Office of Public Sector Information
SCHEDULE 8 continued
(7) In the sidenote, for “Charity Commissioners'” substitute “Charity Commission's”.
83 (1) Section 4 (provisions supplemental to sections 2 and 3) is amended as follows.
(2) In subsection (1)—
(a) for “Charity Commissioners think” substitute “Charity Commission thinks”;
(b) for “Commissioners'” substitute “Commission's”; and
(c) for “the Commissioners think” substitute “the Commission thinks”.
(3) For subsections (2) and (3) substitute—
“(2) Schedule 1C to the Charities Act 1993 shall apply in relation to an order made under section 2 above as it applies in relation to an order made under section 16(1) of that Act, except that the persons who may bring an appeal against an order made under section 2 above are—
(a) the Attorney General;
(b) the trustees of the trust established under the order;
(c) a beneficiary of, or the trustees of, the trust in respect of which the application for the order had been made;
(d) any person interested in the purposes for which the last-mentioned trustees or any of their predecessors held the relevant land before the cesser of use in consequence of which the trust arose under section 1 above;
(e) any two or more inhabitants of the locality where that land is situated;
(f) any other person who is or may be affected by the order.”
(4) In subsection (4)—
(a) for “Sections 89, 91 and 92” substitute “Sections 89 and 91”, and
(b) omit “and appeals” and (in both places) “, and to appeals against,”.
84 In section 5(3) (orders under section 554 of the Education Act 1996)—
(a) for “Charity Commissioners” (in both places) substitute “Charity Commission”;
(b) for “the Commissioners” substitute “the Commission”; and
(c) for “them” substitute “it”.
85 For section 125A of the Education Reform Act 1988 substitute—
A higher education corporation shall be a charity within the meaning of the Charities Act 1993 (and in accordance with Schedule 2 to that Act is an exempt charity for the purposes of that Act).”
86 In Schedule 11 to the Courts and Legal Services Act 1990 (judges etc. barred from legal practice) for the entry beginning “Charity Commissioner” substitute “Member of the Charity Commission appointed as provided in Schedule 1A to the Charities Act 1993”.
87 In section 4 of the London Local Authorities Act 1991 (interpretation of Part 2), in paragraph (d) of the definition of “establishment for special treatment”, for the words from “under section 3” to “that section” substitute “in accordance with section 3A of the Charities Act 1993 or is not required to be registered (by virtue of subsection (2) of that section)”.
88 For section 22A of the Further and Higher Education Act 1992 substitute—
A further education corporation shall be a charity within the meaning of the Charities Act 1993 (and in accordance with Schedule 2 to that Act is an exempt charity for the purposes of that Act).”
89 The 1992 Act has effect subject to the following amendments.
90 (1) Section 58 (interpretation of Part 2) is amended as follows.
(2) In subsection (1) after the definition of “institution” insert—
““the Minister” means the Minister for the Cabinet Office;”.
(3) In subsection (2)—
(a) in paragraph (c) for “to be treated as a promoter of such a collection by virtue of section 65(3)” substitute “a promoter of such a collection as defined in section 47(1) of the Charities Act 2006”, and
(b) for “Part III of this Act” substitute “Chapter 1 of Part 3 of the Charities Act 2006”.
(4) In subsection (4) for “whether or not the purposes are charitable within the meaning of any rule of law” substitute “as defined by section 2(1) of the Charities Act 2006”.
91 Omit Part 3 (public charitable collections).
92 In section 76(1) (service of documents) omit paragraph (c) and the “and” preceding it.
93 (1) Section 77 (regulations and orders) is amended as follows.
(2) In subsection (1)(b) for “subsection (2)” substitute “subsections (2) and (2A)”.
(3) After subsection (2) insert—
“(2A) Subsection (1)(b) does not apply to regulations under section 64A, and no such regulations may be made unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.”
(4) In subsection (4)—
(a) after “64” insert “or 64A”; and
(b) omit “or 73”.
94 In section 79 (short title, commencement and extent) omit—
(a) in subsection (6), the words “(subject to subsection (7))”, and
(b) subsection (7).
95 In Schedule 7 (repeals) omit the entry relating to the Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31).
96 The 1993 Act has effect subject to the following amendments.
97 In the heading for Part 1, for “Charity Commissioners” substitute “Charity Commission”.
98 (1) Section 2 (official custodian for charities) is amended as follows.
(2) For subsection (2) substitute—
“(2) Such individual as the Commission may from time to time designate shall be the official custodian.”
(3) In subsection (3), for “Commissioners” (in both places) substitute “Commission”.
(4) In subsection (4)—
(a) for “officer of the Commissioners” substitute “member of the staff of the Commission”, and
(b) for “by them” substitute “by it”.
