|
| |
|
(8) | In subsection (7) for the words from “which they have not” onwards |
| |
substitute “of which they have not been required to transmit a copy to the |
| |
| |
138 (1) | Section 46 (special provisions as respects accounts etc. of excepted charities) |
| |
| 5 |
(2) | In subsection (2) for “the Commissioners consent” substitute “the |
| |
| |
(3) | For subsection (3) substitute— |
| |
“(3) | Except in accordance with subsections (3A) and (3B) below, nothing |
| |
in section 43, 44, 44A or 45 applies to any charity which— |
| 10 |
(a) | falls within section 3A(2)(d) above (whether or not it also falls |
| |
within section 3A(2)(b) or (c)), and |
| |
| |
(3A) | Section 44A above applies in accordance with subsections (2A) and |
| |
(2B) above to a charity mentioned in subsection (3) above which is |
| 15 |
| |
(3B) | Sections 44 and 44A above apply to a charity mentioned in |
| |
subsection (3) above which is also an English National Health |
| |
Service charity or a Welsh National Health Service charity (as |
| |
defined in sections 43A and 43B above).” |
| 20 |
(4) | In subsection (4) for the words from “(other than” onwards substitute |
| |
| |
(a) | falls within section 3A(2)(b) or (c) above but does not fall |
| |
within section 3A(2)(d), and |
| |
| 25 |
| |
(a) | for “the Commissioners” (in the first place) substitute “the |
| |
| |
(b) | for “the Commissioners’ request” substitute “the Commission’s |
| |
| 30 |
(6) | For subsection (7) substitute— |
| |
“(7) | The following provisions of section 45 above shall apply in relation |
| |
to any report required to be prepared under subsection (5) above as |
| |
if it were an annual report required to be prepared under subsection |
| |
| 35 |
(a) | subsection (3), with the omission of the words preceding “a |
| |
copy of the annual report”, and |
| |
(b) | subsections (4) to (6).” |
| |
| |
139 (1) | Section 47 (public inspection of annual reports etc.) is amended as follows. |
| 40 |
| |
(a) | for “Any annual report or other document kept by the |
| |
Commissioners” substitute “Any document kept by the |
| |
| |
|
| |
|
| |
|
(b) | for “the Commissioners so determine” substitute “the Commission |
| |
| |
(c) | for “they may” substitute “it may”. |
| |
(3) | In subsection (2)(a) after “accounts” insert “or (if subsection (4) below |
| |
applies) of its most recent annual report”. |
| 5 |
(4) | After subsection (3) add— |
| |
“(4) | This subsection applies if an annual report has been prepared in |
| |
respect of any financial year of a charity in pursuance of section 45(1) |
| |
| |
(5) | In subsection (2) above the reference to a charity’s most recent |
| 10 |
annual report is a reference to the annual report prepared in |
| |
pursuance of section 45(1) or 46(5) in respect of the last financial year |
| |
of the charity in respect of which an annual report has been so |
| |
| |
140 (1) | Section 48 (annual returns by registered charities) is amended as follows. |
| 15 |
(2) | In subsection (1) for “the Commissioners” substitute “the Commission”. |
| |
(3) | In subsection (1A) for the words from “neither” to “exceeds” substitute “the |
| |
charity’s gross income does not exceed”. |
| |
| |
(a) | for “the Commissioners” substitute “the Commission”, and |
| 20 |
(b) | for “to them” substitute “to the Commission”. |
| |
(5) | In subsection (3) for “The Commissioners” substitute “The Commission”. |
| |
141 | For section 49 (offences) substitute— |
| |
| |
(1) | If any requirement imposed— |
| 25 |
(a) | by section 45(3) or (3A) above (taken with section 45(3B), (4) |
| |
and (5), as applicable), or |
| |
(b) | by section 47(2) or 48(2) above, |
| |
| is not complied with, each person who immediately before the date |
| |
