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(1) | After section 2 of the 1993 Act insert— |
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(1) | There shall be a tribunal to be known as the Charity Tribunal (in this |
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Act referred to as “the Tribunal”). |
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(2) | In Welsh the Tribunal shall be known as “Tribiwnlys Elusennau”. |
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(3) | The provisions of Schedule 1B to this Act shall have effect with respect |
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to the constitution of the Tribunal and other matters relating to it. |
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(4) | The Tribunal shall have jurisdiction to hear and determine— |
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(a) | such appeals and applications as may be made to the Tribunal |
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in accordance with Schedule 1C to this Act, or any other |
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enactment, in respect of decisions, orders or directions of the |
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(b) | such matters as may be referred to the Tribunal in accordance |
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with Schedule 1D to this Act by the Commission or the Attorney |
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(5) | Such appeals, applications and matters shall be heard and determined |
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by the Tribunal in accordance with those Schedules, or any such |
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enactment, taken with section 2B below and rules made under that |
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2B | Practice and procedure |
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(1) | The Lord Chancellor may make rules— |
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(a) | regulating the exercise of rights to appeal or to apply to the |
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Tribunal and matters relating to the making of references to it; |
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(b) | about the practice and procedure to be followed in relation to |
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proceedings before the Tribunal. |
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(2) | Rules under subsection (1)(a) above may, in particular, make |
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(a) | specifying steps which must be taken before appeals, |
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applications or references are made to the Tribunal (and the |
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period within which any such steps must be taken); |
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(b) | specifying the period following the Commission’s final |
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decision, direction or order within which such appeals or |
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applications may be made; |
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(c) | requiring the Commission to inform persons of their right to |
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appeal or apply to the Tribunal following a final decision, |
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direction or order of the Commission; |
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(d) | specifying the manner in which appeals, applications or |
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references to the Tribunal are to be made. |
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(3) | Rules under subsection (1)(b) above may, in particular, make |
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(a) | for the President or a legal member of the Tribunal (see |
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paragraph 1(2)(b) of Schedule 1B to this Act) to determine |
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preliminary, interlocutory or ancillary matters; |
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(b) | for matters to be determined without an oral hearing in |
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(c) | for the Tribunal to deal with urgent cases expeditiously; |
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(d) | about the disclosure of documents; |
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(f) | about the admission of members of the public to proceedings; |
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(g) | about the representation of parties to proceedings; |
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(h) | about the withdrawal of appeals, applications or references; |
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(i) | about the recording and promulgation of decisions; |
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(j) | about the award of costs. |
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(4) | Rules under subsection (1)(a) or (b) above may confer a discretion on— |
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(b) | a member of the Tribunal, or |
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(5) | The Tribunal may award costs only in accordance with subsections (6) |
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(6) | If the Tribunal considers that any party to proceedings before it has |
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acted vexatiously, frivolously or unreasonably, the Tribunal may order |
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that party to pay to any other party to the proceedings the whole or part |
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of the costs incurred by that other party in connection with the |
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(7) | If the Tribunal considers that a decision, direction or order of the |
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Commission which is the subject of proceedings before it was |
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unreasonable, the Tribunal may order the Commission to pay to any |
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other party to the proceedings the whole or part of the costs incurred |
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by that other party in connection with the proceedings. |
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(8) | Rules of the Lord Chancellor under this section— |
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(a) | shall be made by statutory instrument, and |
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(b) | shall be subject to annulment in pursuance of a resolution of |
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either House of Parliament. |
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(9) | Section 86(3) below applies in relation to rules of the Lord Chancellor |
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under this section as it applies in relation to regulations and orders of |
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the Secretary of State under this Act. |
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(1) | A party to proceedings before the Tribunal may appeal to the High |
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Court against a decision of the Tribunal. |
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(2) | Subject to subsection (3) below, an appeal may be brought under this |
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section against a decision of the Tribunal only on a point of law. |
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(3) | In the case of an appeal under this section against a decision of the |
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Tribunal which determines a question referred to it by the Commission |
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or the Attorney General, the High Court— |
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(a) | shall consider afresh the question referred to the Tribunal, and |
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(b) | may take into account evidence which was not available to the |
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(4) | An appeal under this section may be brought only with the permission |
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(b) | if the Tribunal refuses permission, the High Court. |
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(5) | For the purposes of subsection (1) above— |
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(a) | the Commission and the Attorney General are to be treated as |
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parties to all proceedings before the Tribunal, and |
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(b) | rules under section 2B(1) above may include provision as to |
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who else is to be treated as being (or not being) a party to |
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proceedings before the Tribunal. |
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2D | Intervention by Attorney General |
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(1) | This section applies to any proceedings— |
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(a) | before the Tribunal, or |
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(b) | on an appeal from the Tribunal, |
