Charities Act 2011

Charities Act 2011

Introductory Text

Part 1 Meaning of “charity” and “charitable purpose”
Part 2 The Charity Commission and the Official Custodian for Charities
Part 3 Exempt charities and the principal regulator
Part 4 Registration and names of charities
Part 5 Information powers
Part 6 Cy-près powers and assistance and supervision of charities by court and Commission
Part 7 Charity land
Part 8 Charity accounts, reports and returns
Part 9 Charity trustees, trustees and auditors etc.
Part 10 Charitable companies etc.
Part 11 Charitable incorporated organisations (CIOs)
Part 12 Incorporation of charity trustees
Part 13 Unincorporated charities
Part 14 Special trusts
PART 14A SOCIAL INVESTMENTS
Part 15 Local charities
Part 16 Charity mergers
Part 17 The Tribunal
Part 18 Miscellaneous and supplementary
Part 19 Final provisions

SCHEDULES

SCHEDULE 1The Charity Commission
SCHEDULE 2The official custodian
SCHEDULE 3Exempt charities
SCHEDULE 4Enlargement of areas of local charities
SCHEDULE 5Court’s jurisdiction over certain charities governed by or under statute
SCHEDULE 6Appeals and applications to Tribunal
SCHEDULE 7Consequential amendments
SCHEDULE 8Transitionals and savings
SCHEDULE 9Transitory modifications
SCHEDULE 10Repeals and revocations
SCHEDULE 11Index of defined expressions

2011 CHAPTER 25

An Act to consolidate the Charities Act 1993 and other enactments which relate to charities.

[14th December 2011]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1 Meaning of “charity” and “charitable purpose”

CHAPTER 1 General

Charity

1.Meaning of “charity”

Charitable purpose

2.Meaning of “charitable purpose”

3.Descriptions of purposes

4.The public benefit requirement

Recreational trusts and registered sports clubs

5.Recreational and similar trusts, etc.

6.Registered sports clubs

Supplementary

7.Application of this Chapter in relation to Scotland

8.Application of this Chapter in relation to Northern Ireland

9.Interpretation

CHAPTER 2 Special provision for this Act

10.Ecclesiastical corporations etc. not charities in certain contexts

11.Charitable purposes

12.Directions as to what is (or is not) a separate charity

Part 2 The Charity Commission and the Official Custodian for Charities

The Commission

13.The Charity Commission

14.The Commission’s objectives

15.The Commission’s general functions

16.The Commission’s general duties

17.Guidance as to operation of public benefit requirement

18.Supply by Commission of copies of documents

19.Fees and other amounts payable to Commission

20.Incidental powers

The official custodian

21.The official custodian for charities

Part 3 Exempt charities and the principal regulator

Exempt charities

22.Meaning of “exempt charity” and Sch.3

23.Power to amend Sch.3 so as to add or remove exempt charities

24.Power to remove defunct institutions from Sch.3

The principal regulator

25.Meaning of “the principal regulator”

26.General duty of principal regulator in relation to exempt charity

27.Power to make amendments in connection with s.26

28.Commission to consult principal regulator

Part 4 Registration and names of charities

The register

29.The register

Charities required to be registered

30.Charities required to be registered: general

31.Restrictions on extending the range of excepted charities etc.

32.Power to alter sums specified in s.30(2)

33.Power to repeal provisions relating to excepted charities

Removal of charities from register

34.Removal of charities from register

Registration: duties of trustees and claims and objections

35.Duties of trustees in connection with registration

36.Claims and objections to registration

Effect of registration and right to inspect register

37.Effect of registration

38.Right to inspect register

Disclosure of registered charity status

39.Statement required to be made in official publications etc.

40.Power to alter sum specified in s.39(1)

41.Offences

Power to require charity’s name to be changed

42.Power to require name to be changed

43.Duty of charity trustees on receiving direction under s.42

44.Change of name not to affect existing rights and obligations etc.

45.Change of name where charity is a company

Part 5 Information powers

Inquiries instituted by Commission

46.General power to institute inquiries

47.Obtaining evidence etc. for purposes of inquiry

48.Power to obtain search warrant for purposes of inquiry

49.Execution of search warrant

50.Publication of results of inquiries

51.Contributions by local authorities to inquiries into local charities

Power to call for documents and search records

52.Power to call for documents

53.Power to search records

Disclosure of information

54.Disclosure to Commission: general

55.Disclosure to Commission: Revenue and Customs information

56.Disclosure by Commission: general

57.Disclosure by Commission: Revenue and Customs information

58.Disclosure to and by principal regulators of exempt charities

59.Disclosure: supplementary

Supply of false or misleading information to Commission etc.

60.Supply of false or misleading information to Commission etc.

Part 6 Cy-près powers and assistance and supervision of charities by court and Commission

Cy-près powers and variation of charters

61.Duty of trustees in relation to application of property cy-près

62.Occasions for applying property cy-près

63.Application cy-près: donor unknown or disclaiming

64.Donors treated as unidentifiable

65.Donors treated as disclaiming

66.Unknown and disclaiming donors: supplementary

67.Cy-près schemes

68.Charities governed by charter, or by or under statute

Powers of Commission to make schemes etc.

69.Commission’s concurrent jurisdiction with High Court for certain purposes

70.Restrictions on Commission’s concurrent jurisdiction

71.Exercise of Commission’s concurrent jurisdiction: notice

72.Power to alter sum specified in s.70(3)

73.Powers to make schemes altering provision made by Acts, etc.

74.Restriction on expenditure on promoting Bills

75.Further powers to alter application of charitable property

Powers of Commission to act for protection of charities etc.

