Charities Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Charities Bill [HL]

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
168

(b)
for “they have” substitute “it has”,
(c)
for “they are” substitute “it is”,
(d)
for “to them” substitute “to it”.
      (5)
In subsection (4) for “the Commissioners” substitute “the Commission”.
      (6)
At the end add—
5
“(5)
Any order made by the Commission under any provision of this Act
may be varied or revoked by a subsequent order so made.”
      (7)
In the sidenote, for “Commissioners” substitute “Commission”.
168
In section 90 (directions of the Commissioners) for “the Commissioners” (in
each place including the sidenote) substitute “the Commission”.
10
169
In section 91 (service of orders and directions), in subsections (1), (4) and (5),
for “the Commissioners” (in each place) substitute “the Commission”.
170
Omit section 92 (appeals from Commissioners).
171
In section 93 (miscellaneous provisions as to evidence), for subsection (3)
substitute—
15
“(3)
Evidence of any order, certificate or other document issued by the
Commission may be given by means of a copy which it retained, or
which is taken from a copy so retained, and evidence of an entry in
any register kept by it may be given by means of a copy of the entry,
if (in each case) the copy is certified in accordance with subsection
20
(4).
(4)
The copy shall be certified to be a true copy by any member of the
staff of the Commission generally or specially authorised by the
Commission to act for that purpose.
(5)
A document purporting to be such a copy shall be received in
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evidence without proof of the official position, authority or
handwriting of the person certifying it.
(6)
In subsection (3) above “the Commission” includes the Charity
Commissioners for England and Wales.”
172   (1)
Section 96 (construction of references to a “charity” etc.) is amended as
30
follows.
      (2)
In subsection (1) for the definition of “charity” substitute—
““charity” has the meaning given by section 1(1) of the Charities
Act 2006;”.
      (3)
Omit—
35
(a)
in the definition of “exempt charity” in subsection (1), the words
“(subject to section 24(8) above)”, and
(b)
subsection (4).
      (4)
In subsections (5) and (6) for “The Commissioners” substitute “The
Commission”.
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173
In section 97(1) (interpretation)—

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
169

(a)
in the definition of “charitable purposes”, for “charitable according
to the law of England and Wales;” substitute “charitable purposes as
defined by section 2(1) of the Charities Act 2006;”;
(b)
for the definition of “the Commissioners” substitute—
““the Commission” means the Charity Commission;”;
5
(c)
in the definition of “institution”, after ““institution”” insert “means
an institution whether incorporated or not, and”; and
(d)
at the appropriate place insert—
““members”, in relation to a charity with a body of
members distinct from the charity trustees, means
10
any of those members;”
““principal regulator”, in relation to an exempt charity,
means the charity’s principal regulator within the
meaning of section 13 of the Charities Act 2006;”
““the Tribunal” means the Charity Tribunal;”.
15
174
In section 100(3) (extent) for “Section 10” substitute “Sections 10 to 10C”.
175
In paragraph (a) of Schedule 2 (exempt charities) for “the Commissioners”
(in the first place) substitute “the Charity Commissioners for England and
Wales”.
176   (1)
Schedule 5 (meaning of “connected person” for the purposes of section 36(2))
20
is amended as follows.
      (2)
In paragraph 1 for the words preceding paragraphs (a) to (g) substitute—
    “(1)
In section 36(2) of this Act “connected person”, in relation to a
charity, means any person who falls within sub-paragraph (2)—
(a)
at the time of the disposition in question, or
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(b)
at the time of any contract for the disposition in question.
      (2)
The persons falling within this sub-paragraph are—”.
      (3)
Paragraphs (a) to (g) of paragraph 1 become paragraphs (a) to (g) of sub-
paragraph (2) (as inserted by sub-paragraph (2) above).
      (4)
After paragraph (e) of sub-paragraph (2) (as so inserted) insert—
30
“(ea)
a person carrying on business in partnership with any
person falling within any of sub-paragraphs (a) to (e)
above;”;

and in paragraph (f)(i) of that sub-paragraph, for “(e)” substitute “(ea)”.
      (5)
In paragraph 2—
35
(a)
in sub-paragraph (1), for “1(c)” substitute “1(2)(c)”,
(b)
in sub-paragraph (2), for “1(e)” substitute “1(2)(e)”, and
(c)
after that sub-paragraph add—
    “(3)
Where two persons of the same sex are not civil partners
but live together as if they were, each of them shall be
40
treated for those purposes as the civil partner of the other.”
      (6)
In paragraph 3 for “1(f)” substitute “1(2)(f)”.
      (7)
In paragraph 4(1) for “1(g)” substitute “1(2)(g)”.