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| to which the Attorney General is not a party. |
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(2) | The Tribunal or, in the case of an appeal from the Tribunal, the court |
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may at any stage of the proceedings direct that all the necessary papers |
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in the proceedings be sent to the Attorney General. |
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(3) | A direction under subsection (2) may be made by the Tribunal or |
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(a) | of its own motion, or |
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(b) | on the application of any party to the proceedings. |
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(4) | The Attorney General may— |
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(a) | intervene in the proceedings in such manner as he thinks |
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necessary or expedient, and |
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(b) | argue before the Tribunal or court any question in relation to the |
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proceedings which the Tribunal or court considers it necessary |
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(5) | Subsection (4) applies whether or not the Tribunal or court has given a |
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direction under subsection (2).” |
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(2) | Schedule 3 (which inserts the new Schedule 1B into the 1993 Act) has effect. |
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(3) | Schedule 4 (which inserts the new Schedules 1C and 1D into the 1993 Act) has |
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Registration of charities |
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9 | Registration of charities |
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For section 3 of the 1993 Act substitute— |
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(1) | There shall continue to be a register of charities, which shall be kept by |
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(2) | The register shall be kept by the Commission in such manner as it |
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(3) | The register shall contain— |
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(a) | the name of every charity registered in accordance with section |
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3A below (registration), and |
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(b) | such other particulars of, and such other information relating |
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to, every such charity as the Commission thinks fit. |
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(4) | The Commission shall remove from the register— |
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(a) | any institution which it no longer considers is a charity, and |
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(b) | any charity which has ceased to exist or does not operate. |
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(5) | If the removal of an institution under subsection (4)(a) above is due to |
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any change in its trusts, the removal shall take effect from the date of |
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(6) | A charity which is for the time being registered under section 3A(6) |
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below (voluntary registration) shall be removed from the register if it |
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(7) | The register (including the entries cancelled when institutions are |
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removed from the register) shall be open to public inspection at all |
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(8) | Where any information contained in the register is not in documentary |
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form, subsection (7) above shall be construed as requiring the |
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information to be available for public inspection in legible form at all |
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(9) | If the Commission so determines, subsection (7) shall not apply to any |
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particular information contained in the register that is specified in the |
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(10) | Copies (or particulars) of the trusts of any registered charity as supplied |
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to the Commission under section 3B below (applications for |
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registration etc.) shall, so long as the charity remains on the register— |
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(a) | be kept by the Commission, and |
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(b) | (subject to subsection (11)) be open to public inspection at all |
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(11) | Subsection (10)(b) does not apply— |
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(a) | in relation to any charities specified, or of a description |
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specified, in regulations made by the Secretary of State, or |
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(b) | in such circumstances as are so specified. |
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3A | Registration of charities |
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(1) | Every charity must be registered in the register of charities unless |
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subsection (2) below applies to it. |
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(2) | The following are not required to be registered— |
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(a) | any exempt charity (see Schedule 2 to this Act); |
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(b) | any charity which for the time being— |
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(i) | is permanently or temporarily excepted by order of the |
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(ii) | complies with any conditions of the exception, |
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| and whose gross income does not exceed £100,000; |
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(c) | any charity which for the time being— |
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(i) | is, or is of a description, permanently or temporarily |
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excepted by regulations made by the Secretary of State, |
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(ii) | complies with any conditions of the exception, |
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| and whose gross income does not exceed £100,000; and |
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(d) | any charity whose gross income does not exceed £5,000. |
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(3) | For the purposes of subsection (2)(b) above— |
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(a) | any order made or having effect as if made by the Commission |
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under section 3(5)(b) of this Act (as originally enacted) and in |
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force immediately before the appointed day has effect as from |
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that day as if made under subsection (2)(b) (and may be varied |
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or revoked accordingly); and |
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(b) | no order may be made under subsection (2)(b) so as to except on |
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or after the appointed day any charity that was not excepted |
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immediately before that day. |
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(4) | For the purposes of subsection (2)(c) above— |
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(a) | any regulations made or having effect as if made by the |
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Secretary of State under section 3(5)(b) of this Act (as originally |
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enacted) and in force immediately before the appointed day |
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have effect as from that day as if made under subsection (2)(c) |
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(and may be varied or revoked accordingly); |
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(b) | such regulations shall be made under subsection (2)(c) as are |
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necessary to secure that all of the formerly specified institutions |
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are excepted under that provision (subject to compliance with |
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any conditions of the exception and the financial limit |
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mentioned in that provision); but |
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(c) | otherwise no regulations may be made under subsection (2)(c) |
