Charities Bill [HL]

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Charities Bill [HL]

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
133

(b)
for “them” substitute “it”.
5
In section 3 (how costs are to be defrayed) for “said Charity Commissioners”
(in both places) substitute “Charity Commission”.
Places of Worship Sites Amendment Act 1882 (c. 21)
6
In section 1(d) of the Places of Worship Sites Amendment Act 1882
5
(conveyance of lands by corporations and other public bodies) for “without
the consent of the Charity Commissioners” substitute “except with the
consent of the Charity Commission or in accordance with such provisions of
section 36(2) to (8) of the Charities Act 1993 as are applicable”.
Municipal Corporations Act 1882 (c. 50)
10
7
In section 133(2) of the Municipal Corporations Act 1882 (administration of
charitable trusts and vesting of legal estate) for “Charity Commissioners”
substitute “Charity Commission”.
Technical and Industrial Institutions Act 1892 (c. 29)
8
In section 9(1) of the Technical and Industrial Institutions Act 1892 (site may
15
be sold or exchanged) for “with the consent of the Charity Commissioners”
substitute “with the consent of the Charity Commission or in accordance
with such provisions of section 36(2) to (8) of the Charities Act 1993 as are
applicable”.
Local Government Act 1894 (c. 73)
20
9     (1)
In section 75(2) of the Local Government Act 1894 (construction of that Act)
the definition of “ecclesiastical charity” is amended as follows.
      (2)
In the second paragraph (proviso)—
(a)
for “Charity Commissioners” substitute “Charity Commission”, and
(b)
for “them” substitute “it”.
25
      (3)
In the third paragraph (inclusion of other buildings) for “Charity
Commissioners” substitute “Charity Commission”.
Commons Act 1899 (c. 30)
10
In section 18 of the Commons Act 1899 (power to modify provisions as to
recreation grounds)—
30
(a)
for “Charity Commissioners” substitute “Charity Commission”, and
(b)
for “their” substitute “its”.
Open Spaces Act 1906 (c. 25)
11
The Open Spaces Act 1906 has effect subject to the following amendments.
12
In section 3(1) (transfer to local authority of spaces held by trustees for
35
purposes of public recreation) for “Charity Commissioners” substitute
“Charity Commission”.
13    (1)
Section 4 (transfer by charity trustees of open space to local authority) is
amended as follows.

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
134

      (2)
In subsection (1), for the words from “and with the sanction” to “as
hereinafter provided” substitute “and in accordance with subsection (1A)”.
      (3)
After subsection (1) insert—
“(1A)
The trustees act in accordance with this subsection if they convey or
demise the open space as mentioned in subsection (1)—
5
(a)
with the sanction of an order of the Charity Commission or
with that of an order of the court to be obtained as provided
in the following provisions of this section, or
(b)
in accordance with such provisions of section 36(2) to (8) of
the Charities Act 1993 as are applicable.”
10
      (4)
In subsection (4)—
(a)
for “Charity Commissioners” substitute “Charity Commission”, and
(b)
for “them” substitute “it”.
14
In section 21(1) (application to Ireland)—
(a)
for “Charity Commissioners” substitute “Charity Commission”, and
15
(b)
for “Commissioners of Charity Donations and Bequests for Ireland”
substitute “the Department for Social Development”.
Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31)
15    (1)
Section 5 of the Police, Factories, &c. (Miscellaneous Provisions) Act 1916
(regulation of street collections) is amended as follows.
20
      (2)
In subsection (1) for “the benefit of charitable or other purposes,” substitute
“any purposes in circumstances not involving the making of a charitable
appeal,”.
      (3)
In paragraph (b) of the proviso to subsection (1) omit the words from “, and
no representation” onwards.
25
      (4)
In subsection (4) before the definition of “street” insert—
““charitable appeal” has the same meaning as in Chapter 1 of
Part 3 of the Charities Act 2006;”
National Trust Charity Scheme Confirmation Act 1919 (c. lxxxiv)
16
The National Trust Charity Scheme Confirmation Act 1919 has effect subject
30
to the following amendments.
17
In section 1 (confirmation of the scheme) for “Charity Commissioners”
substitute “Charity Commission”.
18
In paragraph 3 of the scheme set out in the Schedule, for “Charity
Commissioners upon such application made to them for the purpose as they
35
think” substitute “Charity Commission upon such application made to it for
the purpose as it thinks”.
Settled Land Act 1925 (c. 18)
19
In section 29(3) of the Settled Land Act 1925 (charitable and public trusts:
saving) for “Charity Commissioners” substitute “Charity Commission”.
40

