Charities Bill [HL]

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Session 2005 - 06
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Charities Bill [HL]

Charities Bill [HL]
Schedule 9 — Repeals and Revocations
175

Schedule 9
Section 75

Repeals and Revocations

Short title and chapter or title and
Extent of repeal or revocation

number

Police, Factories, &c.
In section 5(1), in paragraph (b) of the proviso,

5

(Miscellaneous Provisions)
the words from “, and no representation”

Act 1916 (c. 31)
onwards.

Recreational Charities Act 1958
Section 2.

(c. 17)

Church Funds Investment
Section 5.

10

Measure 1958 (No. 1)

Charities Act 1960 (c. 58)
The whole Act.

Housing Act 1985 (c. 68)
In section 6A(5), the words from “and is not”

onwards.

Reverter of Sites Act 1987 (c. 15)
In section 4(4), the words “and appeals” and (in

15

both places) “, and to appeals against,”.

Charities Act 1992 (c. 41)
Part 1 (so far as unrepealed).

Part 3.

Section 76(1)(c) and the word “and” preceding

it.

20

In section 77(4), “or 73”.

In section 79, in subsection (6) the words

“(subject to subsection (7))”, and subsection

(7).

Schedule 5.

25

In Schedule 6, paragraph 9.

In Schedule 7, the entry relating to the Police,

Factories, &c. (Miscellaneous Provisions) Act

1916.

Charities Bill [HL]
Schedule 9 — Repeals and Revocations
176

Short title and chapter or title and
Extent of repeal or revocation

number

Charities Act 1993 (c. 10)
Section 1.

In section 2(7), the words from “, and the report”

onwards.

5

In section 4, subsection (3) and, in subsection

(5), the words “, whether given on such an

appeal or not”.

Section 6(9).

Section 9(4).

10

In section 16, in subsection (4)(c) the words “in

the case of a charity other than an exempt

charity,”, in subsection (5) the words “which

is not an exempt charity and”, and

subsections (11) to (14).

15

In section 17(7), the words from “but this

subsection” onwards.

Section 18(8) to (10).

In section 23(2), the words “or them”.

In section 24(8), the words from “; and if the

20

scheme” onwards.

Section 28(10).

In section 33, in each of subsections (2) and (7)

the words “(other than an exempt charity)”.

Section 44(3).

25

Section 46(8).

Section 61(7).

In section 73(4), the words “(other than an

exempt charity)”.

Section 92.

30

In section 96, in the definition of “exempt

charity” in subsection (1) the words “(subject

to section 24(8) above)”, and subsection (4).

Charities Act 1993 (c. 10)—
Schedule 1.

cont.Charities Act 1993
In Schedule 2, in paragraph (b) the words “and

35

(c. 10)—cont.—
the colleges of Winchester and Eton”, and

paragraphs (x) and (zb).

In Schedule 6, paragraphs 1(2), 26, 28 and 29(2)

to (4), (7) and (8).

National Lottery etc. Act 1993
In Schedule 5, paragraph 12.

40

(c. 39)

Local Government (Wales) Act
In Schedule 16, paragraph 99.

1994 (c. 19)

Deregulation and Contracting
Section 28.

Out Act 1994 (c. 40)
Section 29(7) and (8).

45

Housing Act 1996 (c. 52)
In section 58(1)(b), the words from “and is not”

onwards.

Teaching and Higher Education
Section 41.

Act 1998 (c. 30)
In Schedule 3, paragraph 9.

School Standards and
In section 23(1), the words “which are exempt

50

Framework Act 1998 (c. 31)
charities for the purposes of the Charities Act

1993”.

In Schedule 30, paragraph 48.

Charities Bill [HL]
Schedule 10 — Transitional provisions and savings
177

Short title and chapter or title and
Extent of repeal or revocation

number

Intervention Board for
Regulation 6(11)(a).

Agricultural Produce

(Abolition) Regulations 2001

5

(S.I. 2001/3686)

Regulatory Reform (National
Article 3(5).

Health Service Charitable

and Non-Charitable Trust

Accounts and Audit) Order

10

2005 (S.I. 2005/1074)

Schedule 10
Section 75

Transitional provisions and savings
Section 4: guidance as to operation of public benefit requirement
1
Any consultation initiated by the Charity Commissioners for England and
15
Wales before the day on which section 4 of this Act comes into force is to be
as effective for the purposes of section 4(4)(a) as if it had been initiated by the
Commission on or after that day.
Section 5: recreational charities etc.
2
Where section 2 of the Recreational Charities Act 1958 (c. 17) applies to any
20
trusts immediately before the day on which subsection (3) of section 5 of this
Act comes into force, that subsection does not prevent the trusts from
continuing to be charitable if they constitute a charity in accordance with
section 1(1) of this Act.
Section 18: cy-près schemes
25
3
The amendment made by section 18 applies to property given for charitable
purposes whether before or on or after the day on which that section comes
into force.
Section 19: suspension or removal of trustee etc. from membership of charity
4
The amendment made by section 19 applies where the misconduct or other
30
relevant conduct on the part of the person suspended or removed from his
office or employment took place on or after the day on which section 19
comes into force.
Section 20: specific directions for protection of charity
5
The amendment made by section 20 applies whether the inquiry under
35
section 8 of the 1993 Act was instituted before or on or after the day on which
section 20 comes into force.

