Office of Public Sector Information
Section 75
1 In section 6 of the Literary and Scientific Institutions Act 1854 (power of corporations etc. to convey land for the purposes of that Act) for “without the consent of the Charity Commissioners” substitute “except with the consent of the Charity Commission or in accordance with such provisions of section 36(2) to (8) of the Charities Act 1993 as are applicable”.
2 In section 9(1) of the Places of Worship Registration Act 1855 (certified places exempt from requirement to register)—
(a) for “shall be excepted under subsection (5) of section 3 of the Charities Act 1993, from registration under that section” substitute “shall, so far as it is a charity, be treated for the purposes of section 3A(4)(b) of the Charities Act 1993 (institutions to be excepted from registration under that Act) as if that provision applied to it”, and
(b) for “Charity Commissioners” substitute “Charity Commission”.
3 The Bishops Trusts Substitution Act 1858 has effect subject to the following amendments.
4 In section 1 (substitution of one bishop for another as trustee)—
(a) for “Charity Commissioners” substitute “Charity Commission”, and
(b) for “them” substitute “it”.
5 In section 3 (how costs are to be defrayed) for “said Charity Commissioners” (in both places) substitute “Charity Commission”.
6 In section 1(d) of the Places of Worship Sites Amendment Act 1882 (conveyance of lands by corporations and other public bodies) for “without the consent of the Charity Commissioners” substitute “except with the consent of the Charity Commission or in accordance with such provisions of section 36(2) to (8) of the Charities Act 1993 as are applicable”.
7 In section 133(2) of the Municipal Corporations Act 1882 (administration of charitable trusts and vesting of legal estate) for “Charity Commissioners” substitute “Charity Commission”.
8 In section 9(1) of the Technical and Industrial Institutions Act 1892 (site may be sold or exchanged) for “with the consent of the Charity Commissioners” substitute “with the consent of the Charity Commission or in accordance with such provisions of section 36(2) to (8) of the Charities Act 1993 as are applicable”.
9 (1) In section 75(2) of the Local Government Act 1894 (construction of that Act) the definition of “ecclesiastical charity” is amended as follows.
(2) In the second paragraph (proviso)—
(a) for “Charity Commissioners” substitute “Charity Commission”, and
(b) for “them” substitute “it”.
(3) In the third paragraph (inclusion of other buildings) for “Charity Commissioners” substitute “Charity Commission”.
10 In section 18 of the Commons Act 1899 (power to modify provisions as to recreation grounds)—
(a) for “Charity Commissioners” substitute “Charity Commission”, and
(b) for “their” substitute “its”.
11 The Open Spaces Act 1906 has effect subject to the following amendments.
12 In section 3(1) (transfer to local authority of spaces held by trustees for purposes of public recreation) for “Charity Commissioners” substitute “Charity Commission”.
13 (1) Section 4 (transfer by charity trustees of open space to local authority) is amended as follows.
(2) In subsection (1), for the words from “and with the sanction” to “as hereinafter provided” substitute “and in accordance with subsection (1A)”.
(3) After subsection (1) insert—
“(1A) The trustees act in accordance with this subsection if they convey or demise the open space as mentioned in subsection (1)—
(a) with the sanction of an order of the Charity Commission or with that of an order of the court to be obtained as provided in the following provisions of this section, or
(b) in accordance with such provisions of section 36(2) to (8) of the Charities Act 1993 as are applicable.”
(4) In subsection (4)—
(a) for “Charity Commissioners” substitute “Charity Commission”, and
(b) for “them” substitute “it”.
14 In section 21(1) (application to Ireland)—
(a) for “Charity Commissioners” substitute “Charity Commission”, and
(b) for “Commissioners of Charity Donations and Bequests for Ireland” substitute “the Department for Social Development”.
15 (1) Section 5 of the Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (regulation of street collections) is amended as follows.
(2) In subsection (1) for “the benefit of charitable or other purposes,” substitute “any purposes in circumstances not involving the making of a charitable appeal,”.
(3) In paragraph (b) of the proviso to subsection (1) omit the words from “, and no representation” onwards.
(4) In subsection (4) before the definition of “street” insert—
““charitable appeal” has the same meaning as in Chapter 1 of Part 3 of the Charities Act 2006;”.
