Office of Public Sector Information
Section 13.
| Existing area | Permissible enlargement |
|---|---|
| 1. Greater London | Any area comprising Greater London. |
| 2. Any area in Greater London and not in, or partly in, the City of London. | (i) Any area in Greater London and not in, or partly in, the City of London; (ii) the area of Greater London exclusive of the City of London; (iii) any area comprising the area of Greater London, exclusive of the City of London; (iv) any area partly in Greater London and partly in any adjacent parish or parishes (civil or ecclesiastical), and not partly in the City of London. |
| 3. A district | Any area comprising the district |
| 4. Any area in a district | (i) Any area in the district; (ii) the district; (iii) any area comprising the district; (iv) any area partly in the district and partly in any adjacent district. |
| 5. A parish (civil or ecclesiastical), or two or more parishes, or an area in a parish, or partly in each of two or more parishes. | Any area not extending beyond the parish or parishes comprising or adjacent to the area in column 1. |
| 6. In Wales, a community, or two or more communities, or an area in a community, or partly in each of two or more communities. | Any area not extending beyond the community or communities comprising or adjacent to the area in column 1. |
Section 15.
1 The court may by virtue of section 15(3) of this Act exercise its jurisdiction with respect to charities—
(a) in relation to charities established or regulated by any provision of the [1851 c. 102.] Seamen’s Fund Winding-up Act 1851 which is repealed by the [1960 c. 58.] Charities Act 1960;
(b) in relation to charities established or regulated by schemes under the Endowed Schools Act 1869 to 1948, or section 75 of the [1870 c. 75.] Elementary Education Act 1870 or by schemes given effect under section 2 of the [1973 c. 16.] Education Act 1973;
(c) in relation to allotments regulated by sections 3 to 9 of the [1873 c. 16.] Poor Allotments Management Act 1873;
(d) in relation to fuel allotments, that is to say, land which, by any enactment relating to inclosure or any instrument having effect under such an enactment, is vested in trustees upon trust that the land or the rents and profits of the land shall be used for the purpose of providing poor persons with fuel;
(e) in relation to charities established or regulated by any provision of the [1883 c. 18.] Municipal Corporations Act 1883 which is repealed by the Charities Act 1960 or by any scheme having effect under any such provision;
(f) in relation to charities regulated by schemes under the [1899 c. 14.] London Government Act 1899;
(g) in relation to charities established or regulated by orders or regulations under section 2 of the [1935 c. 11.] Regimental Charitable Funds Act 1935;
(h) in relation to charities regulated by section 79 of this Act, or by any such order as is mentioned in that section.
2 Notwithstanding anything in section 19 of the [1876 c. 56.] Commons Act 1876 a scheme for the administration of a fuel allotment (within the meaning of the foregoing paragraph) may provide—
(a) for the sale or letting of the allotment or any part thereof, for the discharge of the land sold or let from any restrictions as to the use thereof imposed by or under any enactment relating to inclosure and for the application of the sums payable to the trustees of the allotment in respect of the sale or lease; or
(b) for the exchange of the allotment or any part thereof for other land, for the discharge as aforesaid of the land given in exchange by the said trustees, and for the application of any money payable to the said trustees for equality of exchange; or
(c) for the use of the allotment or any part thereof for any purposes specified in the scheme.
Section 36(2).
1 In section 36(2) of this Act “connected person”, in relation to a charity, means—
(a) a charity trustee or trustee for the charity;
(b) a person who is the donor of any land to the charity (whether the gift was made on or after the establishment of the charity);
(c) a child, parent, grandchild, grandparent, brother or sister of any such trustee or donor;
(d) an officer, agent or employee of the charity;
(e) the spouse of any person falling within any of sub-paragraphs (a) to (d) above;
(f) an institution which is controlled—
(i) by any person falling within any of sub-paragraphs (a) to (e) above, or
(ii) by two or more such persons taken together; or
(g) a body corporate in which—
(i) any connected person falling within any of sub-paragraphs (a) to (f) above has a substantial interest, or
(ii) two or more such persons, taken together, have a substantial interest.
2 (1) In paragraph 1(c) above “child” includes a stepchild and an illegitimate child.
(2) For the purposes of paragraph 1(e) above a person living with another as that person’s husband or wife shall be treated as that person’s spouse.
3 For the purposes of paragraph 1(f) above a person controls an institution if he is able to secure that the affairs of the institution are conducted in accordance with his wishes.
4 (1) For the purposes of paragraph 1(g) above any such connected person as is there mentioned has a substantial interest in a body corporate if the person or institution in question—
(a) is interested in shares comprised in the equity share capital of that body of a nominal value of more than one-fifth of that share capital, or
(b) is entitled to exercise, or control the exercise of, more than one-fifth of the voting power at any general meeting of that body.
(2) The rules set out in Part I of Schedule 13 to the [1985 c. 6.] Companies Act 1985 (rules for interpretation of certain provisions of that Act) shall apply for the purposes of sub-paragraph (1) above as they apply for the purposes of section 346(4) of that Act (“connected persons” etc).
(3) In this paragraph “equity share capital” and “share” have the same meaning as in that Act.
Charities Act 1993