The Charities (Pre-consolidation Amendments) Order 2011

JurisdictionUK Non-devolved
CitationSI 2011/1396

2011 No. 1396

Charities

The Charities (Pre-consolidation Amendments) Order 2011

Made 2nd June 2011

Coming into force in accordance with article 1

This Order is made in exercise of the powers conferred by sections 74(2) and (7), 76 and 78(6) of the Charities Act 20061.

The Minister for the Cabinet Office is satisfied that the amendments made by this Order will facilitate, or are otherwise desirable in connection with, the consolidation of enactments relating to charities2.

A draft of this Order has been laid before Parliament in accordance with section 74(4) and (5) of that Act and approved by resolution of each House of Parliament.

Accordingly, the Minister makes the following Order:

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Charities (Pre-consolidation Amendments) Order 2011 and comes into force (in accordance with section 76(3) of the Charities Act 2006) immediately before the Charities Act 2011 comes into force.

S-2 Amendments of enactments relating to charities

Amendments of enactments relating to charities

2.—(1) The Schedule (which contains amendments of enactments relating to charities) has effect.

(2) Subject to paragraph (3), any amendment made by the Schedule has the same extent as the provision amended.

(3) The amendment of section 1 of the Recreational Charities Act 19583made by paragraph 1 of the Schedule has the same effect in relation to the law of Scotland and Northern Ireland as the amendment of that section by section 5 of the Charities Act 20064.

Nick Hurd

Parliamentary Secretary

Cabinet Office

2nd June 2011

SCHEDULE

Article 2

AMENDMENTS OF ENACTMENTS RELATING TO CHARITIES

1 AMENDMENTS OF RECREATIONAL CHARITIES ACT 1958 (c. 17)

PART 1

AMENDMENTS OF RECREATIONAL CHARITIES ACT 1958 (c. 17)

SCH-1.1

1. In section 1(1) of the Recreational Charities Act 19585, for “the principle that a trust or institution to be charitable must be for the public benefit” substitute “the requirement in section 2(1)(b) of the Charities Act 2006 that a purpose falling within section 2(2) of that Act must be for the public benefit if it is to be a charitable purpose”.

SCH-1.2

2. Omit section 3(1) of that Act6.

SCH-1.3

3. Omit section 5 of that Act.

2 AMENDMENTS OF CHARITIES ACT 1993 (c. 10)

PART 2

AMENDMENTS OF CHARITIES ACT 1993 (c. 10)

SCH-1.4

4. In section 1A(4) of the Charities Act 19937, for “other” substitute “of another”.

SCH-1.5

5. In section 2(1) of that Act8for “by that name a corporation sole having perpetual succession and using an official seal which” substitute “a corporation sole whose official seal”.

SCH-1.6

6. In section 3A of that Act9

(a) in subsection (4)(c) after “any” insert “charity or”;

(b) for paragraph (c) of subsection (11) and the word “and” preceding that paragraph substitute—

“(c)

“(c) subsections (6)(a) and (7)(a),

(d)

(d) in subsection (8), paragraph (a) and the words following paragraph (b),

(e)

(e) subsection (9), and

(f)

(f) this subsection,”.

SCH-1.7

7.—(1) In the following provisions of that Act, for “furnish” substitute “provide”—

(a)

(a) section 8(3)(a) and (b)10;

(b)

(b) section 9(1)(a) and (b)(i) and (4)11;

(c)

(c) section 28(9)12;

(d)

(d) section 8413.

(2) In the following provisions of that Act, for “furnished” substitute “provided”—

(a)

(a) section 9(3)14;

(b)

(b) section 31A(2)(b) and (c)15.

(3) In the following provisions of that Act, for “furnishing” substitute “provision”—

(a)

(a) section 85(1)(b)16;

(b)

(b) section 97(2)(a) and (b).

(4) Any regulations made or having effect as if made under section 85 of that Act are to be read as if any reference in the regulations to the furnishing of a document were a reference to the provision of the document.

SCH-1.8

8.—(1) In section 14(5)(c) of that Act, for “such claim” substitute “claims made in accordance with paragraph (b)”.

(2) In section 14(6)(a) of that Act17, for “any such claims” substitute “claims made in accordance with subsection (5)(b)”.

SCH-1.9

9. In section 14B of that Act18, after subsection (6) insert—

SCH-1.7

“7 In this section references to the original purposes of a gift are to be read, where the application of the property given has been altered or regulated by a scheme or otherwise, as referring to the purposes for which the property is for the time being applicable.”.

SCH-1.10

10.—(1) In section 17(2) of that Act19, omit “and a draft of the order shall be laid before Parliament”.

(2) After section 17(2) of that Act insert—

SCH-1.2A

“2A Subject to subsections (3) and (5), an order under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.”.