16 The National Trust Charity Scheme Confirmation Act 1919 has effect subject to the following amendments.
17 In section 1 (confirmation of the scheme) for “Charity Commissioners” substitute “Charity Commission”.
18 In paragraph 3 of the scheme set out in the Schedule, for “Charity Commissioners upon such application made to them for the purpose as they think” substitute “Charity Commission upon such application made to it for the purpose as it thinks”.
19 In section 29(3) of the Settled Land Act 1925 (charitable and public trusts: saving) for “Charity Commissioners” substitute “Charity Commission”.
20 In Part 2 of the Second Schedule to the Landlord and Tenant Act 1927 (application to ecclesiastical and charity land), in paragraph 2, for “Charity Commissioners” substitute “Charity Commission”.
21 The Voluntary Hospitals (Paying Patients) Act 1936 has effect subject to the following amendments.
22 In section 1 (definitions), in the definition of “Order”, for “Charity Commissioners” substitute “Charity Commission”.
23 (1) Section 2 (accommodation for and charges to paying patients) is amended as follows.
(2) In subsections (1), (3) and (4) for “Charity Commissioners” substitute “Charity Commission”.
(3) In subsection (4)—
(a) for “the Commissioners” (in both places) substitute “the Commission”,
(b) for “they” substitute “it”, and
(c) for “their” substitute “its”.
24 In section 3(1) (provision for patients able to make some, but not full, payment)—
(a) for “Charity Commissioners are” substitute “Charity Commission is”, and
(b) for “they” substitute “it”.
25 In section 4 (provisions for protection of existing trusts)—
(a) for “Charity Commissioners” substitute “Charity Commission”, and
(b) in paragraphs (a), (b) and (c) for “they are” substitute “it is”.
26 (1) Section 5 (power to make rules) is amended as follows.
(2) In subsection (1)—
(a) for “Charity Commissioners” substitute “Charity Commission”, and
(b) for “they” substitute “it”.
(3) In subsection (3)—
(a) for “Charity Commissioners” (in both places) substitute “Charity Commission”,
(b) for “they” and “them” (in each place) substitute “it”, and
(c) for “an officer” substitute “a member of staff”.
(4) In the sidenote, for “Charity Commissioners” substitute “Charity Commission”.
27 In section 6(2) (savings)—
(a) for “Charity Commissioners” substitute “Charity Commission”, and
(b) for “them” substitute “it”.
28 In section 20 of the Green Belt (London and Home Counties) Act 1938 (lands held on charitable trusts) for “Charity Commissioners” substitute “Charity Commission”.
29 The New Parishes Measure 1943 has effect subject to the following amendments.
30 In section 14(1)(b) (power of corporations etc. to give or grant land for sites of churches, etc.) for “with the sanction of an order of the Charity Commissioners” substitute—
“(i) with the sanction of an order of the Charity Commission, or
(ii) in accordance with such provisions of section 36(2) to (8) of the Charities Act 1993 as are applicable;”.
31 In section 31 (charitable trusts)—
(a) for “the Board of Charity Commissioners” substitute “the Charity Commission”, and
(b) for “the Charity Commissioners” substitute “the Charity Commission”.
32 In section 23(3) of the Crown Proceedings Act 1947 (proceedings with respect to which Part 2 of the Act does not apply) for “Charity Commissioners” substitute “Charity Commission”.
33 (1) Section 6 of the London County Council (General Powers) Act 1947 (saving for certain trusts) is amended as follows.
(2) In subsection (2)—
(a) for “Charity Commissioners” substitute “Charity Commission”, and
(b) at the end add “; but this is subject to subsection (3)”.
(3) After subsection (2) add—
“(3) In relation to any disposition of land falling within section 36(1) of the Charities Act 1993, the Council or the borough council may, instead of acting with the sanction of an order of the court or of the Charity Commission, make the disposition in accordance with such provisions of section 36(2) to (8) of that Act as are applicable.”
34 In section 33(6) of the London County Council (General Powers) Act 1951 (improvement of roadside amenities: saving for certain land) for “Charity Commissioners” substitute “Charity Commission”.
35 In section 4(6) of the City of London (Various Powers) Act 1952 (improvement of amenities) for “Charity Commissioners” substitute “Charity Commission”.
36 In section 35 of the City of London (Guild Churches) Act 1952 (saving of rights of certain persons) for “Charity Commissioners” substitute “Charity Commission”.