75A.Official warnings by the Commission

76.Suspension of trustees etc. and appointment of interim managers

76A.Exercise of powers where section 76(1)(a) applies

77.Offence of contravening certain orders under s.76

78.Interim managers: supplementary

79. Removal of trustee or officer etc for protective etc purposes

79A.Removal of disqualified trustee

80.Other powers to remove or appoint charity trustees

81.Removal or appointment of charity trustees etc.: supplementary

82.Removal of trustees etc.: notice

83.Power to suspend or remove trustees etc. from membership of charity

84.Power to direct specified action to be taken

84A.Power to direct specified action not to be taken

84B.Power to direct winding up

85.Power to direct application of charity property

86.Copy of certain orders, and reasons, to be sent to charity

87.Supervision by Commission of certain Scottish charities

Publicity relating to schemes and orders

88.Publicity relating to schemes

89.Publicity for orders relating to trustees or other individuals

Property vested in official custodian

90.Entrusting charity property to official custodian, and termination of trust

91.Supplementary provisions as to property vested in official custodian

Official custodian and Reverter of Sites Act 1987

92.Divestment of official custodian where 1987 Act due to operate

93.Divestment of official custodian where 1987 Act has operated

94.Vesting of land in relevant charity trustees following divestment

95.Supplementary provisions in connection with 1987 Act

Establishment of common investment or deposit funds

96.Power to make common investment schemes

97.Bodies which may participate in common investment schemes

98.Provisions which may be included in common investment schemes

99.Further provisions relating to common investment schemes and funds

100.Power to make common deposit schemes

101.Bodies which may participate in common deposit schemes

102.Provisions which may be included in common deposit schemes

103.Further provisions relating to common deposit schemes and funds

104.Meaning of “Scottish recognised body” and “Northern Ireland charity”

Total return investment

104A.Investment of endowment fund on total return basis

104B.Total return investment: regulations

Power to authorise dealings with charity property, ex gratia payments etc.

105.Power to authorise dealings with charity property etc.

106.Power to authorise ex gratia payments etc.

Power to give directions about dormant bank accounts of charities

107.Power to direct transfer of credits in dormant bank accounts

108.Accounts which cease to be dormant before transfer

109.Dormant bank accounts: supplementary

Additional powers of Commission

110.Power to give advice

111.Power to determine membership of charity

112.Power to order assessment of solicitor’s bill

Legal proceedings relating to charities

113.Petitions for winding up charities under Insolvency Act

114.Proceedings by the Commission

115.Proceedings by other persons

Supplementary

116.Effect of provisions relating to vesting or transfer of property

Part 7 Charity land

Restrictions on dispositions of land in England and Wales

117.Restrictions on dispositions of land: general

118.Meaning of “connected person” in s.117(2)

119.Requirements for dispositions other than certain leases

120.Requirements for leases which are for 7 years or less etc.

121.Additional restrictions where land held for stipulated purposes

122.Instruments concerning dispositions of land: required statements, etc.

123.Charity land and land registration

Restrictions on mortgages of land in England and Wales

124.Restrictions on mortgages

125.Mortgages: required statements, etc.

126.Mortgages of charity land and land registration

Release of charity rentcharges

127.Release of charity rentcharges

128.Power to alter sum specified in s.127(2)

Interpretation

129.Interpretation

Part 8 Charity accounts, reports and returns

CHAPTER 1 Individual accounts

130.Accounting records

131.Preservation of accounting records

132.Preparation of statement of accounts

133.Account and statement an option for lower-income charities

134.Preservation of statement of accounts or account and statement

135.Charitable companies

136.Exempt charities

CHAPTER 2 Group accounts
137.Accounting records

138.Preparation of group accounts

139.Exceptions to requirement to prepare group accounts

140.Preservation of group accounts

141.“Parent charity”, “subsidiary undertaking” and “group”

142.“Group accounts”

143.Exempt charities

CHAPTER 3 Audit or examination of accounts
Audit or examination of individual accounts

144.Audit of accounts of larger charities

145.Examination of accounts an option for lower-income charities

146.Commission’s powers to order audit

147.Accounts required to be audited under Companies Act

148.NHS charities: general

149.Audit or examination of English NHS charity accounts

150.Audit or examination of Welsh NHS charity accounts

Audit or examination of group accounts

151.Audit of accounts of larger groups

152.Examination of accounts an option for smaller groups

153.Commission’s powers to order audit of group accounts

Regulations relating to audits and examinations

154.Regulations relating to audits and examinations

155.Power of Commission to direct compliance with certain regulations

Duty of auditors etc. to report matters to Commission

156.Duty of auditors etc. to report matters to Commission

157.Meaning of “connected institution or body” in s.156(2)

158.Application of duty in relation to auditors etc. of group accounts

159.Application of duty in relation to Companies Act auditors

Exempt and excepted charities

160.Exempt charities

161.Excepted charities

CHAPTER 4 Annual reports and returns and public access to accounts etc.
Annual reports etc.

162.Charity trustees to prepare annual reports

162A.Annual reports: fund-raising standards information

163.Transmission of annual reports to Commission in certain cases

164.Documents to be transmitted with annual report

165.Preservation of annual reports etc.

166.Annual reports and group accounts

167.Exempt charities

168.Excepted charities

Annual returns

169.Annual returns by registered charities

Availability of documents to public

170.Public inspection of annual reports etc. kept by Commission

171.Supply by charity trustees of copy of most recent annual report

172.Supply by charity trustees of copy of most recent accounts

Offences

173.Offences of failing to supply certain documents

CHAPTER 5 Powers to set financial thresholds

174.Powers to alter certain sums specified in this Part

175.Aggregate gross income of group

176.Larger groups: “relevant income threshold” and “relevant assets threshold”

Part 9 Charity trustees, trustees and auditors etc.