for compliance specified in the section in question was a charity |
| 30 |
trustee of the charity shall be guilty of an offence and liable on |
| |
summary conviction to the penalty mentioned in subsection (2). |
| |
| |
(a) | a fine not exceeding level 4 on the standard scale, and |
| |
(b) | for continued contravention, a daily default fine not |
| 35 |
exceeding 10% of level 4 on the standard scale for so long as |
| |
the person in question remains a charity trustee of the |
| |
| |
(3) | It is a defence for a person charged with an offence under subsection |
| |
(1) to prove that he took all reasonable steps for securing that the |
| 40 |
requirement in question would be complied with in time.” |
| |
142 (1) | Section 50 (incorporation of trustees of charity) is amended as follows. |
| |
| |
|
| |
|
| |
|
(a) | for “the Commissioners” (in the first and third places) substitute “the |
| |
| |
(b) | for “the Commissioners consider” substitute “the Commission |
| |
| |
(c) | for “they think fit” substitute “the Commission thinks fit”. |
| 5 |
| |
(a) | for “The Commissioners” substitute “The Commission”, |
| |
(b) | for “to them” substitute “to the Commission”, and |
| |
(c) | for “under section 3” substitute “in accordance with section 3A”. |
| |
143 (1) | Section 52 (applications for incorporation) is amended as follows. |
| 10 |
(2) | In subsection (1) for “the Commissioners” (in both places) substitute “the |
| |
| |
| |
(a) | for “The Commissioners” substitute “The Commission”, and |
| |
(b) | for “they may specify” substitute “it may specify”. |
| 15 |
144 | In section 53(1) (nomination of trustees, and filling up vacancies) for “the |
| |
Commissioners” substitute “the Commission”. |
| |
145 (1) | Section 56 (power of Commissioners to amend certificate of incorporation) |
| |
| |
| 20 |
(a) | for “The Commissioners” substitute “The Commission”, and |
| |
(b) | for “of their own motion” substitute “of the Commission’s own |
| |
| |
| |
(a) | for “of their own motion, the Commissioners” substitute “of its own |
| 25 |
| |
(b) | for “their proposals” substitute “its proposals”, and |
| |
(c) | for “to them” substitute “to it”. |
| |
| |
(a) | for “The Commissioners” substitute “The Commission”, |
| 30 |
(b) | for “their proposals” substitute “its proposals”, and |
| |
(c) | for “to them” substitute “to it”. |
| |
(5) | In subsection (4) for “The Commissioners” substitute “The Commission”. |
| |
(6) | In the sidenote, for “Commissioners” substitute “Commission”. |
| |
146 (1) | Section 57 (records of applications and certificates) is amended as follows. |
| 35 |
| |
(a) | for “The Commissioners” substitute “The Commission”, and |
| |
(b) | for “to them” substitute “to it”. |
| |
| |
(a) | for “the Commissioners” (in the first place) substitute “the |
| 40 |
| |
(b) | for “the secretary of the Commissioners” substitute “a member of the |
| |
staff of the Commission”. |
| |
|
| |
|
| |
|
147 | In section 58 (enforcement of orders and directions) for “the |
| |
Commissioners” substitute “the Commission”. |
| |
148 (1) | Section 61 (power of Commissioners to dissolve incorporated body) is |
| |
| |
| 5 |
(a) | for “the Commissioners are” substitute “the Commission is”, |
| |
(b) | for “treated by them” substituted “treated by the Commission”, and |
| |
(c) | for “they may of their own motion” substitute “the Commission may |
| |
| |
| 10 |
(a) | for “the Commissioners are” substitute “the Commission is”, and |
| |
(b) | for “the Commissioners” (in the second place) substitute “the |
| |
| |
| |
(a) | for “the Commissioners so direct” substitute “the Commission so |
| 15 |
| |
(b) | for “the Commissioners” (in the second place) substitute “the |
| |
| |
| |
(6) | In the sidenote, for “Commissioners” substitute “Commission”. |
