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| | (e) | section 75(2) and (3) and Schedules 9 and 10 so far as relating to the |
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| | Recreational Charities Act 1958 (c. 17), and |
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| | (f) | section 75(4) and (5), sections 76 to 78 and this section. |
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| | (3C) | But the provisions referred to in subsection (3B)(a) and (e) affect the law of |
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| | Northern Ireland only so far as they affect the construction of references to |
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| | charities or charitable purposes in enactments which relate to matters falling |
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| | within paragraph 9 of Schedule 2 to the Northern Ireland Act 1998 (c. 47) |
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| | (excepted matters: taxes and duties); and so far as they so affect the law of |
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| | |
| | (a) | references in sections 1(1) and 2(1) to the law of England and Wales are |
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| | to be read as references to the law of Northern Ireland, and |
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| | (b) | the reference in section 1(1) to the High Court is to be read as a reference |
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| | to the High Court in Northern Ireland.’. |
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| Page 82 [Clause 79], leave out line 5 and insert— |
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| | ‘(6) | But subsection (5) does not apply to any amendment or repeal made in the |
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| | Recreational Charities Act 1958 (c. 17) by a provision referred to in subsection |
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| | (6A) | Subsection (5) also does not apply to—’. |
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| Page 82, line 12 [Clause 79], leave out subsection (7). |
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| Page 83, line 11 [Schedule 1], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 83, line 12 [Schedule 1], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 84, line 5 [Schedule 1], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 84, line 6 [Schedule 1], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 84, line 8 [Schedule 1], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 84, line 19 [Schedule 1], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 84, line 21 [Schedule 1], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 84, line 24 [Schedule 1], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 84, line 29 [Schedule 1], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 84, line 33 [Schedule 1], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 93, line 8 [Schedule 4], leave out from ‘matter’ to end of line 24 and insert— |
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| | | ‘as set out in paragraph (3), an appeal may be brought to the Tribunal against |
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| | any decision, direction or order made or given by the Commission under this |
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| | Act (including any decision not to give a direction, make an order or otherwise |
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| | |
| | (2) | Such an appeal may be brought by— |
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| | (a) | the Attorney General; |
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| | (b) | any person from the following— |
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| | (i) | the persons who are or claim to be the charity trustees of the |
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| | institution or who otherwise have control or management of |
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| | |
| | (ii) | (if a body corporate) the institution itself, and |
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| | (iii) | any other person who is or may be affected by the decision, |
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| | direction or order (as the case may be). |
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| | (3) | In determining such an appeal the Tribunal— |
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| | (a) | shall consider afresh the decision, direction or order appealed against, |
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| | (b) | may take into account evidence which was not available to the |
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| | (a) | dismiss the appeal and direct the Commission to provide full |
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| | explanation in writing of the reasons for its decision not to give such a |
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| | decision, direction or order, |
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| | (b) | if it allows the appeal, exercise any of the following powers— |
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| | (i) | quash the decision, direction or order (as the case may be) in |
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| | whole or in part, and (if appropriate) remit the matter to the |
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| | |
| | (ii) | substitute for all or part of the decision, direction or order (as |
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| | the case may be) such other decision, direction or order as |
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| | could have been made or given by the Commission, |
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| | (iii) | give such direction to the Commission as it shall consider |
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| | |
| | (iv) | substitute for all or part of any direction or order any other |
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| | direction or order which could have been made by the |
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| | |
| | (v) | add to the decision, direction, or order (as the case may be) |
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| | anything which could have been contained in the original |
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| | decision, direction or order.’. |
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| Page 102, line 40 [Schedule 4], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 102, line 47 [Schedule 4], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 104, line 22 [Schedule 4], at end insert— |
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| | ‘(4) | But sub-paragraph (3) above does not prevent the Commission from |
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| | considering afresh a question decided in proceedings on a reference if it |
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| | appears to the Commission— |
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| | (a) | that there has been a change of circumstances, or |
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| | (b) | that the decision is inconsistent with a later judicial decision.’. |
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| Page 105, line 34 [Schedule 4], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 109, line 4 [Schedule 6], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 109, line 37 [Schedule 6], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 109, line 39 [Schedule 6], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 110, line 30 [Schedule 6], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 113, line 33 [Schedule 6], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 115, line 16 [Schedule 6], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 116, line 23 [Schedule 7], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 118, line 4 [Schedule 7], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 119, line 29 [Schedule 7], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 120, line 44 [Schedule 7], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 122, line 6 [Schedule 7], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 125, line 35 [Schedule 7], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 126, line 32 [Schedule 7], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 129, line 28 [Schedule 7], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 130, line 5 [Schedule 7], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| Page 132, line 10 [Schedule 7], leave out ‘of the Secretary of State’. |
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| Page 137, line 25 [Schedule 8], at end insert— |
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| | ‘Recreational Charities Act 1958 (c. 17) |
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| | 38A | In section 6 of the Recreational Charities Act 1958 (short title and extent) for |
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| | subsection (2) substitute— |
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| | “(2) | Section 1 of this Act, as amended by section 5 of the Charities Act |
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| | 2006, has the same effect in relation to the law of Scotland or Northern |
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| | Ireland as section 5 of that Act has by virtue of section 79(3) to (3C) |
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| | |
| | (3) | Sections 1 and 2 of this Act, as in force before the commencement of |
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| | section 5 of that Act, continue to have effect in relation to the law of |
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| | Scotland or Northern Ireland so far as they affect the construction of |
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| | any references to charities or charitable purposes which— |
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| | (a) | are to be construed in accordance with the law of England and |
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| | |
| | (b) | are not contained in enactments relating to matters of the kind |
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| | mentioned in section 79(3A) or (3C) of that Act.”’. |
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| Page 145, line 12 [Schedule 8], at end insert— |
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| | ‘(1A) | In subsection (1) after the definition of “institution” insert— |
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| | ““the Minister” means the Minister for the Cabinet Office;”.’. |
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| Page 150, line 16 [Schedule 8], leave out ‘that section’ and insert ‘section 13(4)(b) |
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| Page 153, line 1 [Schedule 8], after ‘manager’, insert ‘or interim trustee’. |
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| Page 161, line 3 [Schedule 8], at end insert— |
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| | ‘(9) | In subsection (8) for “in subsection (3)” substitute “to subsection (3)”.’. |
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| Page 166, line 4 [Schedule 8], leave out ‘19B’ and insert ‘19C’. |
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| Page 166, line 29 [Schedule 8], at end insert— |
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| | ‘(3A) | At the end add “or section 75D”.’. |
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| Page 169, line 11 [Schedule 8], at end insert— |
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| | ‘““the Minister” means the Minister for the Cabinet Office;”’. |
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| Page 169, line 15 [Schedule 8], at end insert— |
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| | ‘173A | In section 97(3) (general interpretation) for “Part IV or IX” substitute “Part 4, |
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| Page 176, line 37 [Schedule 9], leave out ‘paragraphs (x) and (zb)’ and insert |
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