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Charities Bill [HL]


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

140

 

Endowments and Glebe Measure 1976 (No. 4)

57         

The Endowments and Glebe Measure 1976 has effect subject to the following

amendments.

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

applicable”.

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

Act 1993.”

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

Charity Commission”.

20

63         

In section 19(4) (schemes with respect to discharge of functions of diocesan

bodies corporate, etc.) for “Charity Commissioners” substitute “Charity

Commission”.

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

Commission”.

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

that Act.”

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”.

 

 

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

141

 

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

Commission”.

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”.

Rates Act 1984 (c. 33)

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

(4ZB),”.

      (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

to exercise its”.

Housing Act 1985 (c. 68)

30

76    (1)  

Section 6A of the Housing Act 1985 (definition of “Relevant Authority”) is

amended as follows.

      (2)  

In subsection (2) for “Charity Commissioners” substitute “Charity

Commission”.

      (3)  

In subsection (5)—

35

(a)   

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

(b)   

omit the words from “and is not” onwards.

 

 

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

142

 

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

Commission”.

Coal Industry Act 1987 (c. 3)

79    (1)  

Section 5 of the Coal Industry Act 1987 (coal industry trusts) is amended as

10

follows.

      (2)  

In subsection (1)—

(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

“Commission”, and

(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

“Commission”.

      (5)  

In subsection (7)—

(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”.

      (6)  

In subsection (8)—

(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”.

      (7)  

In subsection (8A)—

(a)   

for “Commissioners” (in both places) substitute “Commission”,

35

(b)   

for “they were proceeding” substitute “the Commission was

proceeding”, and

(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.”

 

 

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

143

 

      (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

amendments.

5

81    (1)  

Section 2 (Charity Commissioners’ schemes) is amended as follows.

      (2)  

In subsection (1) for “Charity Commissioners” substitute “Charity

Commission”.

      (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).

(3A)   

The matters are—

(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);

and

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.”

      (4)  

In subsection (5)—

(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

has”.

      (5)  

In subsection (7) for “Charity Commissioners” substitute “Charity

Commission”.

      (6)  

In subsection (8)—

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

Commission’s”.

40

82    (1)  

Section 4 (provisions supplemental to sections 2 and 3) is amended as

follows.

      (2)  

In subsection (1)—

 

 

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

144

 

(a)   

for “Charity Commissioners think” substitute “Charity Commission

thinks”;

(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

are—

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

situated;

20

(f)   

any other person who is or may be affected by the order.”

      (4)  

In subsection (4)—

(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

Commission”;

(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”,

 

 

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

145

 

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.

      (2)  

In subsection (2)—

(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

Act 2006”.

      (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

Charities Act 2006”.

90         

Omit Part 3 (public charitable collections).

91         

In section 76(1) (service of documents) omit paragraph (c) and the “and”

preceding it.

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.”

      (4)  

In subsection (4)—

(a)   

after “64” insert “or 64A”; and

(b)   

omit “or 73”.

93         

In section 79 (short title, commencement and extent) omit—

35

(a)   

in subsection (6), the words “(subject to subsection (7))”, and

(b)   

subsection (7).

94         

In Schedule 7 (repeals) omit the entry relating to the Police, Factories, &c.

(Miscellaneous Provisions) Act 1916 (c. 31).

 

 

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

146

 

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

Commission”.

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

“Commission”.

10

      (4)  

In subsection (4)—

(a)   

for “officer of the Commissioners” substitute “member of the staff of

the Commission”, and

(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

them.

(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.

      (2)  

In subsection (2)—

(a)   

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

(b)   

for “to them” substitute “to the Commission”.

25

      (3)  

Omit subsection (3).

      (4)  

In subsection (4)—

(a)   

for “High Court” substitute “Tribunal”,

(b)   

for “the Commissioners” (in the first and third places) substitute “the

Commission”, and

30

(c)   

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

      (5)  

In subsection (5)—

(a)   

for “subsection (3) above” substitute “Schedule 1C to this Act”,

(b)   

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

Commission”, and

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

follows.

      (2)  

For “Commissioners” (in each place including the sidenote) substitute

“Commission”.

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