(5) In subsection (7) omit the words from “, and the report” onwards.
(6) After subsection (7) add—
“(8) The Comptroller and Auditor General shall send to the Commission a copy of the accounts as certified by him together with his report on them.
(9) The Commission shall publish and lay before Parliament a copy of the documents sent to it under subsection (8) above.”
99 (1) Section 4 (claims and objections to registration) is amended as follows.
(2) In subsection (2)—
(a) for “the Commissioners” substitute “the Commission”, and
(b) for “to them” substitute “to the Commission”.
(3) Omit subsection (3).
(4) In subsection (4)—
(a) for “High Court” substitute “Tribunal”,
(b) for “the Commissioners” (in the first and third places) substitute “the Commission”, and
(c) for “the Commissioners are” substitute “the Commission is”.
(5) In subsection (5)—
(a) for “subsection (3) above” substitute “Schedule 1C to this Act”,
(b) for “the Commissioners” (in both places) substitute “the Commission”, and
(c) omit “, whether given on such an appeal or not”.
100 (1) Section 6 (power to require charity’s name to be changed) is amended as follows.
(2) For “Commissioners” (in each place including the sidenote) substitute “Commission”.
(3) In subsection (5) for “section 3(7)(b) above” substitute “section 3B(3)”.
101 For the heading for Part 3 substitute “Information Powers”.
102 (1) Section 8 (power to institute inquiries) is amended as follows.
(2) In subsection (1) for “The Commissioners” substitute “The Commission”.
(3) In subsection (2)—
(a) for “The Commissioners” substitute “The Commission”,
(b) for “themselves” substitute “itself”, and
(c) for “to them” substitute “to the Commission”.
(4) In subsection (3) for “the Commissioners, or a person appointed by them” substitute “the Commission, or a person appointed by the Commission”.
(5) In subsection (5) for “The Commissioners” substitute “The Commission”.
(6) In subsection (6)—
(a) for “the Commissioners” substitute “the Commission”,
(b) for “they think” substitute “the Commission thinks”,
(c) for “their opinion” substitute “the Commission’s opinion”, and
(d) for “to them” substitute “to the Commission”.
(7) In subsection (7) for “the Commissioners” substitute “the Commission”.
103 (1) Section 9 (power to call for documents and search records) is amended as follows.
(2) In subsection (1)—
(a) for “The Commissioners” substitute “The Commission”,
(b) for “furnish them” (in both places) substitute “furnish the Commission”,
(c) for “their functions” (in both places) substitute “the Commission’s functions”, and
(d) for “them for their” substitute “the Commission for its”.
(3) In subsection (2)—
(a) for “officer of the Commissioners, if so authorised by them” substitute “member of the staff of the Commission, if so authorised by it”, and
(b) for “the Commissioners” (in the second place) substitute “the Commission”.
(4) In subsection (3)—
(a) for “The Commissioners” substitute “The Commission”,
(b) for “to them” (in the first place) substitute “to it”,
(c) for “to them” (in the second place) substitute “to the Commission”,
(d) for “their inspection” substitute “it to inspect”, and
(e) for “the Commissioners” substitute “the Commission”.
(5) After subsection (5) add—
“(6) In subsection (2) the reference to a member of the staff of the Commission includes the official custodian even if he is not a member of the staff of the Commission.”
104 For section 10 substitute—
(1) Any relevant public authority may disclose information to the Commission if the disclosure is made for the purpose of enabling or assisting the Commission to discharge any of its functions.
(2) But Revenue and Customs information may be disclosed under subsection (1) only if it relates to an institution, undertaking or body falling within one (or more) of the following paragraphs—
(a) a charity;
(b) an institution which is established for charitable, benevolent or philanthropic purposes;
(c) an institution by or in respect of which a claim for exemption has at any time been made under section 505(1) of the Income and Corporation Taxes Act 1988;
(d) a subsidiary undertaking of a charity;
(e) a body entered in the Scottish Charity Register which is managed or controlled wholly or mainly in or from England or Wales.
(3) In subsection (2)(d) above “subsidiary undertaking of a charity” means an undertaking (as defined by section 259(1) of the Companies Act 1985) in relation to which—
(a) a charity is (or is to be treated as) a parent undertaking in accordance with the provisions of section 258 of, and Schedule 10A to, the Companies Act 1985, or
(b) two or more charities would, if they were a single charity, be (or be treated as) a parent undertaking in accordance with those provisions.
(4) For the purposes of the references to a parent undertaking—
(a) in subsection (3) above, and
(b) in section 258 of, and Schedule 10A to, the Companies Act 1985 as they apply for the purposes of that subsection,
“undertaking” includes a charity which is not an undertaking as defined by section 259(1) of that Act.