Charities Bill [HL]
Schedule 10 — Transitional provisions and savings
178

Section 26: offence of obstructing power of entry
6
In relation to an offence committed before the commencement of section
281(5) of the Criminal Justice Act 2003 (c. 44) (alteration of penalties for
summary offences), the reference to 51 weeks in section 31A(11) of the 1993
Act (as inserted by section 26 of this Act) is to be read as a reference to 3
5
months.
Section 28: audit or examination of accounts of charity which is not a company
7
The amendments made by section 28 apply in relation to any financial year
of a charity which begins on or after the day on which that section comes into
force.
10
Section 29: auditor etc. of charity which is not a company to report matters to Commission
8     (1)
The amendments made by section 29 apply in relation to matters (“pre-
commencement matters”) of which a person became aware at any time
falling—
(a)
before the day on which that section comes into force, and
15
(b)
during a financial year ending on or after that day,

as well as in relation to matters of which he becomes aware on or after that
day.
      (2)
Any duty imposed by or by virtue of the new section 44A(2) or 46(2A) of the
1993 Act inserted by section 29 must be complied with in relation to any such
20
pre-commencement matters as soon as practicable after section 29 comes
into force.
Section 32: audit or examination of accounts of charitable companies
9
The amendments made by section 32 apply in relation to any financial year
of a charity which begins on or after the day on which that section comes into
25
force.
Section 33: auditor etc. of charitable company to report matters to Commission
10    (1)
The amendment made by section 33 applies in relation to matters (“pre-
commencement matters”) of which a person became aware at any time
falling—
30
(a)
before the day on which that section comes into force, and
(b)
during a financial year ending on or after that day,

as well as in relation to matters of which he becomes aware on or after that
day.
      (2)
Any duty imposed by virtue of the new section 68A(1) of the 1993 Act
35
inserted by section 33 must be complied with in relation to any such pre-
commencement matters as soon as practicable after section 33 comes into
force.
Section 35: waiver of trustee’s disqualification
11
The amendment made by section 35 applies whether the disqualification
40
took effect before, on or after the day on which that section comes into force.

Charities Bill [HL]
Schedule 10 — Transitional provisions and savings
179

Section 36: remuneration of trustees etc. providing services to charity
12    (1)
This paragraph applies to the amendment made by section 36.
      (2)
That amendment does not affect the payment of remuneration or provision
of services in accordance with an agreement made before the day on which
section 36 comes into force.
5
      (3)
In relation to any time before section 1 of the Civil Partnership Act 2004
(c. 33) comes into force in relation to England and Wales, section 73B(5)(b) of
the 1993 Act (as inserted by section 36) has effect with the omission of the
reference to a civil partner.
Section 38: relief from liability for breach of trust or duty
10
13
Sections 73D and 73E of the 1993 Act (as inserted by section 38 of this Act)
have effect in relation to acts or omissions occurring before the day on which
section 38 comes into force as well as in relation to those occurring on or after
that day.
Section 44: registration of charity mergers
15
14
Section 75C of the 1993 Act (as inserted by section 44 of this Act) applies to
relevant charity mergers taking place before the day on which section 44
comes into force as well as to ones taking place on or after that day.
Section 67: statements relating to fund-raising
15
The amendments made by section 67 apply in relation to any solicitation or
20
representation to which section 60(1), (2) or (3) of the 1992 Act applies and
which is made on or after the day on which section 67 comes into force.
Section 72: Disclosure of information to and by Northern Ireland regulator
16
In relation to an offence committed in England and Wales before the
commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44)
25
(general limit on magistrates’ courts power to impose imprisonment), the
reference to 12 months in section 72(6) is to be read as a reference to 6
months.
Schedule 6: group accounts
17
Paragraph 3(2) of the new Schedule 5A inserted in the 1993 Act by Schedule
30
6 to this Act does not apply in relation to any financial year of a parent
charity beginning before the day on which paragraph 3(2) comes into force.
Schedule 8: minor and consequential amendments
18
The following provisions, namely—
(a)
paragraphs 79(6) and (8), 82(3) and (4), 98(3), (4)(a) and (5)(a) and (c),
35
108(12), 110(7) and 170 of Schedule 8, and
(b)
the corresponding entries in Schedule 9,

do not affect the operation of the Coal Industry Act 1987 (c. 3), the Reverter
of Sites Act 1987 (c. 15) or the 1993 Act in relation to any appeal brought in
the High Court before the day on which those provisions come into force.
40