| 20 |
149 (1) | Section 63 (winding up) is amended as follows. |
| |
| |
(a) | for “the Commissioners” substitute “the Commission”, |
| |
(b) | for “they have instituted” substitute “it has instituted”, and |
| |
(c) | for “they are satisfied” substitute “it is satisfied”. |
| 25 |
(3) | In subsection (3) for “the Commissioners” (in both places) substitute “the |
| |
| |
(4) | In subsection (4) for “the Commissioners” (in both places) substitute “the |
| |
| |
| 30 |
(a) | for “the Commissioners” substitute “the Commission”, and |
| |
(b) | for “by them of their own motion” substitute “by the Commission of |
| |
| |
150 | In section 64(3) (alteration of objects clause) for “the Commissioner’s |
| |
consent” substitute “the Commission’s consent”. |
| 35 |
151 | In section 65(4) (invalidity of certain transactions) for “the Commissioners” |
| |
substitute “the Commission”. |
| |
152 | In section 66 (requirement of consent of Commissioners to certain acts), in |
| |
subsection (1) and the sidenote, for “Commissioners” substitute |
| |
| 40 |
153 (1) | Section 69 (investigation of accounts) is amended as follows. |
| |
| |
|
| |
|
| |
|
(a) | for “the Commissioners” substitute “the Commission”, |
| |
(b) | for “they think fit” substitute “the Commission thinks fit”, and |
| |
(c) | for “by them” substitute “by the Commission”. |
| |
(3) | In subsections (2)(c) and (3) for “the Commissioners” substitute “the |
| |
| 5 |
| |
(a) | for “the Commissioners” (in the first place) substitute “the |
| |
| |
(b) | for “the Commissioners think” substitute “the Commission thinks”. |
| |
154 | For the heading preceding section 72 substitute “Charity trustees”. |
| 10 |
155 (1) | Section 72 (persons disqualified for being trustees of a charity) is amended |
| |
| |
(2) | In subsection (1)(d)(i) after “by the” insert “Commission or”. |
| |
(3) | In subsection (4) for “The Commissioners” substitute “The Commission”. |
| |
| 15 |
(a) | for “the Commissioners” (in the first place) substitute “the |
| |
| |
(b) | for “they think fit” substitute “it thinks fit”, |
| |
(c) | after “order of” insert “the Commission or”, and |
| |
(d) | for “the Commissioners” (in the third place) substitute “the |
| 20 |
| |
(5) | After subsection (7) add— |
| |
“(8) | In this section “the Commissioners” means the Charity |
| |
Commissioners for England and Wales.” |
| |
156 | In section 73(4) (person acting as charity trustee while disqualified)— |
| 25 |
(a) | for “the Commissioners are” substitute “the Commission is”, |
| |
(b) | for “they may by order” substitute “the Commission may by order”, |
| |
| |
(c) | for “(as determined by them)” substitute “(as determined by the |
| |
| 30 |
157 | For the heading preceding section 74 substitute “Miscellaneous powers of |
| |
| |
158 | In section 76(2) (local authority’s index of local charities)— |
| |
(a) | for “the Commissioners” (in both places) substitute “the |
| |
| 35 |
(b) | for “they will” substitute “it will”. |
| |
159 | In section 77(1) (reviews of local charities by local authority) for “the |
| |
Commissioners” substitute “the Commission”. |
| |
160 (1) | Section 79 (parochial charities) is amended as follows. |
| |
(2) | In subsection (1) for “the Commissioners” substitute “the Commission”. |
| 40 |
(3) | In subsection (2) for “the Commissioners” (in both places) substitute “the |
| |
| |
|
| |
|
| |
|
161 (1) | Section 80 (supervision by Commissioners of certain Scottish charities) is |
| |
| |
(2) | In subsection (1) for paragraph (c) and the “and” preceding it substitute— |
| |
“(c) | sections 19 to 19B, and |
| |
| 5 |
| |
(a) | for “the Commissioners are satisfied” substitute “the Commission is |
| |
| |
(b) | for “they may make” substitute “it may make”, and |
| |
