After that subsection insert— |
| |
“(1A) | Any body to which subsection (1)(a) or (b) applies is an institution to |
| |
which section 3A(4)(b) of the Charities Act 1993 applies (institutions |
| 10 |
to be excepted from registration under that Act).” |
| |
(4) | In subsection (2) (connected bodies that are to be exempt charities) for the |
| |
words from “also” onwards substitute “be treated for the purposes of section |
| |
3A(4)(b) of the Charities Act 1993 as if it were an institution to which that |
| |
| 15 |
(5) | In subsection (3) (status of certain foundations) for the words from “which |
| |
(subject” onwards substitute “, and is an institution to which section 3A(4)(b) |
| |
of the Charities Act 1993 applies.” |
| |
188 | In Schedule 1 (education action forums), in paragraph 10, for the words from |
| |
“which is” onwards substitute “within the meaning of the Charities Act |
| 20 |
1993, and is an institution to which section 3A(4)(b) of that Act applies |
| |
(institutions to be excepted from registration under that Act).” |
| |
Cathedrals Measure 1999 (No. 1) |
| |
189 | In section 34 of the Cathedrals Measure 1999 (charities) for “Charity |
| |
Commissioners” substitute “Charity Commission”. |
| 25 |
| |
190 | In section 19(4) of the Trustee Act 2000 (guidance concerning persons who |
| |
may be appointed as nominees or custodians) for “Charity Commissioners” |
| |
substitute “Charity Commission”. |
| |
Churchwardens Measure 2001 (No. 1) |
| 30 |
191 | In section 2(1) of the Churchwardens Measure 2001 (person disqualified |
| |
from being churchwarden if disqualified from being a charity trustee)— |
| |
(a) | for “Charity Commissioners” substitute “Charity Commission”, and |
| |
(b) | for “them” substitute “it”. |
| |
Licensing Act 2003 (c. 17) |
| 35 |
192 | In Schedule 2 to the Licensing Act 2003 (provision of late night refreshment) |
| |
| |
(a) | for “under section 3” substitute “in accordance with section 3A”, and |
| |
(b) | for “subsection (5)” substitute “subsection (2)”. |
| |
|
| |
|