Charities Bill [HL]
Schedule 10 — Transitional provisions and savings
180

19
Paragraph 97(2) of Schedule 8 does not affect the validity of any designation
made by the Charity Commissioners for England and Wales under section
2(2) of the 1993 Act which is in effect immediately before that paragraph
comes into force.
20
In relation to an offence committed in England and Wales before the
5
commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44)
(general limit on magistrates’ courts power to impose imprisonment), the
reference to 12 months in section 10A(4) of the 1993 Act (as inserted by
paragraph 103 of Schedule 8 to this Act) is to be read as a reference to 6
months.
10
21
In the amendment made by paragraph 132 of Schedule 8, the reference to a
civil partner does not apply in relation to any time before section 1 of the
Civil Partnership Act 2004 (c. 33) comes into force in relation to England and
Wales.
22
The amendment made by paragraph 176(5)(c) of Schedule 8 does not apply
15
in relation to any time before section 1 of the Civil Partnership Act 2004 (c.
33) comes into force in relation to England and Wales.
Schedule 9: savings on repeal of provisions of Charities Act 1960
23    (1)
This paragraph applies where, immediately before the coming into force of
the repeal by this Act of section 35(6) of the Charities Act 1960 (c. 58)
20
(transfer and evidence of title to property vested in trustees), any relevant
provision had effect, in accordance with that provision, as if contained in a
conveyance or other document declaring the trusts on which land was held
at the commencement of that Act.
      (2)
In such a case the relevant provision continues to have effect as if so
25
contained despite the repeal of section 35(6) of that Act.
      (3)
A “relevant provision” means a provision of any of the following Acts
providing for the appointment of trustees—
(a)
the Trustee Appointment Act 1850 (c.28),
(b)
the Trustee Appointment Act 1869 (c.26),
30
(c)
the Trustees Appointment Act 1890 (c.19), or
(d)
the School Sites Act 1852 (c. 49) so far as applying any of the above
Acts,

as in force at the commencement of the Charities Act 1960.
24
The repeal by this Act of section 39(2) of the Charities Act 1960 (repeal of
35
obsolete enactments) does not affect the continued operation of any trusts
which, at the commencement of that Act, were wholly or partly comprised
in an enactment specified in Schedule 5 to that Act (enactments repealed as
obsolete).
25
The repeal by this Act of section 48(1) of, and Schedule 6 to, the Charities Act
40
1960 (consequential amendments etc.) does not affect the amendments made
by Schedule 6 in—
(a)
section 9 of the Places of Worship Registration Act 1855 (c. 81),
(b)
section 4(1) of the Open Spaces Act 1906 (c. 25),
(c)
section 24(4) of the Landlord and Tenant Act 1927 (c. 36), or
45
(d)
section 14(1) or 31 of the New Parishes Measure 1943.

Charities Bill [HL]
Schedule 10 — Transitional provisions and savings
181

26
Despite the repeal by this Act of section 48(3) of the Charities Act 1960 (c. 58),
section 30(3) to (5) of the 1993 Act continue to apply to documents enrolled
by or deposited with the Charity Commissioners under the Charitable
Trusts Acts 1853 to 1939.
27
Despite the repeal by this Act of section 48(4) of the Charities Act 1960—
5
(a)
any scheme, order, certificate or other document issued under or for
the purposes of the Charitable Trusts Acts 1853 to 1939 and having
effect in accordance with section 48(4) immediately before the
commencement of that repeal continues to have the same effect (and
to be enforceable or liable to be discharged in the same way) as
10
would have been the case if that repeal had not come into force, and
(b)
any such document, and any document under the seal of the official
trustees of charitable funds, may be proved as if the 1960 Act had not
been passed.
28    (1)
Despite the repeal by this Act of section 48(6) of the Charities Act 1960, the
15
official custodian for charities is to continue to be treated as the successor for
all purposes both of the official trustee of charity lands and of the official
trustees of charitable funds as if—
(a)
the functions of the official trustee or trustees had been functions of
the official custodian, and
20
(b)
as if the official trustee or trustees had been, and had discharged his
or their functions as, holder of the office of the official custodian.
      (2)
Despite the repeal of section 48(6) (and without affecting the generality of
sub-paragraph (1))—
(a)
any property which immediately before the commencement of that
25
repeal was, by virtue of section 48(6), held by the official custodian
as if vested in him under section 21 of the 1993 Act continues to be so
held, and
(b)
any enactment or document referring to the official trustee or
trustees mentioned above continues to have effect, so far as the
30
context permits, as if the official custodian had been mentioned
instead.
29
The repeal by this Act of the Charities Act 1960 does not affect any
transitional provision or saving contained in that Act which is capable of
having continuing effect but whose effect is not preserved by any other
35
provision of this Schedule.
Schedule 9: savings on repeal of provisions of Charities Act 1992
30
The repeal by this Act of section 49 of, and Schedule 5 to, the 1992 Act
(amendments relating to redundant churches etc.) does not affect the
amendments made by that Schedule in the Redundant Churches and Other
40
Religious Buildings Act 1969.
Schedule 9: repeal of certain repeals made by Charities Acts 1960 and 1992
31    (1)
It is hereby declared that (in accordance with sections 15 and 16 of the
Interpretation Act 1978 (c. 30)) the repeal by this Act of any of the provisions
mentioned in sub-paragraph (2) does not revive so much of any enactment
45
or document as ceased to have effect by virtue of that provision.
      (2)
The provisions are—