(c) | for “their approval” substitute “the Commission’s approval”. |
| 10 |
| |
(a) | for “the Commissioners” substitute “the Commission”, |
| |
(b) | for “their being” substitute “the Commission being”, and |
| |
(c) | for “supplied to them” substitute “supplied to it”. |
| |
| 15 |
(a) | for “the Commissioners are satisfied” substitute “the Commission is |
| |
| |
(b) | for “supplied to them” substitute “supplied to it”, and |
| |
(c) | for “the Commissioners” (in the second place) substitute “the |
| |
| 20 |
| |
(a) | for “Commissioners” (in each place) substitute “Commission”, |
| |
(b) | for “they consider” substitute “it considers”, and |
| |
(c) | for “they have received” substitute “it has received”. |
| |
(7) | In the sidenote, for “Commissioners” substitute “Commission”. |
| 25 |
162 (1) | Section 84 (supply by Commissioners of copies of documents open to public |
| |
inspection) is amended as follows. |
| |
(2) | For “The Commissioners” substitute “The Commission”. |
| |
(3) | For “their possession” substitute “the Commission’s possession”. |
| |
(4) | In the sidenote, for “Commissioners” substitute “Commission”. |
| 30 |
163 (1) | Section 85 (fees and other amounts payable to Commissioners) is amended |
| |
| |
| |
(a) | for “the Commissioners” (in both places) substitute “the |
| |
| 35 |
(b) | for “kept by them” substitute “kept by the Commission”. |
| |
| |
(a) | for “The Commissioners” substitute “The Commission”, |
| |
(b) | for “they consider” substitute “it considers”, and |
| |
(c) | for “by them” substitute “by it”. |
| 40 |
(4) | In subsection (5) for “the Commissioners” substitute “the Commission”. |
| |
(5) | In the sidenote, for “Commissioners” substitute “Commission”. |
| |
|
| |
|
| |
|
164 (1) | Section 86 (regulations and orders) is amended as follows. |
| |
(2) | In subsection (2)(a)— |
| |
(a) | after “17(2),” insert “73F(6)”, and |
| |
(b) | after “99(2)” insert “or paragraph 6 of Schedule 1C”. |
| |
| 5 |
(a) | for “the Commissioners” (in the first place) substitute “the |
| |
| |
(b) | for “the Commissioners consider” substitute “the Commission |
| |
| |
(4) | In subsection (4) after “above” insert “or Schedule 5A,”. |
| 10 |
165 (1) | Section 87 (enforcement of requirement by order of Commissioners) is |
| |
| |
| |
(a) | for “the Commissioners” substitute “the Commission”, and |
| |
(b) | for “they consider” substitute “it considers”. |
| 15 |
(3) | In subsection (2) for “the Commissioners” (in both places) substitute “the |
| |
| |
(4) | In the sidenote, for “Commissioners” substitute “Commission”. |
| |
166 (1) | Section 88 (enforcement of orders of Commissioners) is amended as follows. |
| |
(2) | For paragraph (a) substitute— |
| 20 |
“(a) | to an order of the Commission under section 9(1), 19A, 19B, |
| |
44(2), 61, 73, 73C or 80 above; or”. |
| |
(3) | In paragraphs (b) and (c) for “the Commissioners” substitute “the |
| |
| |
(4) | For “the Commissioners to” substitute “the Commission to”. |
| 25 |
(5) | In the sidenote, for “Commissioners” substitute “Commission”. |
| |
167 (1) | Section 89 (other provisions as to orders of Commissioners) is amended as |
| |
| |
| |
(a) | for “the Commissioners” (in the first place) substitute “the |
| 30 |
| |
(b) | for “the Commissioners think” substitute “the Commission thinks”, |
| |
(c) | for “the Commissioners exercise” substitute “the Commission |
| |
| |
(d) | for “to them, they may” substitute “to it, it may”. |
| 35 |
| |
(a) | for “the Commissioners make” substitute “the Commission makes”, |
| |
(b) | for “they may themselves” substitute “the Commission may itself”, |
| |
| |
(c) | for “they think fit” substitute “it thinks fit”. |
| 40 |
| |
(a) | for “The Commissioners” substitute “The Commission”, |
| |
|
| |
|