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
135

Landlord and Tenant Act 1927 (c. 36)
20
In Part 2 of the Second Schedule to the Landlord and Tenant Act 1927
(application to ecclesiastical and charity land), in paragraph 2, for “Charity
Commissioners” substitute “Charity Commission”.
Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)
5
21
The Voluntary Hospitals (Paying Patients) Act 1936 has effect subject to the
following amendments.
22
In section 1 (definitions), in the definition of “Order”, for “Charity
Commissioners” substitute “Charity Commission”.
23    (1)
Section 2 (accommodation for and charges to paying patients) is amended as
10
follows.
      (2)
In subsections (1), (3) and (4) for “Charity Commissioners” substitute
“Charity Commission”.
      (3)
In subsection (4)—
(a)
for “the Commissioners” (in both places) substitute “the
15
Commission”,
(b)
for “they” substitute “it”, and
(c)
for “their” substitute “its”.
24
In section 3(1) (provision for patients able to make some, but not full,
payment)—
20
(a)
for “Charity Commissioners are” substitute “Charity Commission
is”, and
(b)
for “they” substitute “it”.
25
In section 4 (provisions for protection of existing trusts)—
(a)
for “Charity Commissioners” substitute “Charity Commission”, and
25
(b)
in paragraphs (a), (b) and (c) for “they are” substitute “it is”.
26    (1)
Section 5 (power to make rules) is amended as follows.
      (2)
In subsection (1)—
(a)
for “Charity Commissioners” substitute “Charity Commission”, and
(b)
for “they” substitute “it”.
30
      (3)
In subsection (3)—
(a)
for “Charity Commissioners” (in both places) substitute “Charity
Commission”,
(b)
for “they” and “them” (in each place) substitute “it”, and
(c)
for “an officer” substitute “a member of staff”.
35
      (4)
In the sidenote, for “Charity Commissioners” substitute “Charity
Commission”.
27
In section 6(2) (savings)—
(a)
for “Charity Commissioners” substitute “Charity Commission”, and
(b)
for “them” substitute “it”.
40

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
136

Green Belt (London and Home Counties) Act 1938 (c. xciii)
28
In section 20 of the Green Belt (London and Home Counties) Act 1938 (lands
held on charitable trusts) for “Charity Commissioners” substitute “Charity
Commission”.
New Parishes Measure 1943 (No. 1)
5
29
The New Parishes Measure 1943 has effect subject to the following
amendments.
30
In section 14(1)(b) (power of corporations etc. to give or grant land for sites
of churches, etc.) for “with the sanction of an order of the Charity
Commissioners” substitute—
10
“(i)
with the sanction of an order of the Charity
Commission, or
(ii)
in accordance with such provisions of section 36(2) to
(8) of the Charities Act 1993 as are applicable;”
31
In section 31 (charitable trusts)—
15
(a)
for “the Board of Charity Commissioners” substitute “the Charity
Commission”, and
(b)
for “the Charity Commissioners” substitute “the Charity
Commission”.
Crown Proceedings Act 1947 (c. 44)
20
32
In section 23(3) of the Crown Proceedings Act 1947 (proceedings with
respect to which Part 2 of the Act does not apply) for “Charity
Commissioners” substitute “Charity Commission”.
London County Council (General Powers) Act 1947 (c. xlvi)
33    (1)
Section 6 of the London County Council (General Powers) Act 1947 (saving
25
for certain trusts) is amended as follows.
      (2)
In subsection (2)—
(a)
for “Charity Commissioners” substitute “Charity Commission”, and
(b)
at the end add “; but this is subject to subsection (3)”.
      (3)
After subsection (2) add—
30
“(3)
In relation to any disposition of land falling within section 36(1) of
the Charities Act 1993, the Council or the borough council may,
instead of acting with the sanction of an order of the court or of the
Charity Commission, make the disposition in accordance with such
provisions of section 36(2) to (8) of that Act as are applicable.”
35
London County Council (General Powers) Act 1951 (c. xli)
34
In section 33(6) of the London County Council (General Powers) Act 1951
(improvement of roadside amenities: saving for certain land) for “Charity
Commissioners” substitute “Charity Commission”.