Meaning of “charity trustees”

177.Meaning of “charity trustees”

Disqualification of charity trustees and trustees

178.Persons disqualified from being charity trustees or trustees of a charity

178A.Case A: specified offences

179.Disqualification: pre-commencement events etc.

180.Disqualification: exceptions in relation to charitable companies

181.Power to waive disqualification

181A.Disqualification orders

181B.Duration of disqualification, and suspension pending disqualification

181C.Disqualification orders: procedure

181D.Disqualification orders: variation and revocation

182.Records of persons removed from office

183.Criminal consequences of acting while disqualified

184.Civil consequences of acting while disqualified

184A.Sections 183 and 184: participation in corporate decisions

Remuneration of charity trustees and trustees etc.

185.Remuneration of charity trustees or trustees etc. providing services to charity

186.Disqualification of charity trustee or trustee receiving remuneration under s.185

187.Meaning of “benefit”, “remuneration”, “services” etc.

188.Meaning of “connected person”

Indemnity insurance for charity trustees and trustees

189.Indemnity insurance for charity trustees and trustees

190.Power to amend s.189

Powers to relieve trustees and auditors etc. from liability

191.Commission’s power to relieve trustees and auditors etc. from liability

192.Court’s power to grant relief to apply to all auditors etc. of charities which are not companies

Part 10 Charitable companies etc.

Introductory

193.Meaning of “charitable company”

Disclosure of charitable status by companies

194.Requirement to disclose charitable status

195.Civil consequences of failure to make required disclosure

196.Criminal consequences of failure to make required disclosure

Restrictions on alteration of objects

197.Alteration of objects by bodies corporate and charitable status

198.Alteration of objects by companies and Commission’s consent

199.Meaning of “benefit” in s.198(2)

200.Meaning of “connected person” in s.198(2)

Acts requiring Commission consent

201.Consent of Commission required for approval etc. by members of charitable companies

202.Consent of Commission required for certain acts of charitable company

Restoration of charitable company to register

203.Application for restoration of charitable company to register

Part 11 Charitable incorporated organisations (CIOs)

CHAPTER 1 General

Nature and constitution

204.Meaning of “CIO”

205.Nature

206.Constitution

Formation and registration of CIO

207.Application for CIO to be constituted and registered

208.Cases where application must or may be refused

209.Registration of CIO

210.Effect of registration of CIO

Name and status

211.Name

212.Status

213.Civil consequences of failure to disclose name or status

214.Offence of failing to disclose name or status

215.Offence of holding out that a body is a CIO

CHAPTER 2 Powers, capacity and procedure etc.
216.Powers of CIO

217.Constitutional requirements

218.Third parties

219.Limits to s.218

220.Duty of CIO members

221.Duties of charity trustees

222.Personal benefit and payments

223.Regulations about procedure of CIOs

CHAPTER 3 Amendment of constitution
224.Amendment of constitution and procedure

225.Amendment of constitution and charitable status

226.Amendment of constitution and Commission’s consent

227.Registration and coming into effect of amendments

CHAPTER 4 Conversion, amalgamation and transfer
Conversion of certain bodies to CIO

228.Application for conversion by charitable company

229.Application for conversion by registered society

230.Commission to consult appropriate registrar and others

231.Cases where application must or may be refused

232.Provisional and final registration of converting body

233.Effect of registration becoming final

234.Conversion of community interest company

Amalgamation of CIOs

235.Application for amalgamation of CIOs

236.Notice of application for amalgamation

237.Cases where application must or may be refused

238.Registration of amalgamated CIO

239.Effect of registration

Transfer of CIO’s undertaking to another CIO

240.Resolutions about transfer of CIO’s undertaking to another CIO

241.Notice of transfer of CIO’s undertaking to another CIO

242.Cases where confirmation of resolution must or may be refused

243.Confirmation of resolution

244.Effect of confirmation of resolution

CHAPTER 5 Supplementary
245.Regulations about winding up, insolvency and dissolution

246.Power to make further provision about CIOs

247.Meaning of “CIO regulations”

247A.Regulations about moratorium for certain CIOs

248.Meaning of “benefit”

249.Meaning of “connected person”

250.Effect of provisions relating to vesting or transfer of property

Part 12 Incorporation of charity trustees

General

251.Incorporation of charity trustees

252.Estate to vest in incorporated body

253.Gifts to take effect as gifts to incorporated body

254.Liability of charity trustees not affected by incorporation

255.Charity trustees bound by conditions in certificate etc.

Application procedure

256.Applications for incorporation

257.Requirement to be met before certificate is granted

258.Certificate conclusive as to compliance with incorporation requirements etc.

