|
| |
|
Endowments and Glebe Measure 1976 (No. 4) |
| |
57 | The Endowments and Glebe Measure 1976 has effect subject to the following |
| |
| |
58 | In section 11(2) (extinguishment of certain trusts) for “the Charity |
| |
Commissioners” substitute “the Charity Commission or in accordance with |
| 5 |
such provisions of section 36(2) to (8) of the Charities Act 1993 as are |
| |
| |
59 | In section 18(2) (means by which land may become diocesan) for “Charity |
| |
Commissioners” substitute “Charity Commission”. |
| |
Interpretation Act 1978 (c. 30) |
| 10 |
60 | In Schedule 1 to the Interpretation Act 1978 (words and expressions defined) |
| |
for the definition of “Charity Commissioners” substitute— |
| |
““Charity Commission” means the Charity Commission for |
| |
England and Wales established by section 1A of the Charities |
| |
| 15 |
Dioceses Measure 1978 (No. 1) |
| |
61 | The Dioceses Measure 1978 has effect subject to the following amendments. |
| |
62 | In section 5(1) (preparation of draft scheme: meaning of “interested |
| |
parties”), in paragraph (e), for “the Charity Commissioners” substitute “the |
| |
| 20 |
63 | In section 19(4) (schemes with respect to discharge of functions of diocesan |
| |
bodies corporate, etc.) for “Charity Commissioners” substitute “Charity |
| |
| |
Disused Burial Grounds (Amendment) Act 1981 (c. 18) |
| |
64 | In section 6 of the Disused Burial Grounds (Amendment) Act 1981 (saving |
| 25 |
for Charity Commission) for “Charity Commissioners” substitute “Charity |
| |
| |
Local Government (Miscellaneous Provisions) Act 1982 (c. 30) |
| |
65 | In Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 |
| |
(street trading) for paragraph 1(2)(j) substitute— |
| 30 |
“(j) | conducting a public charitable collection that— |
| |
(i) | is conducted in accordance with section 48 or 49 of |
| |
the Charities Act 2006, or |
| |
(ii) | is an exempt collection by virtue of section 50 of |
| |
| 35 |
Administration of Justice Act 1982 (c. 53) |
| |
66 | In section 41(1) of the Administration of Justice Act 1982 (transfer of funds |
| |
in court to official custodian for charities and Church Commissioners) for |
| |
“Charity Commissioners” substitute “Charity Commission”. |
| |
|
| |
|
| |
|
Pastoral Measure 1983 (No. 1) |
| |
67 | The Pastoral Measure 1983 has effect subject to the following amendments. |
| |
68 | In section 55(1) (schemes under the Charities Act 1993 for redundant chapels |
| |
belonging to charities) for “Charity Commissioners” substitute “Charity |
| |
| 5 |
69 | In section 63(4) (trusts for the repair etc. of redundant buildings and |
| |
contents) for “the Charity Commissioners given under the hand of an |
| |
Assistant Commissioner” substitute “the Charity Commission”. |
| |
70 | In section 76(1) (grant of land for new churches etc. and vesting of certain |
| |
churches) for “Charity Commissioners” substitute “Charity Commission”. |
| 10 |
71 | In Schedule 3, in paragraph 11(1), (2), (6) and (7), for “Charity |
| |
Commissioners” substitute “Charity Commission”. |
| |
| |
72 | In section 3(9) of the Rates Act 1984 (expenditure levels) for “, or excepted |
| |
from registration, under section 3 of the Charities Act 1993” substitute “in |
| 15 |
accordance with section 3A of the Charities Act 1993 or not required to be |
| |
registered (by virtue of subsection (2) of that section)”. |
| |
Companies Act 1985 (c. 6) |
| |
73 | The Companies Act 1985 has effect subject to the following amendments. |
| |
74 (1) | Section 380 (registration of resolutions) is amended as follows. |
| 20 |
(2) | In subsection (4), at the beginning insert “Except as mentioned in subsection |
| |
| |
(3) | After subsection (4ZA) insert— |
| |
“(4ZB) | Paragraphs (a) and (c) of subsection (4) do not apply to the |
| |
resolutions of a charitable company mentioned in paragraphs (a) and |
| 25 |
(b) respectively of section 69G(6) of the Charities Act 1993.” |
