The Charities (Pre-consolidation Amendments) Order 2011

31.  In the Table in Schedule 1C to the 1993 Act(1)—

(a) in the first entry relating to section 56(4) of the 1993 Act, in column 1, omit “of a charity”;

(b) in the entry relating to section 61(1) or (2) of that Act—

(i) in column 1 omit “a charity which is”; and

(ii) in column 2 omit “(b) the charity itself”;

(c) in each of the entries relating to section 50(1), 56(4) and 61(1) or (2) of that Act, in column 2, after “trustees of the charity” insert “(within the meaning of section 62 of this Act)”;

(d) for the entry relating to section 69(4) of that Act substitute—

“1	2	3
Order made by the Commission under section 69(4) of this Act(2) in relation to a charity which is a company, or a decision of the Commission not to make such an order in relation to such a charity.	The persons are— (a) the charity trustees of the charity, (b) the charity itself, (c) in the case of a decision not to make an order, the auditor, and (d) any other person who is or may be affected by the order or the decision.	Power to— (a) quash the order or decision and (if appropriate) remit the matter to the Commission; (b) substitute for the order any other order of a kind the Commission could have made; (c) make any order which the Commission could have made.”

(e) in—

(i) the second entry relating to section 69E of that Act, in column 1,

(ii) the entry relating to section 69H of that Act, in column 1, and

(iii) the second entry relating to section 69K of that Act(3), in column 1,

for “not to grant” substitute “to refuse”;

(f) in the second entry relating to section 69M(1) of that Act, in column 1, for “not to confirm” substitute “to refuse to confirm”;

(g) after the entry relating to section 96(5) or (6) of that Act(4) insert—

“1	2	3
Order made by the Commission under paragraph 6(5), or by virtue of paragraph 7(2), of Schedule 5A to this Act requiring the group accounts of a parent charity to be audited.	The persons are— (a) the charity trustees of the parent charity, (b) (if a body corporate) the parent charity itself, and (c) any other person who may be affected by the order.	Power to— (a) quash the order; (b) substitute for the order any other order which could have been made by the Commission; (c) add to the order anything which would have been contained in an order made by the Commission.
Order made by the Commission by virtue of paragraph 8(4) of Schedule 5A to this Act in relation to a member of a group, or a decision of the Commission not to make such an order in relation to a member of a group.	The persons are— (a) the charity trustees of the member of the group, (b) (if a body corporate) the member of the group itself, (c) in the case of a decision not to make an order, the auditor, independent examiner or examiner, and (d) any other person who is or may be affected by the order or the decision.	Power to— (a) quash the order or decision and (if appropriate) remit the matter to the Commission; (b) substitute for the order any other order of a kind the Commission could have made; (c) make any order which the Commission could have made.”

(1)

Schedule 1C was inserted by the Charities Act 2006, Schedule 4 (Schedule 4 is not yet fully in force). Schedule 1C was amended by S.I. 2009/1834, Schedule 1, paragraph 14, by S.I. 2009/1941, Schedule 1, paragraph 139 and by S.I. 2009/3348, article 4(3).

(2)

Section 69(4) was amended by the Charities Act 2006, Schedule 8, paragraphs 96 and 154.

(3)

Sections 69E, 69H and 69K were inserted by the Charities Act 2006, Schedule 7, paragraph 1.

(4)

Section 96(6) was inserted by the Charities (Amendment) Act 1995, section 1. Sub-sections 96(5) and (6) were amended by the Charities Act 2006, Schedule 8, paragraphs 96 and 173.