Administration etc. of charity whose charity trustees are incorporated

259.Filling up of vacancies in charity trustees

260.Execution of documents by incorporated body: general

261.Conferral of authority to execute documents

Commission’s powers to amend certificate or dissolve body

262.Amendment of certificate of incorporation

263.Dissolution of incorporated body

Supplementary

264.Records of applications and certificates

265.Meaning of “incorporated body” and “relevant charity”

266.Effect of provisions relating to vesting or transfer of property

Part 13 Unincorporated charities

Power to transfer all property of unincorporated charity

267.Introduction

268.Resolution to transfer all property

269.Notice of, and information about, resolution to transfer property

270.General rule as to when s.268 resolution takes effect

271.S.268 resolution not to take effect or to take effect at later date

272.Transfer of property in accordance with s.268 resolution

273.Transfer where charity has permanent endowment: general

274.Requirements relating to permanent endowment

Powers to alter purposes or powers etc. of unincorporated charity

275.Resolution to replace purposes of unincorporated charity

276.Notice of, and information about, s.275 resolution

277.General rule as to when s.275 resolution takes effect

278.S.275 resolution not to take effect or to take effect at a later date

279.Replacement of purposes in accordance with s.275

280.Power to modify powers or procedures of unincorporated charity

Powers of unincorporated charities to spend capital

281.Power of unincorporated charities to spend capital: general

282.Resolution to spend larger fund given for particular purpose

283.Notice of, and information about, s.282 resolution

284.When and how s.282 resolution takes effect

Supplementary

285.Power to alter sums specified in this Part

286.Effect of provisions relating to vesting or transfer of property

Part 14 Special trusts

287.Meaning of “special trust”

288.Power to spend capital subject to special trusts: general

289.Resolution to spend capital subject to special trusts: larger fund

290.Notice of, and information about, s.289 resolution

291.When and how s.289 resolution takes effect

292.Power to alter sum specified in s.289

PART 14A SOCIAL INVESTMENTS

292A.Meaning of “social investment”

292B.General power to make social investments

292C.Charity trustees’ duties in relation to social investments

Part 15 Local charities

Indexes and reviews etc.

293.Meaning of “local charity”

294.Local authority’s index of local charities

295.Reviews of local charities by local authority

296.S.294 and s.295: supplementary

297.Co-operation between charities, and between charities and local authorities

Parochial charities

298.Transfer of property to parish or community council or its appointees

299.Local authorities’ power to appoint representative trustees

300.Powers of appointment deriving from pre-1894 powers

301.Powers of appointment deriving from pre-1927 powers

302.Term of office of trustees appointed under s.299 to s.301

303.S.298 to s.302: supplementary

Supplementary

304.Effect of provisions relating to vesting or transfer of property

Part 16 Charity mergers

Registration

305.Register of charity mergers

306.Meaning of “relevant charity merger” etc.

307.Notification of charity mergers

308.Details to be entered in register of charity mergers

309.Right to inspect register of charity mergers

Vesting declarations and effect of merger on certain gifts

310.Pre-merger vesting declarations

311.Effect of registering charity merger on gifts to transferor

312.“Transferor” and “transferee” etc. in s.310 and s.311

Supplementary

313.Effect of provisions relating to vesting or transfer of property

314.Exception for CIOs

Part 17 The Tribunal

CHAPTER 1 General

315.The Tribunal

316.Rules relating to appeals, applications or references

317.Appeal from Tribunal

318.Intervention by Attorney General

CHAPTER 2 Appeals and applications to Tribunal
319.Appeals: general

320.Appeals: orders under s.52

321.Reviews

322.Reviewable matters

323.Remission of matters to Commission

324.Power to amend provisions relating to appeals and applications to Tribunal

CHAPTER 3 References to Tribunal
325.References by Commission

326.References by Attorney General

327.Powers of Commission in relation to matters referred to Tribunal

328.Suspension of time limits while reference is in progress

329.Agreement for Commission to act while reference is in progress

330.Appeals and applications in respect of matters determined on references

331.Interpretation

Part 18 Miscellaneous and supplementary

Administrative provisions about charities

332.Manner of giving notice of charity meetings, etc.

333.Conferral of authority to execute documents

334.Transfer and evidence of title to property vested in trustees

Enforcement powers of Commission etc.

335.Enforcement of requirements by order of Commission

336.Enforcement of orders of Commission

337.Other provisions as to orders of Commission

338.Directions of the Commission or person conducting inquiry

339.Service of orders and directions

Documents and evidence etc.

340.Enrolment and deposit of documents etc.

341.Evidence of documents received by Commission etc.

342.Report of inquiry to be evidence in certain proceedings

343.Evidence of documents issued by Commission etc.

344.Other miscellaneous provisions as to evidence

Offences

345.Restriction on institution of proceedings for certain offences

346.Offences by bodies corporate

Regulations and orders

347.Regulations and orders: general

348.Regulations subject to affirmative procedure etc.

349.Orders subject to affirmative procedure etc.

Interpretation

350.Connected person: child, spouse and civil partner

351.Connected person: controlled institution

352.Connected person: substantial interest in body corporate

353.Minor definitions

Part 19 Final provisions

354.Amendments etc.

355.Commencement

356.Extent

357.Index of defined expressions

358.Short title

SCHEDULES

SCHEDULE 1The Charity Commission

Membership

1.(1) The Commission is to consist of—

Terms of appointment and remuneration

2.The members of the Commission hold and vacate office as…

3.(1) An appointment of a person to hold office as…

4.(1) The Commission must pay to its members such remuneration,…

Staff

5.(1) The Commission— (a) must appoint a chief executive, and…

Committees

6.(1) The Commission may establish committees and any committee of…

Procedure etc.

7.(1) The Commission may regulate its own procedure (including quorum)….

