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Charities Bill [HL]


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

162

 

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

Commission”.

157   (1)  

Section 80 (supervision by Commissioners of certain Scottish charities) is

amended as follows.

      (2)  

In subsection (1) for paragraph (c) and the “and” preceding it substitute—

“(c)   

sections 19 to 19B, and

10

(d)   

section 31A,”.

      (3)  

In subsection (2)—

(a)   

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

satisfied”,

(b)   

for “they may make” substitute “it may make”, and

15

(c)   

for “their approval” substitute “the Commission’s approval”.

      (4)  

In subsection (3)—

(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

      (5)  

In subsection (4)—

(a)   

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

satisfied”,

(b)   

for “supplied to them” substitute “supplied to it”, and

(c)   

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

25

Commission”.

      (6)  

In subsection (5)—

(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

as follows.

      (2)  

In subsection (1)—

(a)   

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

40

Commission”, and

(b)   

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

 

 

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

163

 

      (3)  

In subsection (4)—

(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

      (3)  

In subsection (3)—

(a)   

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

Commission”, and

(b)   

for “the Commissioners consider” substitute “the Commission

considers”.

15

      (4)  

In subsection (4) after “above” insert “or Schedule 5A,”.

161   (1)  

Section 87 (enforcement of requirement by order of Commissioners) is

amended as follows.

      (2)  

In subsection (1)—

(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

Commission”.

      (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

Commission”.

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

follows.

      (2)  

In subsection (1)—

35

(a)   

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

Commission”,

(b)   

for “the Commissioners think” substitute “the Commission thinks”,

(c)   

for “the Commissioners exercise” substitute “the Commission

exercises”, and

40

(d)   

for “to them, they may” substitute “to it, it may”.

 

 

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

164

 

      (3)  

In subsection (2)—

(a)   

for “the Commissioners make” substitute “the Commission makes”,

(b)   

for “they may themselves” substitute “the Commission may itself”,

and

(c)   

for “they think fit” substitute “it thinks fit”.

5

      (4)  

In subsection (3)—

(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”.

      (6)  

At the end add—

“(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)

substitute—

“(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).

(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

follows.

      (2)  

In subsection (1) for the definition of “charity” substitute—

““charity” has the meaning given by section 1(1) of the Charities

40

Act 2005;”.

      (3)  

In subsections (5) and (6) for “The Commissioners” substitute “The

Commission”.

 

 

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

165

 

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;”

and

(c)   

at the appropriate place insert—

““members”, in relation to a charity with a body of

members distinct from the charity trustees, means

10

any of those members;”

““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

Wales”.

171   (1)  

Schedule 5 (meaning of “connected person” for the purposes of section 36(2))

is amended as follows.

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)

above;”;

           

and in paragraph (f)(i) of that sub-paragraph, for “(e)” substitute “(ea)”.

      (5)  

In paragraph 2—

(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)”.

 

 

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

166

 

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;

and.

      (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—

 

“The Charity Commission.

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

Commission”.

      (3)  

In paragraph 4(1)—

(a)   

for “Charity Commissioners consider” substitute “Charity

Commission considers”, and

(b)   

for “they” substitute “it”.

25

      (4)  

In paragraph 5(2)—

(a)   

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

(b)   

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

Commission”.

      (5)  

In paragraph 6—

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”.

 

 

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

167

 

Housing Act 1996 (c. 52)        

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

Commission”.

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

substitute—

“(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

Act;

           

and in this sub-paragraph “gross income” and “accounts

threshold” have the same meanings as in section 43 of the

40

Charities Act 1993.”

      (5)  

In paragraph 28(4) (notification upon exercise of certain powers in relation

to registered charities) for “Charity Commissioners” substitute “Charity

Commission”.

 

 

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

168

 

School Standards and Framework Act 1998 (c. 31)

186        

The School Standards and Framework Act 1998 has effect subject to the

following amendments.

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

Act 1993”.

      (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

provision applies.”

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

Trustee Act 2000 (c. 29)

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)

in paragraph 5(4)—

(a)   

for “under section 3” substitute “in accordance with section 3A”, and

(b)   

for “subsection (5)” substitute “subsection (2)”.

 

 

 
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