| |
75 | In Schedule 15D (permitted disclosures of information), in paragraph 21, for |
| |
“Charity Commissioners to exercise their” substitute “Charity Commission |
| |
| |
| 30 |
76 (1) | Section 6A of the Housing Act 1985 (definition of “Relevant Authority”) is |
| |
| |
(2) | In subsection (2) for “Charity Commissioners” substitute “Charity |
| |
| |
| 35 |
(a) | for “under section 3” substitute “in accordance with section 3A”, and |
| |
(b) | omit the words from “and is not” onwards. |
| |
|
| |
|
| |
|
Housing Associations Act 1985 (c. 69) |
| |
77 | In section 10(1) of the Housing Associations Act 1985 (dispositions excepted |
| |
from section 9 of that Act) for “Charity Commissioners” (in both places) |
| |
substitute “Charity Commission”. |
| |
Agricultural Holdings Act 1986 (c. 5) |
| 5 |
78 | In section 86(4) of the Agricultural Holdings Act 1986 (power of landlord to |
| |
obtain charge on holding) for “Charity Commissioners” substitute “Charity |
| |
| |
Coal Industry Act 1987 (c. 3) |
| |
79 (1) | Section 5 of the Coal Industry Act 1987 (coal industry trusts) is amended as |
| 10 |
| |
| |
(a) | for “Charity Commissioners” (in the first place) substitute “Charity |
| |
Commission (“the Commission”)”, |
| |
(b) | for “to them” substitute “to the Commission”, |
| 15 |
(c) | for “Charity Commissioners” (in the second place) substitute |
| |
| |
(d) | for “they consider” substitute “the Commission considers”. |
| |
(3) | In subsection (2) for “Charity Commissioners consider” (in both places) |
| |
substitute “Commission considers”. |
| 20 |
(4) | In subsections (4) and (6) for “Charity Commissioners” substitute |
| |
| |
| |
(a) | for “Charity Commissioners” substitute “Commission”, |
| |
(b) | for “their powers” substitute “its powers”, |
| 25 |
(c) | for “they consider” substitute “it considers”, and |
| |
(d) | for “the Charities Act 1960” substitute “the Charities Act 1993”. |
| |
| |
(a) | for “16(3), (9), (11) to (14)” substitute “16(3) and (9)”, |
| |
(b) | for “and 20” substitute “, 20 and 20A”, |
| 30 |
(c) | for “Charity Commissioners” substitute “Commission”, |
| |
(d) | for “their powers” substitute “its powers”, and |
| |
(e) | for “91 and 92” substitute “and 91”. |
| |
| |
(a) | for “Commissioners” (in both places) substitute “Commission”, |
| 35 |
(b) | for “they were proceeding” substitute “the Commission was |
| |
| |
(c) | for “to them” substitute “to it”. |
| |
(8) | After subsection (8A) insert— |
| |
“(8B) | Schedule 1C to the Charities Act 1993 shall apply in relation to an |
| 40 |
order made under this section as it applies in relation to an order |
| |
made under section 16(1) of that Act.” |
| |
|
| |
|
| |
|
(9) | In subsection (9) for “Charity Commissioners” substitute “Commission”. |
| |
(10) | In subsection (10)(b) for “Charity Commissioners” substitute “Commission”. |
| |
Reverter of Sites Act 1987 (c. 15) |
| |
80 | The Reverter of Sites Act 1987 has effect subject to the following |
| |
| 5 |
81 (1) | Section 2 (Charity Commissioners’ schemes) is amended as follows. |
| |
(2) | In subsection (1) for “Charity Commissioners” substitute “Charity |
| |
| |
(3) | For subsection (3) substitute— |
| |
“(3) | The charitable purposes specified in an order made under this |
| 10 |
section on an application with respect to any trust shall be such as the |
| |
Charity Commission consider appropriate, having regard to the |
| |
matters set out in subsection (3A). |
| |
| |
(a) | the desirability of securing that the property is held for |
| 15 |
charitable purposes (“the new purposes”) which are close to |
| |
the purposes, whether charitable or not, for which the |
| |
trustees held the relevant land before the cesser of use in |
| |
consequence of which the trust arose (“the former purposes); |
| |
| 20 |
(b) | the need for the new purposes to be capable of having a |
| |
significant social or economic effect. |
| |