Performance of functions

8.Anything authorised or required to be done by the Commission…

Evidence

9.The Documentary Evidence Act 1868 has effect as if—

Execution of documents

10.(1) A document is executed by the Commission by the…

Annual report

11.(1) As soon as practicable after the end of each…

Annual public meeting

12.(1) The Commission must hold a public meeting (“the annual…

SCHEDULE 2The official custodian
Status and official seal

1.The official custodian is a corporation sole whose official seal…

Expenses

2.The expenses of the official custodian (except those reimbursed to,…

Performance of functions and liability for loss or misapplication of property

3.Anything which is required to or may be done by,…

4.(1) The official custodian is not liable as trustee for…

Accounts

5.The official custodian must— (a) keep such books of account…

6.The Comptroller and Auditor General must— (a) examine, certify and…

7.The Commission must publish and lay before Parliament a copy…

SCHEDULE 3Exempt charities
Institutions with an exemption from the Charitable Trusts Acts 1853 to 1939

1.(1) Any institution which, if the Charities Act 1960 had…

Educational institutions

2.Any of the following if it is a relevant higher…

3.Any of the following if it is a relevant higher…

4.(1) Any of the following, if it is a relevant…

5.(1) An English higher education corporation if it is a…

6.(1) A successor company to a higher education corporation at…

7.A further education corporation.

8.A qualifying Academy proprietor (as defined in section 12(2) of…

9.The governing body of any foundation, voluntary or foundation special…

10.Any foundation body established under section 21 of the School…

11.A sixth form college corporation (within the meaning of the…

11A.(1) A relevant higher education provider not otherwise listed in…

11B.In paragraphs 2 to 11A— “higher education corporation” has the…

Museums, galleries etc.

12.The Board of Trustees of the Victoria and Albert Museum….

13.The Board of Trustees of the Science Museum.

14.The Board of Trustees of the Armouries.

15.The Board of Trustees of the Royal Botanic Gardens, Kew….

16.The Board of Trustees of the National Museums and Galleries…

17.The trustees of the British Museum.

18.The trustees of the Natural History Museum.

19.The Board of Trustees of the National Gallery.

20.The Board of Trustees of the Tate Gallery.

21.The Board of Trustees of the National Portrait Gallery.

22.The Board of Trustees of the Wallace Collection.

23.The Trustees of the Imperial War Museum.

24.The Trustees of the National Maritime Museum.

25.The British Library Board.

Housing

26.Any registered society within the meaning of the Co-operative and…

27.Any registered society within the meaning of the Co-operative and…

Connected institutions

28.(1) Any institution which— (a) is administered by or on…

SCHEDULE 4Enlargement of areas of local charities
SCHEDULE 5Court’s jurisdiction over certain charities governed by or under statute
1.The court may by virtue of section 68(5) and (6)…

2.Regardless of anything in section 19 of the Commons Act…

SCHEDULE 6Appeals and applications to Tribunal
SCHEDULE 7Consequential amendments
Part 1 General amendments
References to the Charitable Uses Act 1601 (c. 4)

1.A reference in any enactment or document to a charity…

References to the Charity Commissioners for England and Wales

2.(1) Any enactment or document is to continue to have…

Application of certain enactments to trust corporations

3.(1) In the definition of “trust corporation” contained in the…

Part 2 Particular amendments
Literary and Scientific Institutions Act 1854 (c. 112)

4.(1) In section 6, for “except with the consent of…

Places of Worship Registration Act 1855 (c. 81)

5.(1) In section 9(1)— (a) for “shall, so far as…

Places of Worship Sites Amendment Act 1882 (c. 21)

6.In section 1(d) for “except with the consent of the…

Technical and Industrial Institutions Act 1892 (c. 29)

7.In section 9(1), for “with the consent of the Charity…

Open Spaces Act 1906 (c. 25)

8.(1) In section 4(1A)(b), for “section 36(2) to (8) of…

9.(1) For section 14(1)(b) substitute— (b) any trustees for charitable…

10.In section 31, for “the Charities Act 1993” substitute “…

London County Council (General Powers) Act 1947 (c. xlvi)

11.For section 6(3) substitute— (3) In relation to any disposition…

London County Council (General Powers) Act 1955 (c. xxix)

12.For section 34(3) substitute— (3) In relation to any disposition…

Incumbents and Churchwardens (Trusts) Measure 1964 (No. 2)

13.In section 1, in the definition of “permanent trusts” for…

Co-operative and Community Benefit Societies and Credit Unions Act 1965 (c. 12)

14.In sections 5A(7)(a) and 7D(5)(a), for “as it has under…

Leasehold Reform Act 1967 (c. 88)

15.In section 23(4), for “section 36 of the Charities Act…

Co-operative and Community Benefit Societies and Credit Unions Act 1968 (c. 55)

16.In section 4A(6), for “as defined by section 1(1) of…

Redundant Churches and other Religious Buildings Act 1969 (c. 22)

17.(1) In section 4, for subsections (6) to (8A) substitute—…

18.In section 7, for subsection (2) substitute—

Sharing of Church Buildings Act 1969 (c. 38)

19.In section 2(4), for “the Charities Act 1993” substitute “…

20.(1) In section 8(1), for “the Charities Act 1993” substitute…

Synodical Government Measure 1969 (No. 2)

21.(1) Amend Schedule 3 as follows. (2) In Rule 46A(a),…

Local Government Act 1972 (c. 70)

22.In section 11(3)(c), for “section 79 of the Charities Act…

23.In section 27F(6), for “section 79 of the Charities Act…

24.In section 27H(6), for “section 79 of the Charities Act…

25.In section 29(6), for “section 79 of the Charities Act…

26.In section 127(4) for “the Charities Act 1993” substitute “…

27.In section 131(3)— (a) for “section 36 of the Charities…

28.In Schedule 12A, for paragraphs 8(f) and 19(f) substitute—

Consumer Credit Act 1974 (c. 39)

29.In section 189(1), in the definition of “charity”, for “the…

Friendly Societies Act 1974 (c. 46)