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so as to except on or after the appointed day any description of |
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charities that was not excepted immediately before that day. |
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(5) | In subsection (4)(b) above “formerly specified institutions” means— |
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(a) | any institution falling within section 3(5B)(a) or (b) of this Act as |
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in force immediately before the appointed day (certain |
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educational institutions); or |
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(b) | any institution ceasing to be an exempt charity by virtue of |
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section 11 of the Charities Act 2006 or any order made under |
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(a) | subsection (2)(b) or (c) above, or |
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(b) | subsection (2)(d) above, |
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| must, if it so requests, be registered in the register of charities. |
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(7) | The Secretary of State may by order amend— |
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(a) | subsection (2)(b) and (c) above, or |
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(b) | subsection (2)(d) above, |
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| by substituting a different sum for the sum for the time being specified |
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(8) | The Secretary of State may only make an order under subsection (7) |
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(a) | so far as it amends subsection (2)(b) and (c), if he considers it |
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expedient to so with a view to reducing the scope of the |
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exception provided by those provisions; |
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(b) | so far as it amends subsection (2)(d), if he considers it expedient |
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to do so in consequence of changes in the value of money or |
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with a view to extending the scope of the exception provided by |
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| and no order may be made by him under subsection (7) unless a copy |
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of a report under section 73 of the Charities Act 2006 (report on |
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operation of that Act) has been laid before Parliament in accordance |
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(9) | In this section “the appointed day” means the day appointed for the |
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coming into force of section 9 of the Charities Act 2006 (registration of |
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(10) | In this section any reference to a charity’s “gross income” shall be |
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construed, in relation to a particular time— |
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(a) | as a reference to the charity’s gross income in its financial year |
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immediately preceding that time, or |
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(b) | if the Commission so determines, as a reference to the amount |
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which the Commission estimates to be the likely amount of the |
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charity’s gross income in such financial year of the charity as is |
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specified in the determination. |
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(11) | The following provisions of this section— |
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(a) | subsection (2)(b) and (c), |
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(b) | subsections (3) to (5), and |
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(c) | subsections (6)(a), (7)(a), (8)(a) and (9), |
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| shall cease to have effect on such day as the Secretary of State may by |
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order appoint for the purposes of this subsection. |
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3B | Duties of trustees in connection with registration |
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(1) | Where a charity required to be registered by virtue of section 3A(1) |
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above is not registered, it is the duty of the charity trustees— |
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(a) | to apply to the Commission for the charity to be registered, and |
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(b) | to supply the Commission with the required documents and |
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(2) | The “required documents and information” are— |
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(a) | copies of the charity’s trusts or (if they are not set out in any |
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extant document) particulars of them, |
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(b) | such other documents or information as may be prescribed by |
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regulations made by the Secretary of State, and |
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(c) | such other documents or information as the Commission may |
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require for the purposes of the application. |
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(3) | Where an institution is for the time being registered, it is the duty of the |
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charity trustees (or the last charity trustees)— |
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(a) | to notify the Commission if the institution ceases to exist, or if |
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there is any change in its trusts or in the particulars of it entered |
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(b) | (so far as appropriate), to supply the Commission with |
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particulars of any such change and copies of any new trusts or |
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alterations of the trusts. |
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(4) | Nothing in subsection (3) above requires a person— |
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(a) | to supply the Commission with copies of schemes for the |
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administration of a charity made otherwise than by the court, |
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(b) | to notify the Commission of any change made with respect to a |
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registered charity by such a scheme, or |
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(c) | if he refers the Commission to a document or copy already in |
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the possession of the Commission, to supply a further copy of |
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(5) | Where a copy of a document relating to a registered charity— |
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(a) | is not required to be supplied to the Commission as the result of |
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subsection (4) above, but |
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(b) | is in the possession of the Commission, |
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| a copy of the document shall (subject to section 3(11) above) be open to |
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inspection under section 3(10) above as if supplied to the Commission |
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10 | Interim changes in threshold for registration of small charities |
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(1) | At any time before the commencement of section 9 above, the Secretary of State |
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may by order amend section 3 of the 1993 Act (the register of charities) so as |
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(a) | replace section 3(5)(c) (threshold for registration of small charities) with |
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a provision referring to a charity whose gross income does not exceed |
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such sum as is prescribed in the order, and |
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(b) | define “gross income” for the purposes of that provision. |
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(2) | Subsection (1) does not affect the existing power under section 3(12) of that Act |
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to increase the financial limit specified in section 3(5)(c). |
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(3) | This section ceases to have effect on the day on which section 9 above comes |
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