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Royal arms

Charities Act 2006

2006 CHAPTER 50

CONTENTS

Go to Preamble

  1. Part 1

    Meaning of “charity” and “charitable purpose”

    1. 1. Meaning of “charity”

    2. 2. Meaning of “charitable purpose”

    3. 3. The “public benefit” test

    4. 4. Guidance as to operation of public benefit requirement

    5. 5. Special provisions about recreational charities, sports clubs etc.

  2. Part 2

    Regulation of charities

    1. Chapter 1

      The Charity Commission

      1. Establishment of Charity Commission

        1. 6. The Charity Commission

      2. Commission’s objectives, general functions etc.

        1. 7. The Commission’s objectives, general functions and duties

    2. Chapter 2

      The Charity Tribunal

      1. 8. The Charity Tribunal

    3. Chapter 3

      Registration of charities

      1. General

        1. 9. Registration of charities

        2. 10. Interim changes in threshold for registration of small charities

      2. Exempt charities: registration and regulation

        1. 11. Changes in exempt charities

        2. 12. Increased regulation of exempt charities under 1993 Act

        3. 13. General duty of principal regulator in relation to exempt charity

        4. 14. Commission to consult principal regulator before exercising powers in relation to exempt charity

    4. Chapter 4

      Application of property cy-près

      1. Cy-près occasions

        1. 15. Application cy-près by reference to current circumstances

        2. 16. Application cy-près of gifts by donors unknown or disclaiming

        3. 17. Application cy-près of gifts made in response to certain solicitations

      2. Schemes

        1. 18. Cy-près schemes

    5. Chapter 5

      Assistance and supervision of charities by court and Commission

      1. Suspension or removal of trustees etc. from membership

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

      2. Directions by Commission

        1. 20. Power to give specific directions for protection of charity

        2. 21. Power to direct application of charity property

      3. Publicity relating to schemes

        1. 22. Relaxation of publicity requirements relating to schemes etc.

      4. Common investment schemes

        1. 23. Participation of Scottish and Northern Irish charities in common investment schemes etc.

      5. Advice or other assistance

        1. 24. Power to give advice and guidance

        2. 25. Power to determine membership of charity

      6. Powers of entry etc.

        1. 26. Power to enter premises and seize documents etc.

      7. Mortgages of charity land

        1. 27. Restrictions on mortgaging

    6. Chapter 6

      Audit or examination of accounts where charity is not a company

      1. 28. Annual audit or examination of accounts of charities which are not companies

      2. 29. Duty of auditor etc. of charity which is not a company to report matters to Commission

      3. 30. Group accounts

    7. Chapter 7

      Charitable companies

      1. 31. Relaxation of restriction on altering memorandum etc. of charitable company

      2. 32. Annual audit or examination of accounts of charitable companies

      3. 33. Duty of auditor etc. of charitable company to report matters to Commission

    8. Chapter 8

      Charitable incorporated organisations

      1. 34. Charitable incorporated organisations

    9. Chapter 9

      Charity trustees etc.

      1. Waiver of disqualification

        1. 35. Waiver of trustee’s disqualification

      2. Remuneration of trustees etc.

        1. 36. Remuneration of trustees etc. providing services to charity

        2. 37. Disqualification of trustee receiving remuneration by virtue of section 36

      3. Liability of trustees etc.

        1. 38. Power of Commission to relieve trustees, auditors etc. from liability for breach of trust or duty

        2. 39. Trustees' indemnity insurance

    10. Chapter 10

      Powers of unincorporated charities

      1. 40. Power to transfer all property

      2. 41. Power to replace purposes

      3. 42. Power to modify powers or procedures

    11. Chapter 11

      Powers to spend capital and mergers

      1. Spending of capital

        1. 43. Power to spend capital

      2. Mergers

        1. 44. Merger of charities

  3. Part 3

    Funding for charitable, benevolent or philanthropic institutions

    1. Chapter 1

      Public charitable collections

      1. Preliminary

        1. 45. Regulation of public charitable collections

        2. 46. Charitable appeals that are not public charitable collections

        3. 47. Other definitions for purposes of this Chapter

      2. Restrictions on conducting collections

        1. 48. Restrictions on conducting collections in a public place

        2. 49. Restrictions on conducting door to door collections

        3. 50. Exemption for local, short-term collections

      3. Public collections certificates

        1. 51. Applications for certificates

        2. 52. Determination of applications and issue of certificates

        3. 53. Grounds for refusing to issue a certificate

        4. 54. Power to call for information and documents

        5. 55. Transfer of certificate between trustees of unincorporated charity

        6. 56. Withdrawal or variation etc. of certificates

        7. 57. Appeals against decisions of the Commission

      4. Permits

        1. 58. Applications for permits to conduct collections in public places

        2. 59. Determination of applications and issue of permits

        3. 60. Refusal of permits

        4. 61. Withdrawal or variation etc. of permits

        5. 62. Appeals against decisions of local authority

      5. Supplementary

        1. 63. Regulations

        2. 64. Offences

        3. 65. Offences by bodies corporate

        4. 66. Service of documents

    2. Chapter 2

      Fund-raising

      1. 67. Statements indicating benefits for charitable institutions and fund-raisers

      2. 68. Statements indicating benefits for charitable institutions and collectors

      3. 69. Reserve power to control fund-raising by charitable institutions

    3. Chapter 3

      Financial assistance

      1. 70. Power of relevant Minister to give financial assistance to charitable, benevolent or philanthropic institutions

      2. 71. Power of National Assembly for Wales to give financial assistance to charitable, benevolent or philanthropic institutions

  4. Part 4

    Miscellaneous and general

    1. Miscellaneous

      1. 72. Disclosure of information to and by Northern Ireland regulator

      2. 73. Report on operation of this Act

    2. General

      1. 74. Orders and regulations

      2. 75. Amendments, repeals, revocations and transitional provisions

      3. 76. Pre-consolidation amendments

      4. 77. Amendments reflecting changes in company law audit provisions

      5. 78. Interpretation

      6. 79. Commencement

      7. 80. Short title and extent

    1. Schedule 1

      The Charity Commission

    2. Schedule 2

      Establishment of the Charity Commission: supplementary

    3. Schedule 3

      The Charity Tribunal

    4. Schedule 4

      Appeals and applications to Charity Tribunal

    5. Schedule 5

      Exempt charities: increased regulation under 1993 Act

    6. Schedule 6

      Group accounts

    7. Schedule 7

      Charitable incorporated organisations

      1. Part 1

        New Part 8A of and Schedule 5B to 1993 Act

      2. Part 2

        Other amendments of 1993 Act

    8. Schedule 8

      Minor and consequential amendments

    9. Schedule 9

      Repeals and revocations

    10. Schedule 10

      Transitional provisions and savings

An Act to provide for the establishment and functions of the Charity Commission for England and Wales and the Charity Tribunal; to make other amendments of the law about charities, including provision about charitable incorporated organisations; to make further provision about public charitable collections and other fund-raising carried on in connection with charities and other institutions; to make other provision about the funding of such institutions; and for connected purposes.

[8th November 2006]

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:—

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