30.In section 32A(6), for “as defined by section 1(1) of…

House of Commons Disqualification Act 1975 (c. 24)

31.Part 2 of Schedule 1 continues to include, at the…

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

32.Part 2 of Schedule 1 continues to include, at the…

Theatres Trust Act 1976 (c. 27)

33.In section 2(2)(d), for “sections 36 and 38 of the…

Endowments and Glebe Measure 1976 (No. 4)

34.In section 11(2), for “the Charity Commission or in accordance…

Interpretation Act 1978 (c. 30)

35.In Schedule 1, for the definition of “Charity Commission” substitute—…

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

36.In section 49(3), for “the Charities Act 1993” substitute “…

Disused Burial Grounds (Amendment) Act 1981 (c. 18)

37.For section 6 substitute— Saving for Charity Commission Nothing in this Act affects the charitable jurisdiction of the…

Pastoral Measure 1983 (No. 1)

38.For section 55(1) substitute— (1) The power of the court…

39.In section 63(3), for “the Charities Act 1993” substitute “…

40.In section 87(1), in the definition of “charity”, for “section…

41.(1) Amend Schedule 3 as follows. (2) In paragraph 11(6)—…

Greater London Council (General Powers) Act 1984 (c. xxvii)

42.In section 10(2)(n), for “the Charities Act 1993” substitute “…

Housing Act 1985 (c. 68)

43.In section 6A(5), for “in accordance with section 3A of…

44.In section 525, in the definition of “charity trustees”, for…

Housing Associations Act 1985 (c. 69)

45.In section 10(1), for “sections 36 and 38 of the…

46.In section 35(2)(c), for “section 36 of the Charities Act…

Coal Industry Act 1987 (c. 3)

47.(1) In section 5(7), for “the Charities Act 1993” substitute…

Reverter of Sites Act 1987 (c. 15)

48.For section 4(2) and (4) substitute— (2) Chapter 2 of…

Education Reform Act 1988 (c. 40)

49.In section 124(2)(fa), for “(within the meaning of section 69A…

50.For section 125A substitute— Charitable status of a higher education…

51.In section 128(5), for “ “charitable purposes” has the same…

Copyright, Designs and Patents Act 1988 (c. 48)

52.In Schedule 6, in paragraph 7(3), for “the Charities Act…

Imperial College Act 1988 (c. xxiv)

53.In section 10, for “ “the Commissioners” and “the court”…

54.(1) In section 17(1), for “section 22 of the Charities…

Courts and Legal Services Act 1990 (c. 41)

55.In Schedule 11, for the entry beginning “Member of the…

London Local Authorities Act 1991 (c. xiii)

56.In section 4, in paragraph (d) of the definition of…

Further and Higher Education Act 1992 (c. 13)

57.In section 19(4)(bc), for “(within the meaning of section 69A…

58.For section 22A substitute— Charitable status of a further education…

59.In section 27(5), for “ “charitable purposes” has the same…

60.In section 33F(6)(d), for “(within the meaning of section 69A…

61.In section 33M, for “(and, as a result of its…

62.In section 33N(10), for “ “charitable purposes” has the same…

63.In section 69— (a) in subsection (1A), for “section 13…

64.In section 79A— (a) for “section 13 of the Charities…

Charities Act 1992 (c. 41)

65.(1) In section 58(1), in the definition of “company” for…

66.In section 63(2), for “section 3 of the Charities Act…

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

67.In section 93(6)(a), for “section 36 of the Charities Act…

Environment Act 1995 (c. 25)

68.In Schedule 9, in paragraph 15, for “Sections 76 to…

Reserve Forces Act 1996 (c. 14)

69.(1) In Schedule 5, in paragraph 2, in the definition…

Trusts of Land and Appointment of Trustees Act 1996 (c. 47)

70.In Schedule 1, in paragraph 4(2)— (a) in paragraph (a),…

Housing Act 1996 (c. 52)

71.In section 58, for subsection (1) substitute—

72.(1) Amend Schedule 1 as follows. (2) In paragraph 4(2)(d),…

Housing Grants, Construction and Regeneration Act 1996 (c. 53)

73.In section 95(6), for “but otherwise has the same meaning…

Education Act 1996 (c. 56)

74.In section 537C— (a) in subsection (1)(a), for “section 13…

School Standards and Framework Act 1998 (c. 31)

75.(1) In section 23, for subsection (1A) substitute—

76.In section 23A(10), in the definitions of “charity trustee” and…

77.In section 23B(2), for “section 18 of the Charities Act…

78.In Schedule 1, for paragraph 10 substitute— An Education Action Forum shall be a charity and is…

79.In Schedule 22, in paragraph 8A(2)(c), for “removed under subsection…

National Institutions Measure 1998 (No. 1)

80.(1) In section 3(1), for “Part VI of the Charities…

Finance Act 1999 (c. 16)

81.In Schedule 19, in paragraph 15— (a) in sub-paragraph (a),…

82.In section 4(4), for “section 72(1) of the Charities Act…

83.In section 15(1), in paragraph (iii) of the proviso, for…

84.In section 27(1), for “section 43 of the Charities Act…

85.In section 34, for “same meaning as in the Charities…

Financial Services and Markets Act 2000 (c. 8)

86.In Schedule 11A, in paragraph 7(2)(a), for the words from…

87.In Schedule 11B, in paragraph 12(4)(b), for “or section 24…

Learning and Skills Act 2000 (c. 21)

88.In section 143(6)(d), for “the Charities Act 1993)” substitute “…

Trustee Act 2000 (c. 29)

89.In section 38— (a) in paragraph (a), for “section 24…

90.In section 39(1)— (a) in the definition of “charitable purposes”,…

Criminal Justice and Court Services Act 2000 (c. 43)

91.In section 42(1), for “ “charity trustee” has the same…

Criminal Justice and Police Act 2001 (c. 16)

92.In Part 1 of Schedule 1, for paragraph 56A and…

Churchwardens Measure 2001 (No. 1)

93.In section 2(1), for “under section 72(1) of the Charities…

Land Registration Act 2002 (c. 9)

94.In section 4(1)(aa), for “section 83 of the Charities Act…

Licensing Act 2003 (c. 17)

95.In section 16(3), omit the definition of “charity”.

