Charities Act 2011

Section 68

SCHEDULE 5 Court’s jurisdiction over certain charities governed by or under statute

1 The court may by virtue of section 68(5) and (6) exercise its jurisdiction with respect to charities in relation to—

(a) charities established or regulated by any provision of the Seamen’s Fund Winding-up Act 1851 repealed by the Charities Act 1960;

(b) charities established or regulated by schemes under the Endowed Schools Act 1869 to 1948, or section 75 of the Elementary Education Act 1870 or by schemes given effect under section 2 of the Education Act 1973 or section 554 of the Education Act 1996;

(c) fuel allotments, that is, 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 are to be used for the purpose of providing poor persons with fuel;

(d) charities established or regulated by any provision of the Municipal Corporations Act 1883 repealed by the Charities Act 1960 or by any scheme having effect under any such provision;

(e) charities regulated by schemes under the London Government Act 1899;

(f) charities established or regulated by orders or regulations under section 2 of the Regimental Charitable Funds Act 1935;

(g) charities regulated by sections 298 to 302 or by any such order as is mentioned in section 303.

2 Regardless of anything in section 19 of the Commons Act 1876 a scheme for the administration of a fuel allotment (within the meaning of paragraph 1(c)) may provide—

(a) for the sale or letting of the allotment or any part of it, for the discharge of the land sold or let from any restrictions as to the use of it 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,

(b) for the exchange of the allotment or any part of it for other land, for the discharge from any such restrictions of the land given in exchange by the trustees of the allotment, and for the application of any money payable to those trustees for equality of exchange, or

(c) for the use of the allotment or any part of it for any purposes specified in the scheme.