(3B) | In determining the character of the former purposes, the |
| |
Commission may, if they think it appropriate to do so, give greater |
| |
weight to the persons or locality benefited by those purposes than to |
| 25 |
the nature of the benefit.” |
| |
| |
(a) | for “Charity Commissioners” substitute “Charity Commission”, |
| |
(b) | in paragraph (c), for “Commissioners’” and “them” substitute |
| |
“Commission’s” and “it”, and |
| 30 |
(c) | in paragraph (d), for “Commissioners have” substitute “Commission |
| |
| |
(5) | In subsection (7) for “Charity Commissioners” substitute “Charity |
| |
| |
| 35 |
(a) | for “Commissioners’” substitute “Commission’s”, |
| |
(b) | for “they think” substitute “it thinks”, and |
| |
(c) | for “Commissioners decide” substitute “Commission decides”. |
| |
(7) | In the sidenote, for “Charity Commissioners’” substitute “Charity |
| |
| 40 |
82 (1) | Section 4 (provisions supplemental to sections 2 and 3) is amended as |
| |
| |
| |
|
| |
|
| |
|
(a) | for “Charity Commissioners think” substitute “Charity Commission |
| |
| |
(b) | for “Commissioners’” substitute “Commission’s”; and |
| |
(c) | for “the Commissioners think” substitute “the Commission thinks”. |
| |
(3) | For subsections (2) and (3) substitute— |
| 5 |
“(2) | Schedule 1C to the Charities Act 1993 shall apply in relation to an |
| |
order made under section 2 above as it applies in relation to an order |
| |
made under section 16(1) of that Act, except that the persons who |
| |
may bring an appeal against an order made under section 2 above |
| |
| 10 |
(a) | the Attorney General; |
| |
(b) | the trustees of the trust established under the order; |
| |
(c) | a beneficiary of, or the trustees of, the trust in respect of |
| |
which the application for the order had been made; |
| |
(d) | any person interested in the purposes for which the last- |
| 15 |
mentioned trustees or any of their predecessors held the |
| |
relevant land before the cesser of use in consequence of |
| |
which the trust arose under section 1 above; |
| |
(e) | any two or more inhabitants of the locality where that land is |
| |
| 20 |
(f) | any other person who is or may be affected by the order.” |
| |
| |
(a) | for “Sections 89, 91 and 92” substitute “Sections 89 and 91”, and |
| |
(b) | omit “and appeals” and (in both places) “, and to appeals against,”. |
| |
83 | In section 5(3) (orders under section 554 of the Education Act 1996)— |
| 25 |
(a) | for “Charity Commissioners” (in both places) substitute “Charity |
| |
| |
(b) | for “the Commissioners” substitute “the Commission”; and |
| |
(c) | for “them” substitute “it”. |
| |
Education Reform Act 1988 (c. 40) |
| 30 |
84 | For section 125A of the Education Reform Act 1988 substitute— |
| |
“125A | Charitable status of a higher education corporation |
| |
A higher education corporation shall be a charity within the meaning |
| |
of the Charities Act 1993 (and in accordance with Schedule 2 to that |
| |
Act is an exempt charity for the purposes of that Act).” |
| 35 |
Courts and Legal Services Act 1990 (c. 41) |
| |
85 | In Schedule 11 to the Courts and Legal Services Act 1990 (judges etc. barred |
| |
from legal practice) for the entry beginning “Charity Commissioner” |
| |
substitute “Member of the Charity Commission appointed as provided in |
| |
Schedule 1A to the Charities Act 1993”. |
| 40 |
London Local Authorities Act 1991 (c. xiii) |
| |
86 | In section 4 of the London Local Authorities Act 1991 (interpretation of Part |
| |
2), in paragraph (d) of the definition of “establishment for special treatment”, |
| |
|
| |
|
| |
|
for the words from “under section 3” to “that section” substitute “in |
| |
accordance with section 3A of the Charities Act 1993 or is not required to be |
| |
registered (by virtue of subsection (2) of that section)”. |
| |
Further and Higher Education Act 1992 (c. 13) |
| |
87 | For section 22A of the Further and Higher Education Act 1992 substitute— |