37 (1) Section 34 of the London County Council (General Powers) Act 1955 (powers as to erection of buildings: saving for certain land and buildings) is amended as follows.
(2) In subsection (2)—
(a) for “Charity Commissioners” substitute “Charity Commission”, and
(b) at the end add “; but this is subject to subsection (3)”.
(3) After subsection (2) add—
“(3) In relation to any disposition of land falling within section 36(1) of the Charities Act 1993, the Council may, instead of acting with the sanction of an order of the court or of the Charity Commission, make the disposition in accordance with such provisions of section 36(2) to (8) of that Act as are applicable.”
38 In section 6(5) of the Parochial Church Councils (Powers) Measure 1956 (consents required for transactions relating to certain property) for “Charity Commissioners” substitute “Charity Commission”.
39 In section 6 of the Recreational Charities Act 1958 (short title and extent) for subsection (2) substitute—
“(2) Section 1 of this Act, as amended by section 5 of the Charities Act 2006, has the same effect in relation to the law of Scotland or Northern Ireland as section 5 of that Act has by virtue of section 80(3) to (6) of that Act.
(3) Sections 1 and 2 of this Act, as in force before the commencement of section 5 of that Act, continue to have effect in relation to the law of Scotland or Northern Ireland so far as they affect the construction of any references to charities or charitable purposes which—
(a) are to be construed in accordance with the law of England and Wales, but
(b) are not contained in enactments relating to matters of the kind mentioned in section 80(4) or (6) of that Act.”
40 Section 5 of the Church Funds Investment Measure 1958 (jurisdiction of Charity Commissioners) is omitted.
41 The Incumbents and Churchwardens (Trusts) Measure 1964 has effect subject to the following amendments.
42 In section 2(3) (property to which Measure applies) for “Charity Commissioners” substitute “Charity Commission”.
43 In section 3(6) (vesting of property in diocesan authority: saving) for “Charity Commissioners” substitute “Charity Commission”.
44 In section 5 (provisions as to property vested in the diocesan authority) for “Charity Commissioners” substitute “Charity Commission”.
45 (1) The Schedule (procedure where diocesan authority is of the opinion that Measure applies to an interest) is amended as follows.
(2) In paragraph 2 for “Charity Commissioners” substitute “Charity Commission”.
(3) In paragraph 3—
(a) for “Charity Commissioners” substitute “Charity Commission”,
(b) for “they think” (in both places) substitute “it thinks”, and
(c) for “the Commissioners” substitute “the Commission”.
(4) In paragraph 5—
(a) for “Charity Commissioners have” substitute “Charity Commission has”, and
(b) for “they” substitute “it”.
46 In section 4(2) of the Faculty Jurisdiction Measure 1964 (sale of books in parochial libraries under a faculty) for “Charity Commissioners” substitute “Charity Commission”.
47 In section 7D(4) of the Industrial and Provident Societies Act 1965 (application of sections 7A and 7B to charitable societies) for “Charity Commissioners” substitute “Charity Commission”.
48 In section 4(5) of the Clergy Pensions (Amendment) Measure 1967 (amendments of powers of Board relating to provision of residences) for “Charity Commissioners” and “said Commissioners” substitute “Charity Commission”.
49 In article 11(3) of the order set out in the Schedule to the Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (exercise of powers under articles 7 to 10 of the order) for “Charity Commissioners” substitute “Charity Commission”.
50 The Redundant Churches and other Religious Buildings Act 1969 has effect subject to the following amendments.
51 (1) Section 4 (transfer of certain redundant places of worship) is amended as follows.
(2) In subsections (6), (7) and (8) for “Charity Commissioners” substitute “Charity Commission”.
(3) In subsection (6) for “Commissioners'” substitute “Commission's”.
(4) In subsection (8) for “they have” substitute “it has”.
(5) After subsection (8) insert—
“(8A) Schedule 1C to the Charities Act 1993 shall apply in relation to an order made by virtue of subsection (8) above as it applies in relation to an order made under section 16(1) of that Act.”
52 In section 7(2) (saving) for “Charity Commissioners” (in both places) substitute “Charity Commission”.
53 In Schedule 3 to the Children and Young Persons Act 1969 (approved schools and other institutions), in paragraph 6(3), for “Charity Commissioners” substitute “Charity Commission”.
