|
| |
| |
(6) | Any person specified, or of a description specified, in regulations made under |
| |
this section who discloses information in contravention of subsection (5) is |
| |
guilty of an offence and liable— |
| |
(a) | on summary conviction, to imprisonment for a term not exceeding 12 |
| |
months or to a fine not exceeding the statutory maximum, or both; |
| 5 |
(b) | on conviction on indictment, to imprisonment for a term not exceeding |
| |
two years or to a fine, or both. |
| |
(7) | It is a defence for a person charged with an offence under subsection (5) of |
| |
disclosing information to prove that he reasonably believed— |
| |
(a) | that the disclosure was lawful, or |
| 10 |
(b) | that the information had already and lawfully been made available to |
| |
| |
(8) | In the application of this section to Scotland or Northern Ireland, the reference |
| |
to 12 months in subsection (6) is to be read as a reference to 6 months. |
| |
| 15 |
“relevant public authority” means— |
| |
(a) | any government department (other than a Northern Ireland |
| |
| |
(b) | any local authority in England, Wales or Scotland, |
| |
(c) | any person who is a constable in England and Wales or |
| 20 |
| |
(d) | any other body or person discharging functions of a public |
| |
nature (including a body or person discharging regulatory |
| |
functions in relation to any description of activities), except a |
| |
body or person whose functions are exercisable only or mainly |
| 25 |
in or as regards Northern Ireland and relate only or mainly to |
| |
| |
“Revenue and Customs information” means information held as |
| |
mentioned in section 18(1) of the Commissioners for Revenue and |
| |
Customs Act 2005 (c. 11); |
| 30 |
“transferred matter” has the same meaning as in the Northern Ireland Act |
| |
| |
73 | Report on operation of this Act |
| |
(1) | The Secretary of State must, before the end of the period of five years beginning |
| |
with the day on which this Act is passed, appoint a person to review generally |
| 35 |
the operation of this Act. |
| |
(2) | The review must address, in particular, the following matters— |
| |
(a) | the effect of the Act on— |
| |
| |
(ii) | public confidence in charities, |
| 40 |
(iii) | the level of charitable donations, and |
| |
(iv) | the willingness of individuals to volunteer, |
| |
(b) | the status of the Charity Commission as a government department, and |
| |
(c) | any other matters the Secretary of State considers appropriate. |
| |
(3) | After the person appointed under subsection (1) has completed his review, he |
| 45 |
must compile a report of his conclusions. |
| |
| |
| |
|
| |
| |
(4) | The Secretary of State must lay before Parliament a copy of the report |
| |
mentioned in subsection (3). |
| |
(5) | For the purposes of this section a charity is an excepted charity if — |
| |
(a) | it falls within paragraph (b) or (c) of section 3A(2) of the 1993 Act (as |
| |
amended by section 9 of this Act), or |
| 5 |
(b) | it does not fall within either of those paragraphs but, immediately |
| |
before the coming into force of section 9 of this Act, it fell within section |
| |
3(5)(b) or (5B)(b) of the 1993 Act. |
| |
| |
74 | Orders and regulations |
| 10 |
(1) | Any power of the Secretary of State to make an order or regulations under this |
| |
Act is exercisable by statutory instrument. |
| |
| |
(a) | may be exercised so as to make different provision for different cases or |
| |
descriptions of case or different purposes or areas, and |
| 15 |
(b) | includes power to make such incidental, supplementary, |
| |
consequential, transitory, transitional or saving provision as the |
| |
Secretary of State considers appropriate. |
| |
(3) | Subject to subsection (4), orders or regulations made by the Secretary of State |
| |
under this Act are to be subject to annulment in pursuance of a resolution of |
| 20 |
either House of Parliament. |
| |
(4) | Subsection (3) does not apply to— |
| |
(a) | any order under section 11, |
| |
(b) | any regulations under section 13(4)(b) which amend any provision of |
| |
| 25 |
(c) | any regulations under section 72, |
| |
(d) | any order under section 75(4) which amends or repeals any provision |
| |
of an Act or an Act of the Scottish Parliament, |
| |
(e) | any order under section 76, or |
| |
(f) | any order under section 78(2). |
| 30 |
(5) | No order or regulations within subsection (4)(a), (b), (c), (d) or (e) may be made |
| |
by the Secretary of State (whether alone or with other provisions) unless a draft |
| |
of the order or regulations has been laid before, and approved by resolution of, |
| |
each House of Parliament. |
| |
(6) | If a draft of an instrument containing an order under section 11 would, apart |
| 35 |
from this subsection, be treated for the purposes of the Standing Orders of |
| |
either House of Parliament as a hybrid instrument, it is to proceed in that |
| |
House as if it were not such an instrument. |
| |
75 | Amendments, repeals, revocations and transitional provisions |
| |
(1) | Schedule 8 contains minor and consequential amendments. |
| 40 |
(2) | Schedule 9 makes provision for the repeal and revocation of enactments |
| |
(including enactments which are spent). |
| |
| |
| |
|
| |
| |
(3) | Schedule 10 contains transitional provisions and savings. |
| |
(4) | The Secretary of State may by order make— |
| |
