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Charities Act 1992 (Commencement No. 1 and Transitional Provisions) Order 1992

As Enacted Cited authorities 70 Cited in Amendments 7 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1992/1900
Year1992

1992 No. 1900 (C.64)

CHARITIES

The Charities Act 1992 (Commencement No. 1 and Transitional Provisions) Order 1992

Made 28th July 1992

In exercise of the powers conferred upon me by sections 77(3) and 79(2) of the Charities Act 19921, I hereby make the following Order:

S-1 This Order may be cited as the Charities Act 1992 (Commencement...

1.—(1) This Order may be cited as the Charities Act 1992 (Commencement No. 1 and Transitional Provisions) Order 1992.

(2) In this Order—

“the 1992 Act ” means the Charities Act 1992, and

“the 1960 Act ” means the Charities Act 19602.

S-2 Subject to paragraphs (2) to (5) below, the provisions of the ...

2.—(1) Subject to paragraphs (2) to (5) below, the provisions of the 1992 Act which are specified in Schedule 1 to this Order shall come into force on 1st September 1992.

(2) Without prejudice to sections 16 and 17 of the Interpretation Act 19783, nothing in the commencement of section 6(6) of the 1992 Act, which omits section 6(9) of the 1960 Act, or section 54(2) of the 1992 Act, or the commencement of the repeal of the said section 6(9) by Schedule 7 to the 1992 Act shall have effect for the purposes of offences committed or alleged to have been committed under the said section 6(9) before 1st September 1992.

(3) Until such time as the definition of “financial year ” in section 1(1) of the 1992 Act comes into force (together with the regulations which are to be made by virtue of section 20(2) of that Act and which are referred to in paragraph (b) of that definition), the expression “financial year ” in sections 43(1) and 44(1) of the 1992 Act means any period in respect of which an income and expenditure account is required to be prepared whether under section 32 of the 1960 Act or by or under the authority of any other Act, whether that period is a year or not.

(4) The commencement of paragraph 3 of Schedule 3 to the 1992 Act (which replaces section 9(1) to (3) of the 1960 Act with a new section 9) shall have effect as from 1st September 1992 to the extent that subsections (1) and (3) of section 9 of the 1960 Act4cease to have effect, but the replacement of section 9(2) by the section set out in that paragraph shall not have effect until 1st January 1993.

(5) The commencement of the repeal of the Charities Act 19855by Schedule 7 to the 1992 Act shall not include section 1 of that Act of 1985 and, without prejudice to the generality of sections 16 and 17 of the Interpretation Act 1978, the commencement of the repeal of that Act of 1985 shall not have effect for the purposes of any resolution duly passed under sections 2, 3 or 4 of that Act.

S-3 to paragraph (2) below, the provisions of the 1992 Act which...

3.—(1) to paragraph (2) below, the provisions of the 1992 Act which are specified in Schedule 2 to this Order shall come into force on 1st November 1992.

(2) Without prejudice to sections 16 and 17 of the Interpretation Act 1978, the amendment made by section 8(9) of the 1992 Act shall not have effect for the purposes of any offence committed or alleged to have been committed before 1st November 1992.

S-4 Subject to paragraphs (2) and (3) below, the provisions of the ...

4.—(1) Subject to paragraphs (2) and (3) below, the provisions of the 1992 Act which are specified in Schedule 3 to this Order shall come into force on 1st January 1993.

(2) Until such time as the definition of “financial year ” in section 1(1) of the 1992 Act comes into force (together with the regulations which are to be made by virtue of section 20(2) of that Act and which are referred to in paragraph (b) of that definition), the expression “financial year ” in section 3(1) of the 1992 Act—

(a)

(a) in relation to a charity which is a company, shall be construed in accordance with section 223 of the Companies Act 19856; and

(b)

(b) in relation to any other charity, means any period in respect of which an income and expenditure account is required to be prepared whether under section 32 of the 1960 Act or by or under the authority of any other Act, whether that period is a year or not.

(3) Without prejudice to section 16 of the Interpretation Act 1978, the repeal by section 37(5) of, and Schedule 7 to, the 1992 Act of subsections (2) to (8) of section 27 of the 1960 Act shall not affect any notice to treat given prior to 1st January 1993.

Kenneth Clarke

One of Her Majesty’s Principal Secretaries of State

Home Office

28th July 1992

SCHEDULE 1

Article 2

PROVISIONS OF THE 1992 ACT COMING INTO FORCE ON 1ST SEPTEMBER 1992

Provisions of the Act

Subject matter of provisions

Section 1 except the definitions of “financial year ”, “independent examiner ” and “special trust ” in subsection (1) and subsection (3)

Interpretation of Part I, etc.