| 5 |
“22A | Charitable status of a further education corporation |
| |
A further education corporation shall be a charity within the |
| |
meaning of the Charities Act 1993 (and in accordance with Schedule |
| |
2 to that Act is an exempt charity for the purposes of that Act).” |
| |
Charities Act 1992 (c. 41) |
| 10 |
88 | The 1992 Act has effect subject to the following amendments. |
| |
89 (1) | Section 58 (interpretation of Part 2) is amended as follows. |
| |
| |
(a) | in paragraph (c) for “to be treated as a promoter of such a collection |
| |
by virtue of section 65(3)” substitute “a promoter of such a collection |
| 15 |
as defined in section 47(1) of the Charities Act 2006”, and |
| |
(b) | for “Part III of this Act” substitute “Chapter 1 of Part 3 of the Charities |
| |
| |
(3) | In subsection (4) for “whether or not the purposes are charitable within the |
| |
meaning of any rule of law” substitute “as defined by section 2(1) of the |
| 20 |
| |
90 | Omit Part 3 (public charitable collections). |
| |
91 | In section 76(1) (service of documents) omit paragraph (c) and the “and” |
| |
| |
92 (1) | Section 77 (regulations and orders) is amended as follows. |
| 25 |
(2) | In subsection (1)(b) for “subsection (2)” substitute “subsections (2) and (2A)”. |
| |
(3) | After subsection (2) insert— |
| |
“(2A) | Subsection (1)(b) does not apply to regulations under section 64A, |
| |
and no such regulations may be made unless a draft of the statutory |
| |
instrument containing the regulations has been laid before, and |
| 30 |
approved by a resolution of, each House of Parliament.” |
| |
| |
(a) | after “64” insert “or 64A”; and |
| |
| |
93 | In section 79 (short title, commencement and extent) omit— |
| 35 |
(a) | in subsection (6), the words “(subject to subsection (7))”, and |
| |
| |
94 | In Schedule 7 (repeals) omit the entry relating to the Police, Factories, &c. |
| |
(Miscellaneous Provisions) Act 1916 (c. 31). |
| |
|
| |
|
| |
|
Charities Act 1993 (c. 10) |
| |
95 | The 1993 Act has effect subject to the following amendments. |
| |
96 | In the heading for Part 1, for “Charity Commissioners” substitute “Charity |
| |
| |
97 (1) | Section 2 (official custodian for charities) is amended as follows. |
| 5 |
(2) | For subsection (2) substitute— |
| |
“(2) | Such individual as the Commission may from time to time designate |
| |
shall be the official custodian.” |
| |
(3) | In subsection (3), for “Commissioners” (in both places) substitute |
| |
| 10 |
| |
(a) | for “officer of the Commissioners” substitute “member of the staff of |
| |
| |
(b) | for “by them” substitute “by it”. |
| |
(5) | In subsection (7) omit the words from “, and the report” onwards. |
| 15 |
(6) | After subsection (7) add— |
| |
“(8) | The Comptroller and Auditor General shall send to the Commission |
| |
a copy of the accounts as certified by him together with his report on |
| |
| |
(9) | The Commission shall publish and lay before Parliament a copy of |
| 20 |
the documents sent to it under subsection (8) above.” |
| |
98 (1) | Section 4 (claims and objections to registration) is amended as follows. |
| |
| |
(a) | for “the Commissioners” substitute “the Commission”, and |
| |
(b) | for “to them” substitute “to the Commission”. |
| 25 |
| |
| |
(a) | for “High Court” substitute “Tribunal”, |
| |
(b) | for “the Commissioners” (in the first and third places) substitute “the |
| |
| 30 |
(c) | for “the Commissioners are” substitute “the Commission is”. |
| |
| |
(a) | for “subsection (3) above” substitute “Schedule 1C to this Act”, |
| |
(b) | for “the Commissioners” (in both places) substitute “the |
| |
| 35 |
(c) | omit “, whether given on such an appeal or not”. |
| |
99 (1) | Section 6 (power to require charity’s name to be changed) is amended as |
| |
| |
(2) | For “Commissioners” (in each place including the sidenote) substitute |
| |
| 40 |
|
| |
|