Charities Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Charities Bill [HL]

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
169

Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27)
193
The Companies (Audit, Investigations and Community Enterprise) Act 2004
has effect subject to the following amendments.
194
In section 39 (existing companies: charities), in subsections (1) and (2), for
“Charity Commissioners” substitute “Charity Commission”.
5
195
In section 40 (existing companies: Scottish charities), in subsections (4)(b)
and (6), for “Charity Commissioners” substitute “Charity Commission”.
196
In section 54(7) (requirements for becoming a charity or a Scottish charity)—
(a)
for “Charity Commissioners” substitute “Charity Commission”, and
(b)
for “their” substitute “its”.
10
197
In paragraph 4 of Schedule 3 (regulator of community interest companies)—
(a)
for “Chief Charity Commissioner” substitute “chairman of the
Charity Commission”, and
(b)
for “any officer or employee appointed under paragraph 2(1) of
Schedule 1 to the Charities Act 1993 (c. 10)” substitute “any other
15
member of the Commission appointed under paragraph 1(2) of
Schedule 1A to the Charities Act 1993 or any member of staff of the
Commission appointed under paragraph 5(1) of that Schedule”.
Pensions Act 2004 (c. 35)
198
The Pensions Act 2004 has effect subject to the following amendments.
20
199
In Schedule 3 (certain permitted disclosures of restricted information held
by the Regulator), for the entry relating to the Charity Commissioners
substitute—

“The Charity Commission.
Functions under the Charities Act

1993 (c. 10) or the Charities Act

25

2005.”

200
In Schedule 8 (certain permitted disclosures of restricted information held
by the Board), for the entry relating to the Charity Commissioners
substitute—

“The Charity Commission.
Functions under the Charities Act

30

1993 (c. 10) or the Charities Act

2005.”

Charities Bill [HL]
Schedule 9 — Repeals and Revocation
170

Schedule 9
Section 74

Repeals and Revocation

Short title and chapter or title and
Extent of repeal or revocation

number

Recreational Charities Act 1958
Section 2.

5

(c. 17)

Church Funds Investment
Section 5.

Measure 1958 (No. 1)

Charities Act 1960 (c. 58)
The whole Act.

Housing Act 1985 (c. 68)
In section 6A(5), the words from “and is not”

10

onwards.

Reverter of Sites Act 1987 (c. 15)
In section 4(4), the words “and appeals” and (in

both places) “, and to appeals against,”.

Charities Act 1992 (c. 41)
Part 1 (so far as unrepealed).

Part 3.

15

Section 76(1)(c) and the word “and” preceding

it.

In section 77(4), “or 73”.

Schedule 5.

In Schedule 6, paragraph 9.

20

Charities Act 1993 (c. 10)
Section 1.

In section 2(7), the words from “and the report”

onwards.

In section 4, subsection (3) and, in subsection

(5), the words “, whether given on such an

25

appeal or not”.

Section 6(9).

Section 9(4).

Section 10(3).

In section 16, in subsection (4)(c) the words “in

30

the case of a charity other than an exempt

charity,”, in subsection (5) the words “which

is not an exempt charity and”, and

subsections (11) to (14).

In section 17(7), the words from “but this

35

subsection” onwards.

Section 18(8) to (10).

In section 23(2), the words “or them”.

In section 24(8), the words from “; and if the

scheme” onwards.

40

Section 28(10).

In section 33, in each of subsections (2) and (7)

the words “(other than an exempt charity)”.

Section 44(3).

Section 46(8).

45

Section 61(7).

In section 73(4), the words “(other than an

exempt charity)”.

Section 92.

In section 96, in the definition of “exempt

50

charity” in subsection (1) the words “(subject

to section 24(8) above)”, and subsection (4).

Charities Bill [HL]
Schedule 10 — Transitional provisions and savings
171

Short title and chapter or title and
Extent of repeal or revocation

number

Charities Act 1993 (c. 10)—
Schedule 1.

cont.Charities Act 1993
In Schedule 2, in paragraph (b) the words “and

(c. 10)—cont.Charities Act
the colleges of Winchester and Eton”, and

5

1993 (c. 10)—cont.—
paragraphs (x) and (zb).

In Schedule 6, paragraphs 1(2), 26, 28 and 29(2)

to (4), (7) and (8).

National Lottery etc. Act 1993
In Schedule 5, paragraph 12.

(c. 39)

10

Local Government (Wales) Act
In Schedule 16, paragraph 99.

1994 (c. 19)

Deregulation and Contracting
Section 28.

Out Act 1994 (c. 40)
Section 29(7) and (8).

Housing Act 1996 (c. 52)
In section 58(1)(b), the words from “and is not”

15

onwards.

Teaching and Higher Education
Section 41.

Act 1998 (c. 30)
In Schedule 3, paragraph 9.

School Standards and
In section 23(1), the words “which are exempt

Framework Act 1998 (c. 31)
charities for the purposes of the Charities Act

20

1993”.

In Schedule 30, paragraph 48.

Intervention Board for
Regulation 6(11)(a).