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
137

City of London (Various Powers) Act 1952 (c. vi)
35
In section 4(6) of the City of London (Various Powers) Act 1952
(improvement of amenities) for “Charity Commissioners” substitute
“Charity Commission”.
City of London (Guild Churches) Act 1952 (c. xxxviii)
5
36
In section 35 of the City of London (Guild Churches) Act 1952 (saving of
rights of certain persons) for “Charity Commissioners” substitute “Charity
Commission”.
London County Council (General Powers) Act 1955 (c. xxix)
37    (1)
Section 34 of the London County Council (General Powers) Act 1955
10
(powers as to erection of buildings: saving for certain land and buildings) is
amended as follows.
      (2)
In subsection (2)—
(a)
for “Charity Commissioners” substitute “Charity Commission”, and
(b)
at the end add “; but this is subject to subsection (3)”.
15
      (3)
After subsection (2) add—
“(3)
In relation to any disposition of land falling within section 36(1) of
the Charities Act 1993, the Council may, instead of acting with the
sanction of an order of the court or of the Charity Commission, make
the disposition in accordance with such provisions of section 36(2) to
20
(8) of that Act as are applicable.”
Parochial Church Councils (Powers) Measure 1956 (No. 3)
38
In section 6(5) of the Parochial Church Councils (Powers) Measure 1956
(consents required for transactions relating to certain property) for “Charity
Commissioners” substitute “Charity Commission”.
25
Church Funds Investment Measure 1958 (No. 1)
39
Section 5 of the Church Funds Investment Measure 1958 (jurisdiction of
Charity Commissioners) is omitted.
Incumbents and Churchwardens (Trusts) Measure 1964 (No. 2)
40
The Incumbents and Churchwardens (Trusts) Measure 1964 has effect
30
subject to the following amendments.
41
In section 2(3) (property to which Measure applies) for “Charity
Commissioners” substitute “Charity Commission”.
42
In section 3(6) (vesting of property in diocesan authority: saving) for
“Charity Commissioners” substitute “Charity Commission”.
35
43
In section 5 (provisions as to property vested in the diocesan authority) for
“Charity Commissioners” substitute “Charity Commission”.
44    (1)
The Schedule (procedure where diocesan authority is of the opinion that
Measure applies to an interest) is amended as follows.