(a) | such supplementary, incidental or consequential provision, or |
| |
(b) | such transitory, transitional or saving provision, |
| |
| as he considers appropriate for the general purposes, or any particular |
| 5 |
purposes, of this Act or in consequence of, or for giving full effect to, any |
| |
provision made by this Act. |
| |
(5) | An order under subsection (4) may amend, repeal, revoke or otherwise modify |
| |
| |
76 | Pre-consolidation amendments |
| 10 |
(1) | The Secretary of State may by order make such amendments of the enactments |
| |
relating to charities as in his opinion facilitate, or are otherwise desirable in |
| |
connection with, the consolidation of the whole or part of those enactments. |
| |
(2) | An order under this section shall not come into force unless— |
| |
| 15 |
(b) | a group of two or more Acts, |
| |
| is passed consolidating the whole or part of the enactments relating to charities |
| |
(with or without any other enactments). |
| |
(3) | If such an Act or group of Acts is passed, the order shall (by virtue of this |
| |
subsection) come into force immediately before the Act or group of Acts comes |
| 20 |
| |
(4) | Once an order under this section has come into force, no further order may be |
| |
| |
| |
“amendments” includes repeals, revocations and modifications, and |
| 25 |
“the enactments relating to charities” means— |
| |
(a) | the Charities Act 1992 (c. 41), the Charities Act 1993 (c. 10) and |
| |
| |
(b) | any other enactment relating to institutions which fall within |
| |
section 1(1) of this Act, and |
| 30 |
(c) | any other enactment, so far as forming part of the law of |
| |
England and Wales, which makes provision relating to bodies |
| |
or other institutions which are charities under the law of |
| |
Scotland or Northern Ireland, |
| |
| and section 77(2)(a) (definition of “charity”) does not apply for the purposes of |
| 35 |
| |
| |
| |
“the 1992 Act” means the Charities Act 1992; |
| |
“the 1993 Act” means the Charities Act 1993. |
| 40 |
| |
(a) | “charity” has the meaning given by section 1(1); |
| |
| |
| |
|
| |
| |
(b) | “charitable purposes” has (in accordance with section 2(6)) the meaning |
| |
given by section 2(1); and |
| |
(c) | “charity trustees” has the same meaning as in the 1993 Act; |
| |
| but (subject to subsection (3) below) the exclusions contained in section 96(2) |
| |
of the 1993 Act (ecclesiastical corporations etc.) have effect in relation to |
| 5 |
references to a charity in this Act as they have effect in relation to such |
| |
| |
(3) | Those exclusions do not have effect in relation to references in section 1 or any |
| |
reference to the law relating to charities in England and Wales. |
| |
(4) | In this Act “enactment” includes— |
| 10 |
(a) | any provision of subordinate legislation (within the meaning of the |
| |
Interpretation Act 1978 (c. 30)), |
| |
(b) | a provision of a Measure of the Church Assembly or of the General |
| |
Synod of the Church of England, and |
| |
(c) | (in the context of section 6(5) or 75(5)) any provision made by or under |
| 15 |
an Act of the Scottish Parliament or Northern Ireland legislation, |
| |
| and references to enactments include enactments passed or made after the |
| |
| |
(5) | In this Act “institution” means an institution whether incorporated or not, and |
| |
includes a trust or undertaking. |
| 20 |
(6) | Subsections (2) to (5) apply except where the context otherwise requires. |
| |
| |
(1) | The following provisions come into force on the day on which this Act is |
| |
| |
(a) | section 13(4) and (5), |
| 25 |
| |
(c) | section 75(4) and (5), |
| |
| |
(e) | this section and section 79, and |
| |
(f) | paragraph 103 of Schedule 8 so far as it confers power to make |
| 30 |
regulations, and section 75(1) so far as relating to that paragraph. |
| |
(2) | Otherwise, this Act comes into force on such day as the Secretary of State may |
| |
| |
(3) | An order under subsection (2)— |
| |
(a) | may appoint different days for different purposes or different areas; |
| 35 |
(b) | make such provision as the Secretary of State considers necessary or |
| |
expedient for transitory, transitional or saving purposes in connection |
| |
with the coming into force of any provision of this Act. |
| |
79 | Short title and extent |
| |
(1) | This Act may be cited as the Charities Act 2006. |
| 40 |
(2) | Subject to subsections (3) to (5), this Act extends to England and Wales only. |
| |
(3) | The following provisions extend also to Scotland and Northern Ireland— |
| |
| |
| |
| |
|
| |
| |
(b) | (subject to subsections (5) and (6)) this Part. |
| |
(4) | Section 23 extends also to Northern Ireland. |
| |
(5) | Any amendment, repeal or revocation made by this Act has the same extent as |
| |
the enactment to which it relates. |
| |
(6) | But this does not apply to— |
| 5 |
(a) | the amendments made by section 32 in the Companies Act 1985 (c. 6), |
| |
| |
(b) | those made by Schedule 8 in the Police, Factories, &c. (Miscellaneous |
| |
Provisions) Act 1916 (c. 31), or |
| |
(c) | the repeal made in that Act by Schedule 9, |
| 10 |
| which extend to England and Wales only. |
| |
(7) | Any amendment, repeal or revocation made by this Act in the Recreational |
| |
Charities Act 1958 (c. 17) affects the law of Scotland or Northern Ireland in |
| |
relation only to the operation of the Income Tax Acts. |
| |
| |
| |
|
