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Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27) |
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193 | The Companies (Audit, Investigations and Community Enterprise) Act 2004 |
| |
has effect subject to the following amendments. |
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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 |
| |
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(b) | for “any officer or employee appointed under paragraph 2(1) of |
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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) |
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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 |
| |
| |
| | Functions under the Charities Act |
| | | | | 1993 (c. 10) or the Charities Act |
| | 25 | | | | | |
|
200 | In Schedule 8 (certain permitted disclosures of restricted information held |
| |
by the Board), for the entry relating to the Charity Commissioners |
| |
| |
| | Functions under the Charities Act |
| | 30 | | | 1993 (c. 10) or the Charities Act |
| | | | | | | |
|
|
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|
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|
| Short title and chapter or title and |
| Extent of repeal or revocation |
| | | | | | | | | Charities Act 1993 (c. 10)— |
| | | | | | In Schedule 2, in paragraph (b) the words “and |
| | | | (c. 10)—cont.Charities Act |
| the colleges of Winchester and Eton”, and |
| | 5 | | | | | | | | In Schedule 6, paragraphs 1(2), 26, 28 and 29(2) |
| | | | | | | | | National Lottery etc. Act 1993 |
| In Schedule 5, paragraph 12. |
| | | | | | | 10 | | Local Government (Wales) Act |
| In Schedule 16, paragraph 99. |
| | | | | | | | | Deregulation and Contracting |
| | | | | | | | | | | In section 58(1)(b), the words from “and is not” |
| | 15 | | | | | | | Teaching and Higher Education |
| | | | | | In Schedule 3, paragraph 9. |
| | | | | In section 23(1), the words “which are exempt |
| | | | Framework Act 1998 (c. 31) |
| charities for the purposes of the Charities Act |
| | 20 | | | | | | | | In Schedule 30, paragraph 48. |
| | | | | | | | | | | | | | (Abolition) Regulations 2001 |
| | | 25 | | | | | | | Regulatory Reform (National |
| | | | | Health Service Charitable |
| | | | | | | | | | Accounts and Audit) Order |
| | | 30 | | | | | |
|
|
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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 |
| |
|
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|
continuing to be charitable if they constitute a charity in accordance with |
| |
section 1(1) of this Act. |
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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 |
| |
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 |
| |
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 |
| |
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 |
| |
| 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 |
| |
| |
(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 |
| |
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(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 |
| |
| |
|
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|
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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 |
| |
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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 |
| |
| |
(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 |
| |
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(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 |
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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. |
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(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 |
| |
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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. |
| |
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|
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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 |
| |
| 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 |
| |
| |
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 |
| |
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|
| |
|
| |
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| 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 |
| |
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 |
| |
| |
(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 |
| |
| |
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 |
| |
| |
(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 |
| |
(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 |
| |
| 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. |
| |
|
| |
|