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
170

Deregulation and Contracting Out Act 1994 (c. 40)
177   (1)
Section 79 of the Deregulation and Contracting Out Act 1994 (interpretation
of Part 2) is amended as follows.
      (2)
For subsection (3)(a) substitute—
“(a)
any reference to a Minister included a reference to the Forestry
5
Commissioners or to the Charity Commission;
(b)
any reference to an officer in relation to the Charity Commission
were a reference to a member or member of staff of the Commission;
and.”
      (3)
In subsection (4) after “those Commissioners” insert “or that Commission”.
10
Pensions Act 1995 (c. 26)
178
In section 107(1) of the Pensions Act 1995 (disclosure for facilitating
discharge of functions by other supervisory authorities), for the entry in the
Table relating to the Charity Commissioners substitute—

“The Charity Commission.
Functions under the Charities Act

15

1993 or the Charities Act 2006.”

Reserve Forces Act 1996 (c. 14)
179   (1)
Schedule 5 to the Reserve Forces Act 1996 (charitable property on
disbanding of units) is amended as follows.
      (2)
In paragraph 1(2) for “the Charity Commissioners” substitute “the Charity
20
Commission”.
      (3)
In paragraph 4(1)—
(a)
for “Charity Commissioners consider” substitute “Charity
Commission considers”, and
(b)
for “they” substitute “it”.
25
      (4)
In paragraph 5(2)—
(a)
for “Charity Commissioners” substitute “Charity Commission”, and
(b)
for “the Commissioners” (in both places) substitute “the
Commission”.
      (5)
In paragraph 6—
30
(a)
for “Charity Commissioners” substitute “Charity Commission”,
(b)
for “the Commissioners” substitute “the Commission”, and
(c)
for “their” substitute “its”.
Trusts of Land and Appointment of Trustees Act 1996 (c. 47)
180
In section 6(7) of the Trusts of Land and Appointment of Trustees Act 1996
35
(limitation on general powers of trustees) for “Charity Commissioners”
substitute “Charity Commission”.

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
171

Housing Act 1996 (c. 52)
181
The Housing Act 1996 has effect subject to the following amendments.
182
In section 3(3) (registration as social landlord) for “Charity Commissioners”
substitute “Charity Commission”.
183
In section 4(6) (removal from the register of social landlords) for “Charity
5
Commissioners” substitute “Charity Commission”.
184
In section 6(3) (notice of appeal against decision on removal) for “Charity
Commissioners” substitute “Charity Commission”.
185
In section 44(3) (consultation on proposals as to ownership and management
of landlord’s land) for “Charity Commissioners” substitute “Charity
10
Commission”.
186
In section 45(4) (service of copy of agreed proposals) for “Charity
Commissioners” substitute “Charity Commission”.
187
In section 46(2) (notice of appointment of manager to implement agreed
proposals) for “Charity Commissioners” substitute “Charity Commission”.
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188
In section 56(2) (meaning of “the Relevant Authority”) for “Charity
Commissioners” substitute “Charity Commission”.
189
In section 58(1)(b) (definitions relating to charities)—
(a)
for “under section 3” substitute “in accordance with section 3A”, and
(b)
omit the words from “and is not” onwards.
20
190   (1)
Schedule 1 (regulation of registered social landlords) is amended as follows.
      (2)
In paragraph 6(2) (exercise of power to appoint new director or trustee) for
“Charity Commissioners” substitute “Charity Commission”.
      (3)
In paragraph 10 (change of objects by certain charities)—
(a)
in sub-paragraphs (1) and (2) for “Charity Commissioners” (in each
25
place) substitute “Charity Commission”, and
(b)
in sub-paragraph (2) for “their” substitute “its”.
      (4)
In paragraph 18(4), for paragraphs (a) and (b) and the words following them
substitute—
“(a)
the charity’s gross income arising in connection with its
30
housing activities exceeds the sum for the time being
specified in section 43(1)(a) of the Charities Act 1993, or
(b)
the charity’s gross income arising in that connection
exceeds the accounts threshold and at the end of that
period the aggregate value of its assets (before deduction
35
of liabilities) in respect of its housing activities exceeds the
sum for the time being specified in section 43(1)(b) of that
Act;

and in this sub-paragraph “gross income” and “accounts
threshold” have the same meanings as in section 43 of the
40
Charities Act 1993.”
      (5)
In paragraph 28(4) (notification upon exercise of certain powers in relation
to registered charities) for “Charity Commissioners” substitute “Charity
Commission”.