(1) Subject to subsections (2) and (3) below, the Commission may disclose to any relevant public authority any information received by the Commission in connection with any of the Commission’s functions—
(a) if the disclosure is made for the purpose of enabling or assisting the relevant public authority to discharge any of its functions, or
(b) if the information so disclosed is otherwise relevant to the discharge of any of the functions of the relevant public authority.
(2) In the case of information disclosed to the Commission under section 10(1) above, the Commission’s power to disclose the information under subsection (1) above is exercisable subject to any express restriction subject to which the information was disclosed to the Commission.
(3) Subsection (2) above does not apply in relation to Revenue and Customs information disclosed to the Commission under section 10(1) above; but any such information may not be further disclosed (whether under subsection (1) above or otherwise) except with the consent of the Commissioners for Her Majesty’s Revenue and Customs.
(4) Any responsible person who discloses information in contravention of subsection (3) above is guilty of an offence and liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.
(5) It is a defence for a responsible person charged with an offence under subsection (4) above of disclosing information to prove that he reasonably believed—
(a) that the disclosure was lawful, or
(b) that the information had already and lawfully been made available to the public.
(6) In the application of this section to Scotland or Northern Ireland, the reference to 12 months in subsection (4) is to be read as a reference to 6 months.
(7) In this section “responsible person” means a person who is or was—
(a) a member of the Commission,
(b) a member of the staff of the Commission,
(c) a person acting on behalf of the Commission or a member of the staff of the Commission, or
(d) a member of a committee established by the Commission.
(1) Sections 10 and 10A above apply with the modifications in subsections (2) to (4) below in relation to the disclosure of information to or by the principal regulator of an exempt charity.
(2) References in those sections to the Commission or to any of its functions are to be read as references to the principal regulator of an exempt charity or to any of the functions of that body or person as principal regulator in relation to the charity.
(3) Section 10 above has effect as if for subsections (2) and (3) there were substituted—
“(2) But Revenue and Customs information may be disclosed under subsection (1) only if it relates to—
(a) the exempt charity in relation to which the principal regulator has functions as such, or
(b) a subsidiary undertaking of the exempt charity.
(3) In subsection (2)(b) above “subsidiary undertaking of the exempt charity” means an undertaking (as defined by section 259(1) of the Companies Act 1985) in relation to which—
(a) the exempt charity is (or is to be treated as) a parent undertaking in accordance with the provisions of section 258 of, and Schedule 10A to, the Companies Act 1985, or
(b) the exempt charity and one or more other charities would, if they were a single charity, be (or be treated as) a parent undertaking in accordance with those provisions.”
(4) Section 10A above has effect as if for the definition of “responsible person” in subsection (7) there were substituted a definition specified by regulations under section 13(4)(b) of the Charities Act 2006 (regulations prescribing principal regulators).
(5) Regulations under section 13(4)(b) of that Act may also make such amendments or other modifications of any enactment as the Secretary of State considers appropriate for securing that any disclosure provisions that would otherwise apply in relation to the principal regulator of an exempt charity do not apply in relation to that body or person in its or his capacity as principal regulator.
(6) In subsection (5) above “disclosure provisions” means provisions having effect for authorising, or otherwise in connection with, the disclosure of information by or to the principal regulator concerned.
(1) In sections 10 and 10A above “relevant public authority” means—
(a) any government department (including a Northern Ireland department),
(b) any local authority,
(c) any constable, and
(d) any other body or person discharging functions of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).
(2) In section 10A above “relevant public authority” also includes any body or person within subsection (1)(d) above in a country or territory outside the United Kingdom.
(3) In sections 10 to 10B above and this section—
“enactment” has the same meaning as in the Charities Act 2006;
“Revenue and Customs information” means information held as mentioned in section 18(1) of the Commissioners for Revenue and Customs Act 2005.
(4) Nothing in sections 10 and 10A above (or in those sections as applied by section 10B(1) to (4) above) authorises the making of a disclosure which—
(a) contravenes the Data Protection Act 1998, or
(b) is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000.”
105 (1) Section 11 (supply of false or misleading information) is amended as follows.
(2) For “Commissioners” (in each place including the sidenote) substitute “Commission”.
(3) In subsection (1)(b) for “their functions” substitute “its functions”.
106 In the heading for Part 4 for “and Commissioners” substitute “and Commission”.
107 (1) Section 14 (application cy-près of gifts of donors unknown or disclaiming) is amended as follows.
(2) In subsection (6) for “the Commissioners so direct” substitute “the Commission so directs”.
(3) In subsection (8) for “the Commissioners” substitute “the Commission”.
(4) In subsection (9)—
(a) for “the Commissioners” (in both places) substitute “the Commission”, and
(b) for “they think fit” substitute “it thinks fit”.