96.In Schedule 2, for paragraph 5(4) substitute—

Higher Education Act 2004 (c. 8)

97.In section 40— (a) in subsection (1A), for “section 13…

Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27)

98.In section 54C(3), for “ “exempt charity” has the same…

99.In section 63(1), in the definition of “English charity” for…

100.In Schedule 3, for paragraph 4 substitute— The person appointed to chair the Charity Commission may make…

Pensions Act 2004 (c. 35)

101.In Schedule 3, for the entry relating to the Charity…

102.In Schedule 8, for the entry relating to the Charity…

Serious Organised Crime and Police Act 2005 (c. 15)

103.In section 146(3)(b), for “charity trustee (within the meaning of…

Education Act 2005 (c. 18)

104.In section 92(5), for “section 13 of the Charities Act…

Gambling Act 2005 (c. 19)

105.In section 19(2)(a), for “purposes which are exclusively charitable according…

Charities and Trustee Investment (Scotland) Act 2005 (asp 10)

106.In section 36(1), for paragraphs (a) and (b) substitute—

107.In section 69(2)(d)(i), after “Wales under” insert “ section 79(2)(a)…

108.In section 96(3), for “sections 24 and 25 of the…

Natural Environment and Rural Communities Act 2006 (c. 16)

109.In section 81(2)(h), for “section 13 of the Charities Act…

Education and Inspections Act 2006 (c. 40)

110.In Schedule 2, in paragraph 10(2)(b), for “charity trustee (within…

National Health Service Act 2006 (c. 41)

111.In section 217(5), for “the court (as defined in the…

National Health Service (Wales) Act 2006 (c. 42)

112.In section 165(5), for “the court (as defined in the…

Companies Act 2006 (c. 46)

113.In section 21(2)(a), for “section 64 of the Charities Act…

114.In section 31(4)(a), for “section 64 of the Charities Act…

115.In— (a) section 1140(2)(c)(ii), and (b) section 1154(1)(b) and (2)(b),…

116.In Schedule 1, in paragraph 6(4)(b) for “or section 24…

Safeguarding Vulnerable Groups Act 2006 (c. 47)

117.In Schedule 4, in— (a) paragraph 4(7) and

Charities Act 2006 (c. 50)

118.In section 54(2), for “section 9 of the 1993 Act”…

119.In section 72(3), for “section 10(2) to (4) of the…

120.(1) In section 73(5)(b), for “the appointed day (within the…

121.(1) In section 74(4), omit— (a) paragraphs (a) and (b),…

122.Omit section 76.

123.(1) In section 78(2)— (a) omit paragraph (a);

124.In section 79(1), omit— (a) paragraph (a), and

125.In section 80— (a) omit subsections (3)(a), (b) and (d)…

Income Tax Act 2007 (c. 3)

126.(1) Amend section 558 as follows. (2) Under the heading…

Legal Services Act 2007 (c. 29)

127.In section 194(9)(a), for “in accordance with section 3A of…

Dioceses, Pastoral and Mission Measure 2007 (No. 1)

128.In section 62(1), in the definition of “charity”, for “section…

129.In Schedule 2, in paragraph 13(2), for “charity trustee within…

Regulatory Enforcement and Sanctions Act 2008 (c. 13)

130.In Schedule 3, omit “Charities Act 1993 (c. 10), sections…

Housing and Regeneration Act 2008 (c. 17)

131.In section 135(6), for “sections 41 to 45 of the…

132.In section 136— (a) in subsection (4), for “section 43(1)(a)…

133.In section 138(3)(a), for “the Charities Act 1993” substitute “…

134.In section 266(6), for “section 72 of the Charities Act…

135.In section 275— (a) in the definition of “non-registrable charity”,…

Planning Act 2008 (c. 29)

136.(1) Amend section 210 as follows. (2) In subsection (1)(b),…

Charities Act (Northern Ireland) 2008 (c. 12 (N.I.))

137.In section 56(1)(a), for “under section 3 of the Charities…

138.In section 86(1)(e)— (a) in sub-paragraph (i), after “under” insert…

Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)

139.In section 71A(1), for “section 13 of the Charities Act…

140.In Schedule 3, in paragraph 19(4)(c), for “(within the meaning…

141.In Schedule 4, in paragraph 9(4)(c), for “(within the meaning…

Corporation Tax Act 2010 (c. 4)

142.(1) Amend section 511 as follows. (2) Under the heading…

Finance Act 2010 (c. 13)

143.(1) Amend Schedule 6 as follows. (2) In paragraph 1(4)—…

Equality Act 2010 (c. 15)

144.In section 194(3)(a), for “section 1(1) of the Charities Act…

Church of England (Miscellaneous Provisions) Measure 2010 (No. 1)

145.In section 10(1), for “section 96(2) of the Charities Act…

Mission and Pastoral Measure 2011 (No. 3)

146.For section 67(1) substitute— (1) The power of the court…

147.In section 77(3), for “the Charities Act 1993” substitute “…

148.In section 106(1), in the definition of “charity”, for “section…

149.(1) Amend Schedule 3 as follows. (2) In paragraph 9(6)—…

SCHEDULE 8Transitionals and savings
Part 1 General
Continuity of the law

1.The repeal and re-enactment of provisions by this Act does…

2.A reference, express or implied, in this Act, another enactment…

3.(1) A reference, express or implied, in any enactment, instrument…

4.Anything done, or having effect as if done, under (or…

5.Paragraphs 1 to 4 have effect in place of section…

Effect of old transitionals and savings

6.The repeals made by this Act do not affect the…

7.(1) The repeal by this Act of an enactment previously…

Use of existing forms etc.