(3) In section 17(3) of that Act—

(a)

(a) omit “Without prejudice to the operation of section 6 of the Statutory Instruments Act 1946 in other cases,”, and

(b)

(b) for “the order shall not be made unless the draft has been approved by” substitute “no order may be made unless a draft of the order has been laid before and approved by a”.

SCH-1.11

11.—(1) In section 18(12) of that Act20, for “under this section otherwise than by virtue of subsection (1)” substitute “by virtue of subsection (2), (4) or (5)”.

(2) In section 22(3) of that Act21, for “section 18” substitute “section 18(1)(iii)”.

SCH-1.12

12.—(1) In section 20(2)(b) of that Act22, for “to the parish or community council (or, where a parish has no council, to the chairman of the parish meeting)” substitute “to—

(i)

(i) the parish council or, if the parish has no council, the chairman of the parish meeting, or

(ii)

(ii) the community council or, if the community has no council, the council of the county or the county borough.”.

(2) In section 79(7) of that Act23, in paragraph (a) for “for references in subsections (1) and (2)” substitute “for references in subsection (1)” and after paragraph (a) insert—

“(aa)

“(aa) for references in subsection (2)24to a parish, a parish council or a parish meeting there shall be substituted respectively references to a community, a community council or the council of the county or (as the case may be) county borough;”.

SCH-1.13

13. In section 22(1) of that Act, after “orders of the court” insert “in the same way”.

SCH-1.14

14. In section 26(3) of that Act—

(a) for “thereby authorised” substitute “authorised by the order”, and

(b) for “therewith” substitute “with that authority”.

SCH-1.15

15. In section 36(4)(a) of that Act25, omit “or of the Incorporated Society of Valuers and Auctioneers”.

SCH-1.16

16. In section 39(1) of that Act26, for “registered disposition” substitute “registrable disposition”.

SCH-1.17

17.—(1) In section 43(1) of that Act27, for “£100,000 or such other sum as is” substitute “the sum”.

(2) In section 43(9) of that Act28, for “, of a charity for a financial year” substitute “for a financial year of a charity which is a company”.

SCH-1.18

18. In section 43A(5) of that Act29, for “Commission” substitute “Charity Commission”.

SCH-1.19

19.—(1) In section 57(1) of that Act30, for “and shall preserve all documents sent to it under this Part of this Act” substitute “and documents sent to the Commission under this Part shall be kept by the Commission for such period as it thinks fit”.

(2) For section 57(2) of that Act substitute—

SCH-1.2

“2 Documents kept under this section are to be open to public inspection at all reasonable times; and any person who is provided with a copy or extract of any document kept under this section may require it to be certified by a certificate signed by a member of the staff of the Commission.”.

SCH-1.20

20. In section 69I(3)(b) of that Act31, for “register of friendly societies” substitute “mutual societies register”.

SCH-1.21

21. In section 69M(5) of that Act32, after “The resolution” insert “of the transferor CIO”.

SCH-1.22

22.—(1) In section 73D of that Act33

(a)

(a) in subsection (1)(c) omit “, reporting accountant”;

(b)

(b) in subsection (5)—

(i) in paragraph (a) for “section 43B above”, and

(ii) in paragraph (b) for “that section”,

substitute “Part 6 (including Schedule 5A)34”.

(2) Nothing in sub-paragraph (1)(a) affects the operation of sections 73D and 73E35of the 1993 Act in relation to a person who is, or has been, a reporting accountant appointed to examine or report on a charity’s accounts relating to a financial year beginning before 1st April 2008.

SCH-1.23

23. In section 74B(11) of that Act36, for “any reference to any obligation imposed on the charity trustees by or under section 74 includes” substitute “the references in sections 74(8)(b) and 74A(2) to any obligation imposed on the charity trustees by or under section 74 include”.

SCH-1.24

24.—(1) In section 79(2) of that Act, omit “, ratepayers”.

(2) Nothing in sub-paragraph (1) affects any appointment of a charity trustee made before the commencement of that sub-paragraph.

(3) Where, immediately before the commencement of sub-paragraph (1)—

(a)

(a) the charity trustees of a parochial charity included one or more persons elected by ratepayers, or

(b)

(b) the sole charity trustee of a parochial charity was elected by ratepayers,

then, on and after the commencement of that sub-paragraph, section 79(2) of that Act has effect in relation to that parochial charity as if the person or persons so elected had been elected by the local government electors.

SCH-1.25

25. In section 80(1) of that Act37, after “in relation to a charity” insert “; and for the purposes of section 31A(10) as it has effect by virtue of this subsection, the reference in section 31A(10)(b) to the charity trustees of the charity is to be read as a reference to the persons having the general control and management of the administration of the recognised body”.

SCH-1.26

26. In section 82 of that Act—

(a) in subsection (1), for “assurances or other deeds or instruments” substitute “documents”, and

(b) in subsections (1), (2)(a), (3) and (4) for “deed or instrument” substitute “document”.

SCH-1.27

27. In section 84 of that Act38, for “open to inspection under...

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