54 (1) Schedule 3 to the Synodical Government Measure 1969 (which sets out the Church Representation Rules) is amended as follows.
(2) In Rule 46A(a)—
(a) for “Charity Commissioners” substitute “Charity Commission”, and
(b) for “them” substitute “it”.
(3) In Section 4 of Appendix I to those Rules (which sets out certain forms), in Note 3—
(a) for “Charity Commissioners” substitute “Charity Commission”, and
(b) for “them” substitute “it”.
(4) In Section 6 of that Appendix, in the Note—
(a) for “Charity Commissioners” substitute “Charity Commission”, and
(b) for “them” substitute “it”.
(5) In Appendix II to those Rules (general provisions relating to parochial church councils), in paragraph 16, for “Charity Commissioners” substitute “Charity Commission”.
55 In section 131(3) of the Local Government Act 1972 (savings in relation to charity land) for “Charity Commissioners” substitute “Charity Commission”.
56 In section 16 of the Consumer Credit Act 1974 (exempt agreements), in the table in subsection (3A) and in subsections (8) and (9), for “Charity Commissioners” substitute “Charity Commission”.
57 In section 21A of the Sex Discrimination Act 1975 (public authorities) in paragraph 14 in the Table of Exceptions in subsection (9), for “Charity Commissioners for England and Wales” substitute “Charity Commission”.
58 The Endowments and Glebe Measure 1976 has effect subject to the following amendments.
59 In section 11(2) (extinguishment of certain trusts) for “the Charity Commissioners” substitute “the Charity Commission or in accordance with such provisions of section 36(2) to (8) of the Charities Act 1993 as are applicable”.
60 In section 18(2) (means by which land may become diocesan) for “Charity Commissioners” substitute “Charity Commission”.
61 In Schedule 1 to the Interpretation Act 1978 (words and expressions defined) for the definition of “Charity Commissioners” substitute—
““Charity Commission” means the Charity Commission for England and Wales established by section 1A of the Charities Act 1993.”
62 The Dioceses Measure 1978 has effect subject to the following amendments.
63 In section 5(1) (preparation of draft scheme: meaning of “interested parties”), in paragraph (e), for “the Charity Commissioners” substitute “the Charity Commission”.
64 In section 19(4) (schemes with respect to discharge of functions of diocesan bodies corporate, etc.) for “Charity Commissioners” substitute “Charity Commission”.
65 In section 6 of the Disused Burial Grounds (Amendment) Act 1981 (saving for Charity Commission) for “Charity Commissioners” substitute “Charity Commission”.
66 In Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (street trading) for paragraph 1(2)(j) substitute—
“(j) conducting a public charitable collection that—
(i) is conducted in accordance with section 48 or 49 of the Charities Act 2006, or
(ii) is an exempt collection by virtue of section 50 of that Act.”
67 In section 41(1) of the Administration of Justice Act 1982 (transfer of funds in court to official custodian for charities and Church Commissioners) for “Charity Commissioners” substitute “Charity Commission”.
68 The Pastoral Measure 1983 has effect subject to the following amendments.
69 In section 55(1) (schemes under the Charities Act 1993 for redundant chapels belonging to charities) for “Charity Commissioners” substitute “Charity Commission”.
70 In section 63(4) (trusts for the repair etc. of redundant buildings and contents) for “the Charity Commissioners given under the hand of an Assistant Commissioner” substitute “the Charity Commission”.
71 In section 76(1) (grant of land for new churches etc. and vesting of certain churches) for “Charity Commissioners” substitute “Charity Commission”.
72 In Schedule 3, in paragraph 11(1), (2), (6) and (7), for “Charity Commissioners” substitute “Charity Commission”.
73 In section 3(9) of the Rates Act 1984 (expenditure levels) for “, or excepted from registration, under section 3 of the Charities Act 1993” substitute “in accordance with section 3A of the Charities Act 1993 or not required to be registered (by virtue of subsection (2) of that section)”.
74 The Companies Act 1985 has effect subject to the following amendments.
75 (1) Section 380 (registration of resolutions) is amended as follows.
(2) In subsection (4), at the beginning insert “Except as mentioned in subsection (4ZB),”.