Section 2

The register of charities

Section 4

Power of Commissioners to require charity’s name to be changed

Section 5

Effect of a direction under s.4 where charity is a company

Section 6

General power to institute inquiries

Section 7

Power of Commissioners to obtain information and documents

Section 11

Report of inquiry held by Commissioners to be evidence in certain proceedings

Section 13

Commissioners' concurrent jurisdiction with High Court for certain purposes

Section 14

Trust corporations appointed by Commissioners under 1960 Act

Section 16

Common deposit funds

Section 17

Power of Commissioners to authorise certain ex gratia payments etc. by charities

Section 29

Divestment of charity property held by official custodian for charities

Section 30

Provisions supplementary to s.29

Section 31

Divestment in the case of land subject to Reverter of Sites Act 1987

Section 38

Relaxation of restrictions on wider-range investments

Section 39

Extension of powers of investment

Section 43

Small charities: power to transfer all property, modify objects etc.

Section 44

Small charities: power to spend capital

Section 47

Minor and consequential amendments of 1960 Act

Section 49

Amendment of Redundant Churches and Other Religious Buildings Act 1969

Section 50

Contributions towards maintenance etc. of almshouses

Section 51

Fees and other amounts payable to Commissioners

Section 52

Disclosure of information to and by Commissioners

Section 53

Data protection

Section 54

Supply of false or misleading information to Commissioners etc.

Section 55

Restriction on institution of proceedings for certain offences

Section 56

Enforcement of requirements by order of Commissioners, and other provisions as to orders made by them

Section 57

Directions of the Commissioners

Section 75

Offences by bodies corporate

Section 76

Service of documents

Section 77

Regulations and orders

Section 78

Minor and consequential amendments and repeals

Section 79

Short title, commencement and extent

So much of Schedule 1 as relates to section 4 of the 1960 Act

Sections 4 and 20 of the Charities Act 1960, as amended

In Schedule 3, paragraphs 1, 3, 4, 5, 6, 7, 8(b), 9, 11, 12, 14, 15, 16, 17, 18, 19, 20 and 21

Minor and consequential amendments of Charities Act 1960

Schedule 5

Amendments of Redundant Churches and Other Religious Buildings Act 1969

In Schedule 6, paragraphs 2, 10(a), 11, 12, 14, 15, 16 and 17

Minor and consequential amendments

So much of Schedule 7 as is specified in the Appendix to this Schedule

Repeals

APPENDIX TO SCHEDULE 1

REPEALS TAKING EFFECT ON 1ST SEPTEMBER 1992

Chapter

Short title

Extent of repeal

1940 c. 31

War Charities Act 1940

The whole Act.

1948 c. 29

National Assistance Act 1948

Section 41.

1958 c. 49

Trading Representations (Disabled Persons) Act 1958

Section 1(2)(b).

1959 c. 72

Mental Health Act 1959

Section 8(3).

1960 c. 58

Charities Act 1960

In section 4(6), the words from “and any person ” onwards.

Section 6(6) and (9).

Section 7(4).

Section 16(2).

In section 19(6), the words “or the like reference from the Secretary of State ”.

In section 22, subsection (6) and, in subsection (9), the words from “, and the ” to “endowment ” (where last occurring).

In section 30C(1)(c), the words “by or ”.

Section 31.

In section 45(3), the words “Subject to subsection (9) of section twenty-two of this Act, ”.

In section 46, the words “, subject to subsection (9) of section twenty-two of this Act, ”.

In Schedule 1, in paragraph 1(3), the words “Subject to sub-paragraph (6) below, ”.

In Schedule 6, the entry relating to the War Charities Act 1940.

1966 c. 42

Local Government Act 1966

In Schedule 3, in column 1 of Part II, paragraph 20.

1970 c. 42

Local Authority Social Services Act 1970

In Schedule 1, the entry relating to section 41 of the National Assistance Act 1948.

1972 c. 70

Local Government Act 1972

Section 210(8).

1983 c. 41

Health and Social Services and Social Security Adjudications Act 1983

Section 30(3).

1983 c. 47

National Heritage Act 1983

In Schedule 4, paragraphs 13 and 14.

1985 c. 9

Companies Consolidation (Consequential Provisions) Act 1985

In Schedule 2, the entry relating to section 30(1) of the Charities Act 1960.

1985 c. 20

Charities Act 1985

The whole Act (except section 1).

1986 c. 41

Finance Act 1986

Section 33.

SCHEDULE 2

Article 3

PROVISIONS OF THE 1992 ACT COMING INTO FORCE ON 1ST NOVEMBER 1992

Provisions of the Act

Subject matter of provisions

Section 8

Power to act for protection of charities

Section 9

Supplementary provisions relating to receiver and manager appointed for a charity

Section 10

Additional powers exercisable by Commissioners in relation to charitable companies

Section 12

Supervision by Commissioners of certain Scottish charities

So much of Schedule 1 as relates to section 20 of the 1960 Act

Sections 4 and 20 of the Charities Act 1960, as amended

In Schedule 3, paragraph 8(a)

Minor and consequential amendments of Charities Act 1960

SCHEDULE 3

Article 4

PROVISIONS OF THE 1992 ACT COMING INTO FORCE ON 1ST JANUARY 1993

Provisions of the Act

Subject matter of provisions

Section 3

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