Agricultural Produce

(Abolition) Regulations 2001

25

(S.I. 2001/3686)

Regulatory Reform (National
Article 3(5).

Health Service Charitable

and Non-Charitable Trust

Accounts and Audit) Order

30

2005 (S.I. 2005/1074)

Schedule 10
Section 74

Transitional provisions and savings
Section 4: guidance as to operation of public benefit requirement
1
Any consultation initiated by the Charity Commissioners for England and
35
Wales before the day on which section 4 of this Act comes into force is to be
as effective for the purposes of section 4(4)(a) as if it had been initiated by the
Commission on or after that day.
Section 5: recreational charities etc.
2
Where section 2 of the Recreational Charities Act 1958 (c. 17) applies to any
40
trusts immediately before the day on which subsection (3) of section 5 of this
Act comes into force, that subsection does not prevent the trusts from

Charities Bill [HL]
Schedule 10 — Transitional provisions and savings
172

continuing to be charitable if they constitute a charity in accordance with
section 1(1) of this Act.
Section 18: cy-près schemes
3
The amendment made by section 18 applies to property given for charitable
purposes whether before or on or after the day on which that section comes
5
into force.
Section 19: suspension or removal of trustee etc. from membership of charity
4
The amendment made by section 19 applies where the misconduct or other
relevant conduct on the part of the person suspended or removed from his
office or employment took place on or after the day on which section 19
10
comes into force.
Section 20: specific directions for protection of charity
5
The amendment made by section 20 applies whether the inquiry under
section 8 of the 1993 Act was instituted before or on or after the day on which
section 20 comes into force.
15
Section 26: offence of obstructing power of entry
6
In relation to an offence committed before the commencement of section
281(5) of the Criminal Justice Act 2003 (c. 44) (alteration of penalties for
summary offences), the reference to 51 weeks in section 31A(11) of the 1993
Act (as inserted by section 26 of this Act) is to be read as a reference to 3
20
months.
Section 28: audit or examination of accounts of charity which is not a company
7
The amendments made by section 28 apply in relation to any financial year
of a charity which begins on or after the day on which that section comes into
force.
25
Section 29: auditor etc. of charity which is not a company to report matters to Commission
8     (1)
The amendments made by section 29 apply in relation to matters (“pre-
commencement matters”) of which a person became aware at any time
falling—
(a)
before the day on which that section comes into force, and
30
(b)
during a financial year ending on or after that day,

as well as in relation to matters of which he becomes aware on or after that
day.
      (2)
Any duty imposed by or by virtue of the new section 44A(2) or 46(2A) of the
1993 Act inserted by section 29 must be complied with in relation to any such
35
pre-commencement matters as soon as practicable after section 29 comes
into force.

Charities Bill [HL]
Schedule 10 — Transitional provisions and savings
173

Section 32: audit or examination of accounts of charitable companies
9
The amendments made by section 32 apply in relation to any financial year
of a charity which begins on or after the day on which that section comes into
force.
Section 33: auditor etc. of charitable company to report matters to Commission
5
10    (1)
The amendment made by section 33 applies in relation to matters (“pre-
commencement matters”) of which a person became aware at any time
falling—
(a)
before the day on which that section comes into force, and
(b)
during a financial year ending on or after that day,
10

as well as in relation to matters of which he becomes aware on or after that
day.
      (2)
Any duty imposed by virtue of the new section 68A(1) of the 1993 Act
inserted by section 33 must be complied with in relation to any such pre-
commencement matters as soon as practicable after section 33 comes into
15
force.
Section 35: waiver of trustee’s disqualification
11
The amendment made by section 35 applies whether the disqualification
took effect before, on or after the day on which that section comes into force.
Section 36: remuneration of trustees etc. providing services to charity
20
12    (1)
This paragraph applies to the amendment made by section 36.
      (2)
That amendment does not affect the payment of remuneration or provision
of services in accordance with an agreement made before the day on which
section 36 comes into force.
      (3)
In relation to any time before section 1 of the Civil Partnership Act 2004
25
(c. 33) comes into force in relation to England and Wales, section 73B(5)(b) of
the 1993 Act (as inserted by section 36) has effect with the omission of the
reference to a civil partner.
Section 38: relief from liability for breach of trust or duty
13
Sections 73D and 73E of the 1993 Act (as inserted by section 38 of this Act)
30
have effect in relation to acts or omissions occurring before the day on which
section 38 comes into force as well as in relation to those occurring on or after
that day.
Section 44: registration of charity mergers
14
Section 75C of the 1993 Act (as inserted by section 44 of this Act) applies to
35
relevant charity mergers taking place before the day on which section 44
comes into force as well as to ones taking place on or after that day.