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
138

      (2)
In paragraph 2 for “Charity Commissioners” substitute “Charity
Commission”.
      (3)
In paragraph 3—
(a)
for “Charity Commissioners” substitute “Charity Commission”,
(b)
for “they think” (in both places) substitute “it thinks”, and
5
(c)
for “the Commissioners” substitute “the Commission”.
      (4)
In paragraph 5—
(a)
for “Charity Commissioners have” substitute “Charity Commission
has”, and
(b)
for “they” substitute “it”.
10
Faculty Jurisdiction Measure 1964 (No. 5)
45
In section 4(2) of the Faculty Jurisdiction Measure 1964 (sale of books in
parochial libraries under a faculty) for “Charity Commissioners” substitute
“Charity Commission”.
Industrial and Provident Societies Act 1965 (c. 12)
15
46
In section 7D(4) of the Industrial and Provident Societies Act 1965
(application of sections 7A and 7B to charitable societies) for “Charity
Commissioners” substitute “Charity Commission”.
Clergy Pensions (Amendment) Measure 1967 (No. 1)
47
In section 4(5) of the Clergy Pensions (Amendment) Measure 1967
20
(amendments of powers of Board relating to provision of residences) for
“Charity Commissioners” and “said Commissioners” substitute “Charity
Commission”.
Ministry of Housing and Local Government Provisional Order Confirmation (Greater London
Parks and Open Spaces) Act 1967 (c. xxix)
25
48
In article 11(3) of the order set out in the Schedule to the Ministry of Housing
and Local Government Provisional Order Confirmation (Greater London
Parks and Open Spaces) Act 1967 (exercise of powers under articles 7 to 10
of the order) for “Charity Commissioners” substitute “Charity
Commission”.
30
Redundant Churches and other Religious Buildings Act 1969 (c. 22)
49
The Redundant Churches and other Religious Buildings Act 1969 has effect
subject to the following amendments.
50    (1)
Section 4 (transfer of certain redundant places of worship) is amended as
follows.
35
      (2)
In subsections (6), (7) and (8) for “Charity Commissioners” substitute
“Charity Commission”.
      (3)
In subsection (6) for “Commissioners’” substitute “Commission’s”.
      (4)
In subsection (8) for “they have” substitute “it has”.

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
139

      (5)
After subsection (8) insert—
“(8A)
Schedule 1C to the Charities Act 1993 shall apply in relation to an
order made by virtue of subsection (8) above as it applies in relation
to an order made under section 16(1) of that Act.”
51
In section 7(2) (saving) for “Charity Commissioners” (in both places)
5
substitute “Charity Commission”.
Children and Young Persons Act 1969 (c. 54)
52
In Schedule 3 to the Children and Young Persons Act 1969 (approved
schools and other institutions), in paragraph 6(3), for “Charity
Commissioners” substitute “Charity Commission”.
10
Synodical Government Measure 1969 (No. 2)
53    (1)
Schedule 3 to the Synodical Government Measure 1969 (which sets out the
Church Representation Rules) is amended as follows.
      (2)
In Rule 46A(a)—
(a)
for “Charity Commissioners” substitute “Charity Commission”, and
15
(b)
for “them” substitute “it”.
      (3)
In Section 4 of Appendix I to those Rules (which sets out certain forms), in
Note 3—
(a)
for “Charity Commissioners” substitute “Charity Commission”, and
(b)
for “them” substitute “it”.
20
      (4)
In Section 6 of that Appendix, in the Note—
(a)
for “Charity Commissioners” substitute “Charity Commission”, and
(b)
for “them” substitute “it”.
      (5)
In Appendix II to those Rules (general provisions relating to parochial
church councils), in paragraph 16, for “Charity Commissioners” substitute
25
“Charity Commission”.
Local Government Act 1972 (c. 70)
54
In section 131(3) of the Local Government Act 1972 (savings in relation to
charity land) for “Charity Commissioners” substitute “Charity
Commission”.
30
Consumer Credit Act 1974 (c. 39)
55
In section 16 of the Consumer Credit Act 1974 (exempt agreements), in the
table in subsection (3A) and in subsections (8) and (9), for “Charity
Commissioners” substitute “Charity Commission”.
Sex Discrimination Act 1975 (c. 65)
35
56
In section 21A of the Sex Discrimination Act 1975 (public authorities) in
paragraph 14 in the Table of Exceptions in subsection (9), for “Charity
Commissioners for England and Wales” substitute “Charity Commission”.