8.Any reference to an enactment repealed by this Act which…

Part 2 Recreational etc. purposes
General

9.In this Part of this Schedule “the 1958 Act” means…

10.(1) Where section 2 of the 1958 Act applied to…

11.The repeal by this Act of subsections (2) and (3)…

Scotland

12.Sections 1 and 2 of the 1958 Act as in…

Northern Ireland

13.Sections 1 and 2 of the 1958 Act as in…

Part 3 Miscellaneous
Regulations relating to fees

14.Despite the revocation by this Act of the Charities (Pre-consolidation…

Exempt charities

15.(1) Despite the repeal by this Act of section 11(13)…

16.The repeal and re-enactment by this Act of—

Application cy-prs: donors unknown or disclaiming or treated as disclaiming

17.Sections 63, 64 and 67 apply to property given for…

Official custodian as successor to official trustee of charity lands and official trustees of charity funds

18.(1) Despite the repeal by this Act of paragraph 26…

Savings for consequential amendments

19.(1) The repeal by this Act of paragraph 23(a) of…

Universities of Durham and Newcastle-upon-Tyne Act 1963

20.Despite the revocation by this Act of the Charities (Pre-consolidation…

SCHEDULE 9Transitory modifications
Commission’s general functions—public charitable collections

1.(1) Sub-paragraph (2) applies if Chapter 1 of Part 3…

“Exempt charity” and common investment and deposit funds

2.(1) Sub-paragraph (2) applies if— (a) section 11(10) of the…

“Exempt charity” and church funds

3.(1) Sub-paragraph (2) applies if section 11(9) of the 2006…

“Exempt charity” and registered societies etc.

4.(1) Sub-paragraph (2) applies if section 11(8) of the 2006…

5.(1) Sub-paragraph (2) applies if section 2 of the Co-operative…

Power to amend enactments in connection with changes in exempt charities

6.(1) Sub-paragraph (2) applies if paragraph 2, 3 or 4…

Exempt charities and the principal regulator

7.(1) Sub-paragraph (2) applies if, in relation to charities of…

Voluntary registration

8.(1) Sub-paragraph (2) applies if section 3A(6) of the 1993…

Regulations to secure that any institution ceasing to be an exempt charity on the relevant commencement date is excepted

9.(1) Sub-paragraph (2) applies if paragraph 2, 3 or 4…

Change of name and exempt charities

10.(1) Sub-paragraph (2) applies if, in relation to charities of…

Power to institute inquiries and exempt charities

11.(1) Sub-paragraph (2) applies if, in relation to charities of…

Maximum term of imprisonment for offence under section 49(8)

12.In relation to an offence committed before the commencement of…

Power to call for documents etc. and exempt charities

13.(1) Sub-paragraph (2) applies if, in relation to charities of…

Maximum term of imprisonment for offence under section 57(3)

14.In relation to an offence committed before the commencement of…

Exempt charities and disclosure to and by principal regulator

15.(1) Sub-paragraph (2) applies if, in relation to charities of…

Exempt charities and Commission’s concurrent jurisdiction with High Court

16.(1) Sub-paragraph (2) applies if, in relation to charities of…

Exempt charities and restriction on expenditure on promoting Bills

17.(1) Sub-paragraph (2) applies if, in relation to charities of…

Exempt charities and power to act for protection of charities

18.(1) Sub-paragraph (2) applies if, in relation to charities of…

Reference to Mission and Pastoral Measure 2011

19.(1) Sub-paragraph (2) applies if the Mission and Pastoral Measure…

Exempt charities and power to give directions about dormant bank accounts

20.(1) Sub-paragraph (2) applies if, in relation to charities of…

Exempt charities and Commission’s consent to proceedings etc.

21.(1) Sub-paragraph (2) applies if, in relation to charities of…

Exempt charities and duty of auditors etc. to report matters to Commission

22.(1) Sub-paragraph (2) applies if, in relation to charities of…

Disqualification and references to section 429(2) of Insolvency Act 1986

23.(1) This paragraph applies if paragraph 7 of Schedule 16…

Maximum term of imprisonment for offence under section 183(1)

24.In relation to an offence committed before the commencement of…

Exempt charities and power to order disqualified trustee to repay sums

25.(1) Sub-paragraph (2) applies if, in relation to charities of…

CIOs

26.(1) Sub-paragraph (2) applies if any provision of the 1993…

27.(1) Sub-paragraph (2) applies if section 2 of the Co-operative…

References to re-named Acts in Schedule 7

28.(1) Sub-paragraph (2) applies if section 2 of the Co-operative…

Meaning of “the relevant commencement date”

29.(1) Subject to sub-paragraph (2), in this Schedule “the relevant…

References to Acts

30.In this Schedule— “the 1993 Act” means the Charities Act…

SCHEDULE 10Repeals and revocations
SCHEDULE 11Index of defined expressions


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