(3) After subsection (4ZA) insert—
“(4ZB) Paragraphs (a) and (c) of subsection (4) do not apply to the resolutions of a charitable company mentioned in paragraphs (a) and (b) respectively of section 69G(6) of the Charities Act 1993.”
76 In Schedule 15D (permitted disclosures of information), in paragraph 21, for “Charity Commissioners to exercise their” substitute “Charity Commission to exercise its”.
77 (1) Section 6A of the Housing Act 1985 (definition of “Relevant Authority”) is amended as follows.
(2) In subsection (2) for “Charity Commissioners” substitute “Charity Commission”.
(3) In subsection (5)—
(a) for “under section 3” substitute “in accordance with section 3A”, and
(b) omit the words from “and is not” onwards.
78 In section 10(1) of the Housing Associations Act 1985 (dispositions excepted from section 9 of that Act) for “Charity Commissioners” (in both places) substitute “Charity Commission”.
79 In section 86(4) of the Agricultural Holdings Act 1986 (power of landlord to obtain charge on holding) for “Charity Commissioners” substitute “Charity Commission”.
80 (1) Section 5 of the Coal Industry Act 1987 (coal industry trusts) is amended as follows.
(2) In subsection (1)—
(a) for “Charity Commissioners” (in the first place) substitute “Charity Commission (“the Commission”)”,
(b) for “to them” substitute “to the Commission”,
(c) for “Charity Commissioners” (in the second place) substitute “Commission”, and
(d) for “they consider” substitute “the Commission considers”.
(3) In subsection (2) for “Charity Commissioners consider” (in both places) substitute “Commission considers”.
(4) In subsections (4) and (6) for “Charity Commissioners” substitute “Commission”.
(5) In subsection (7)—
(a) for “Charity Commissioners” substitute “Commission”,
(b) for “their powers” substitute “its powers”,
(c) for “they consider” substitute “it considers”, and
(d) for “the Charities Act 1960” substitute “the Charities Act 1993”.
(6) In subsection (8)—
(a) for “16(3), (9), (11) to (14)” substitute “16(3) and (9)”,
(b) for “and 20” substitute “, 20 and 20A”,
(c) for “Charity Commissioners” substitute “Commission”,
(d) for “their powers” substitute “its powers”, and
(e) for “91 and 92” substitute “and 91”.
(7) In subsection (8A)—
(a) for “Commissioners” (in both places) substitute “Commission”,
(b) for “they were proceeding” substitute “the Commission was proceeding”, and
(c) for “to them” substitute “to it”.
(8) After subsection (8A) insert—
“(8B) Schedule 1C to the Charities Act 1993 shall apply in relation to an order made under this section as it applies in relation to an order made under section 16(1) of that Act.”
(9) In subsection (9) for “Charity Commissioners” substitute “Commission”.
(10) In subsection (10)(b) for “Charity Commissioners” substitute “Commission”.
81 The Reverter of Sites Act 1987 has effect subject to the following amendments.
82 (1) Section 2 (Charity Commissioners' schemes) is amended as follows.
(2) In subsection (1) for “Charity Commissioners” substitute “Charity Commission”.
(3) For subsection (3) substitute—
“(3) The charitable purposes specified in an order made under this section on an application with respect to any trust shall be such as the Charity Commission consider appropriate, having regard to the matters set out in subsection (3A).
(3A) The matters are—
(a) the desirability of securing that the property is held for charitable purposes (“the new purposes”) which are close to the purposes, whether charitable or not, for which the trustees held the relevant land before the cesser of use in consequence of which the trust arose (“the former purposes); and
(b) the need for the new purposes to be capable of having a significant social or economic effect.
(3B) In determining the character of the former purposes, the Commission may, if they think it appropriate to do so, give greater weight to the persons or locality benefited by those purposes than to the nature of the benefit.”
(4) In subsection (5)—
(a) for “Charity Commissioners” substitute “Charity Commission”,
(b) in paragraph (c), for “Commissioners'” and “them” substitute “Commission's” and “it”, and
(c) in paragraph (d), for “Commissioners have” substitute “Commission has”.
(5) In subsection (7) for “Charity Commissioners” substitute “Charity Commission”.
(6) In subsection (8)—
(a) for “Commissioners'” substitute “Commission's”,
(b) for “they think” substitute “it thinks”, and
(c) for “Commissioners decide” substitute “Commission decides”.
Charities Act 2006