108 In the heading preceding section 16 for “Powers of Commissioners” substitute “Powers of Commission”.
109 (1) Section 16 (concurrent jurisdiction of Commissioners with High Court) is amended as follows.
(2) In subsection (1) for “the Commissioners” substitute “the Commission”.
(3) In subsection (2)—
(a) for “the Commissioners for them” substitute “the Commission for it”, and
(b) for “the Commissioners” (in the second place) substitute “the Commission”.
(4) In subsection (3) for “The Commissioners” substitute “The Commission”.
(5) In subsection (4) for “the Commissioners shall not exercise their” substitute “the Commission shall not exercise its”.
(6) In subsection (5)—
(a) for “income from all sources does not in aggregate” substitute “gross income does not”, and
(b) for “the Commissioners may exercise their” substitute “the Commission may exercise its”.
(7) In subsection (6)—
(a) for “the Commissioners are” substitute “the Commission is”,
(b) for “the Commissioners have” substitute “the Commission has”,
(c) for “the Commissioners” (in the third and fourth places) substitute “the Commission”, and
(d) for “they act” substitute “it acts”.
(8) In subsection (7)—
(a) for “the Commissioners” (in the first and third places) substitute “the Commission”, and
(b) for “the Commissioners consider” substitute “the Commission considers”.
(9) In subsection (8)—
(a) for “The Commissioners” substitute “The Commission”, and
(b) for “their jurisdiction” substitute “its jurisdiction”.
(10) In subsection (9) for “the Commissioners shall give notice of their” substitute “the Commission shall give notice of its”.
(11) In subsection (10)—
(a) for “The Commissioners shall not exercise their” substitute “The Commission shall not exercise its”, and
(b) for “the Commissioners” (in the second place) substitute “the Commission”.
(12) Omit subsections (11) to (14).
(13) In subsection (15)(b) for “the Commissioners may exercise their” substitute “the Commission may exercise its”.
110 (1) Section 17 (further power to make schemes or alter application of charitable property) is amended as follows.
(2) In subsection (1)—
(a) for “the Commissioners” (in both places) substitute “the Commission”, and
(b) for “by them” substitute “by the Commission”.
(3) In subsection (2) for “the Commissioners” substitute “the Commission”.
(4) In subsection (4) for “the Commissioners” (in both places) substitute “the Commission”.
(5) In subsection (6)—
(a) for “Commissioners” (in both places) substitute “Commission”,
(b) for “if they were” substitute “if the Commission was”,
(c) for “they act” substitute “it acts”, and
(d) for “to them” substitute “to it”.
(6) In subsection (7) for “the Commissioners” substitute “the Commission”.
(7) In subsection (8)—
(a) for “the Commissioners are” substitute “the Commission is”, and
(b) for “the Commissioners” (in the second place) substitute “the Commission”.
111 (1) Section 18 (power to act for protection of charities) is amended as follows.
(2) In subsection (1)—
(a) for “after they have” substitute “after it has”,
(b) for “the Commissioners are” substitute “the Commission is”,
(c) for “the Commissioners may of their” substitute “the Commission may of its”,
(d) for “as they consider” substitute “as it considers”,
(e) for “the Commissioners” (in the third, fourth and fifth places) substitute “the Commission”, and
(f) for “a receiver” substitute “an interim manager, who shall act as receiver”.
(3) In subsection (2)—
(a) for “they have” substitute “it has”,
(b) for “the Commissioners are” substitute “the Commission is”, and
(c) for “the Commissioners may of their” substitute “the Commission may of its”.
(4) In subsection (4)—
(a) for “The Commissioners” substitute “The Commission”, and
(b) for “their own motion” substitute “its own motion”.
(5) In subsection (5)—
(a) for “The Commissioners may by order made of their” substitute “The Commission may by order made of its”,
(b) for “removed by them” substitute “removed by the Commission”, and
(c) for “the Commissioners are of” (in both places) substitute “the Commission is of”.
(6) In subsection (6)—
(a) for “the Commissioners” (in both places) substitute “the Commission”,
(b) for “their own motion” substitute “its own motion”, and
(c) for “by them” substitute “by it”.
(7) Omit subsections (8) to (10).
(8) In subsection (11) for “the Commissioners” substitute “the Commission”.
(9) In subsection (12)—
(a) for “the Commissioners” substitute “the Commission”, and
(b) for “their intention” substitute “its intention”.
(10) In subsection (13)—
(a) for “The Commissioners” substitute “The Commission”,
(b) for “they think fit” substitute “it thinks fit”,
(c) for “by them” substitute “by it”,
(d) for “to them” substitute “to the Commission”, and
(e) for “they shall” substitute “the Commission shall”.
Charities Act 2006