Charities Bill [HL]
Schedule 10 — Transitional provisions and savings
174

Section 67: statements relating to fund-raising
15
The amendments made by section 67 apply in relation to any solicitation or
representation to which section 60(1), (2) or (3) of the 1992 Act applies and
which is made on or after the day on which section 67 comes into force.
Schedule 6: group accounts
5
16
Paragraph 3(2) of the new Schedule 5A inserted in the 1993 Act by Schedule
6 to this Act does not apply in relation to any financial year of a parent
charity beginning before the day on which paragraph 3(2) comes into force.
Schedule 8: minor and consequential amendments
17
The following provisions, namely—
10
(a)
paragraphs 77(6) and (8), 80(3) and (4), 94(3), (4)(a) and (5)(a) and (c),
104(12), 106(7) and 166 of Schedule 8, and
(b)
the corresponding entries in Schedule 9,

do not affect the operation of the Coal Industry Act 1987 (c. 3), the Reverter
of Sites Act 1987 (c. 15) or the 1993 Act in relation to any appeal brought in
15
the High Court before the day on which those provisions come into force.
18
Paragraph 93(2) of Schedule 8 does not affect the validity of any designation
made by the Charity Commissioners for England and Wales under section
2(2) of the 1993 Act which is in effect immediately before that paragraph
comes into force.
20
19
In the amendment made by paragraph 128 of Schedule 8, the reference to a
civil partner does not apply in relation to any time before section 1 of the
Civil Partnership Act 2004 (c. 33) comes into force in relation to England and
Wales.
20
The amendment made by paragraph 171(5)(c) of Schedule 8 does not apply
25
in relation to any time before section 1 of the Civil Partnership Act 2004 (c.
33) comes into force in relation to England and Wales.
Schedule 9: savings on repeal of provisions of Charities Act 1960
21    (1)
This paragraph applies where, immediately before the coming into force of
the repeal by this Act of section 35(6) of the Charities Act 1960 (c. 58)
30
(transfer and evidence of title to property vested in trustees), any relevant
provision had effect, in accordance with that provision, as if contained in a
conveyance or other document declaring the trusts on which land was held
at the commencement of that Act.
      (2)
In such a case the relevant provision continues to have effect as if so
35
contained despite the repeal of section 35(6) of that Act.
      (3)
A “relevant provision” means a provision of any of the following Acts
providing for the appointment of trustees—
(a)
the Trustee Appointment Act 1850 (c.28),
(b)
the Trustee Appointment Act 1869 (c.26),
40
(c)
the Trustees Appointment Act 1890 (c.19), or
(d)
the School Sites Act 1852 (c. 49) so far as applying any of the above
Acts,

Charities Bill [HL]
Schedule 10 — Transitional provisions and savings
175


as in force at the commencement of the Charities Act 1960 (c. 58).
22
The repeal by this Act of section 39(2) of the Charities Act 1960 (repeal of
obsolete enactments) does not affect the continued operation of any trusts
which, at the commencement of that Act, were wholly or partly comprised
in an enactment specified in Schedule 5 to that Act (enactments repealed as
5
obsolete).
23
The repeal by this Act of section 48(1) of, and Schedule 6 to, the Charities Act
1960 (consequential amendments etc.) does not affect the amendments made
by Schedule 6 in—
(a)
section 9 of the Places of Worship Registration Act 1855 (c. 81),
10
(b)
section 4(1) of the Open Spaces Act 1906 (c. 25),
(c)
section 24(4) of the Landlord and Tenant Act 1927 (c. 36), or
(d)
section 14(1) or 31 of the New Parishes Measure 1943.
24
Despite the repeal by this Act of section 48(3) of the Charities Act 1960,
section 30(3) to (5) of the 1993 Act continue to apply to documents enrolled
15
by or deposited with the Charity Commissioners under the Charitable
Trusts Acts 1853 to 1939.
25
Despite the repeal by this Act of section 48(4) of the Charities Act 1960—
(a)
any scheme, order, certificate or other document issued under or for
the purposes of the Charitable Trusts Acts 1853 to 1939 and having
20
effect in accordance with section 48(4) immediately before the
commencement of that repeal continues to have the same effect (and
to be enforceable or liable to be discharged in the same way) as
would have been the case if that repeal had not come into force, and
(b)
any such document, and any document under the seal of the official
25
trustees of charitable funds, may be proved as if the 1960 Act had not
been passed.
26    (1)
Despite the repeal by this Act of section 48(6) of the Charities Act 1960, the
official custodian for charities is to continue to be treated as the successor for
all purposes both of the official trustee of charity lands and of the official
30
trustees of charitable funds as if—
(a)
the functions of the official trustee or trustees had been functions of
the official custodian, and
(b)
as if the official trustee or trustees had been, and had discharged his
or their functions as, holder of the office of the official custodian.
35
      (2)
Despite the repeal of section 48(6) (and without affecting the generality of
sub-paragraph (1))—
(a)
any property which immediately before the commencement of that
repeal was, by virtue of section 48(6), held by the official custodian
as if vested in him under section 21 of the 1993 Act continues to be so
40
held, and
(b)
any enactment or document referring to the official trustee or
trustees mentioned above continues to have effect, so far as the
context permits, as if the official custodian had been mentioned
instead.
45
27
The repeal by this Act of the Charities Act 1960 does not affect any
transitional provision or saving contained in that Act which is capable of
having continuing effect but whose effect is not preserved by any other
provision of this Schedule.