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
172

School Standards and Framework Act 1998 (c. 31)
191
The School Standards and Framework Act 1998 has effect subject to the
following amendments.
192   (1)
Section 23 is amended as follows.
      (2)
In subsection (1) (certain school bodies to be charities that are exempt
5
charities) omit “which are exempt charities for the purposes of the Charities
Act 1993”.
      (3)
After that subsection insert—
“(1A)
Any body to which subsection (1)(a) or (b) applies is an institution to
which section 3A(4)(b) of the Charities Act 1993 applies (institutions
10
to be excepted from registration under that Act).”
      (4)
In subsection (2) (connected bodies that are to be exempt charities) for the
words from “also” onwards substitute “be treated for the purposes of section
3A(4)(b) of the Charities Act 1993 as if it were an institution to which that
provision applies.”
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      (5)
In subsection (3) (status of certain foundations) for the words from “which
(subject” onwards substitute “, and is an institution to which section 3A(4)(b)
of the Charities Act 1993 applies.”
193
In Schedule 1 (education action forums), in paragraph 10, for the words from
“which is” onwards substitute “within the meaning of the Charities Act
20
1993, and is an institution to which section 3A(4)(b) of that Act applies
(institutions to be excepted from registration under that Act).”
Cathedrals Measure 1999 (No. 1)
194
In section 34 of the Cathedrals Measure 1999 (charities) for “Charity
Commissioners” substitute “Charity Commission”.
25
Trustee Act 2000 (c. 29)
195
In section 19(4) of the Trustee Act 2000 (guidance concerning persons who
may be appointed as nominees or custodians) for “Charity Commissioners”
substitute “Charity Commission”.
Churchwardens Measure 2001 (No. 1)
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196
In section 2(1) of the Churchwardens Measure 2001 (person disqualified
from being churchwarden if disqualified from being a charity trustee)—
(a)
for “Charity Commissioners” substitute “Charity Commission”, and
(b)
for “them” substitute “it”.
Licensing Act 2003 (c. 17)
35
197
In Schedule 2 to the Licensing Act 2003 (provision of late night refreshment)
in paragraph 5(4)—
(a)
for “under section 3” substitute “in accordance with section 3A”, and
(b)
for “subsection (5)” substitute “subsection (2)”.

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
173

Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27)
198
The Companies (Audit, Investigations and Community Enterprise) Act 2004
has effect subject to the following amendments.
199
In section 39 (existing companies: charities), in subsections (1) and (2), for
“Charity Commissioners” substitute “Charity Commission”.
5
200
In section 40 (existing companies: Scottish charities), in subsections (4)(b)
and (6), for “Charity Commissioners” substitute “Charity Commission”.
201
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
202
In paragraph 4 of Schedule 3 (regulator of community interest companies)—
(a)
for “Chief Charity Commissioner” substitute “chairman of the
Charity Commission”, and
(b)
for “any officer or employee appointed under paragraph 2(1) of
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)
203
The Pensions Act 2004 has effect subject to the following amendments.
20
204
In Schedule 3 (certain permitted disclosures of restricted information held
by the Regulator), for the entry relating to the Charity Commissioners
substitute—

“The Charity Commission.
Functions under the Charities Act

1993 (c. 10) or the Charities Act

25

2006.”

205
In Schedule 8 (certain permitted disclosures of restricted information held
by the Board), for the entry relating to the Charity Commissioners
substitute—

“The Charity Commission.
Functions under the Charities Act

30

1993 (c. 10) or the Charities Act

2006.”

Constitutional Reform Act 2005 (c. 4)
206
In Part 3 of Schedule 14 to the Constitutional Reform Act 2005 (the Judicial
Appointments Commission: relevant offices etc.) after the entries relating to
35

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
174

section 6(5) of the Tribunals and Inquiries Act 1992 insert—

“President of the Charity
Paragraph 1(2) of Schedule

Tribunal
1B to the Charities Act 1993

(c. 10)”.

Legal member of the Charity

5

Tribunal

Ordinary member of the

Charity Tribunal

Charities and Trustee Investment (Scotland) Act 2005 (asp 10)
207
The Charities and Trustee Investment (Scotland) Act 2005 has effect subject
10
to the following amendments.
208
In section 36(1) (powers of OSCR in relation to English and Welsh
charities)—
(a)
for “Charity Commissioners for England and Wales inform”
substitute “Charity Commission for England and Wales informs”,
15
(b)
for “under section 3” substitute “in accordance with section 3A”, and
(c)
for “section 3(5) of that Act,” substitute “subsection (2) of that
section,”.
209
In section 69(2)(d)(i) (persons disqualified from being charity trustees)—
(a)
at the beginning insert “by the Charity Commission for England and
20
Wales under section 18(2)(i) of the Charities Act 1993 or”, and
(b)
for “under section 18(2)(i) of the Charities Act 1993 (c. 10),” substitute
“, whether under section 18(2)(i) of that Act or under”.
Equality Act 2006 (c. 3)
210   (1)
The Equality Act 2006 has effect subject to the following amendments.
25
      (2)
In section 58(2) (charities relating to religion or belief)—
(a)
for “Charity Commissioners for England and Wales” substitute
“Charity Commission”, and
(b)
for “the Commissioners” substitute “the Commission”.
      (3)
In section 79(1)(a) (interpretation) after “given by” insert “section 1(1) of”.
30