Charities Act 1960

Section 48.

SIXTH SCHEDULE Consequential Amendments

Enactment amended, and subject matter	Amendment
The Places of Worship Registration Act, 1855—
Section nine (exemption from Charitable Trusts Acts).	For the words from " wholly freed" onwards there shall be substituted the words " excepted under subsection (4) of section four of the Charities Act, 1960, from registration under that section; and where a building recorded and used as aforesaid is so excepted, there shall be excepted with it— (a) any forecourt, yard, garden, burial ground, vestry, or caretaker's house, in respect of situation connected with, and held upon the same trusts as, the building so recorded; and (b) any Sunday-school house or other land or building which is certified by an order of the Charity Commissioners, made upon the application of one or more of the charity trustees, to be held upon the same trusts as the building so recorded or upon the like trusts, and to be in respect of situation so connected with or held or used in connection with that building that it cannot conveniently be separated from that building.
	In this section ' building ' includes part of a building."
The Charitable Trustees Incorporation Act, 1872—
Section two (estate to vest in body corporate).	For the words " except as hereinafter provided " there shall be substituted the words " except that the foregoing provisions shall not apply to property vested in the official custodian for charities ".
The Schedule (applications for incorporation).	The words " and ' registered ' " shall be omitted.
The National Debt (Conversion) Act, 1888—
Subsection (2) of section twenty-eight (orders of Commissioners as to questions arising out of conversion or exchange).	For the words " subject to the provisions of the Charitable Trusts Acts, 1853 to 1887," there shall be substituted the words " not being an exempt charity within the meaning of the Charities 1 Act, 1960 ".
The Public Libraries Act, 1892—
Subsection (2) of section sixteen (agreements for use of charity library as public library).	For the words " funds subject to the jurisdiction of the Charity Commissioners " there shall be substituted the words " funds of a charity other than an exempt charity within the meaning of the Charities Act, 1960 ".
The Copyhold Act, 1894—
Sections seventy-six and seventy-seven (enfranchisement money payable to charities or corporations).	Section seventy-six, and in section seventy-seven the words " within the meaning of the Charitable Trusts Act, 1853, and the Charitable Trusts Amendment Act, 1855," shall be omitted; and these amendments shall apply to the said sections seventy-six and seventy-seven as applied by subsection (4) of section one hundred and thirty-eight or subsection (2) of section one hundred and thirty-nine of the Law of Property Act, 1922.
The Open Spaces Act, 1906—
Subsection (1) of section four (transfer by charity trustees of open space to local authority).	For the words " and where the open space is subject to the Charitable Trusts Acts, 1853 to 1894, with such authority or approval as is required by those Acts for a sale of the open space and in other cases in pursuance of an order of the court " there shall be substituted the words " and with the sanction of an order of the Charity Commissioners or with that of an order of the court "
The Land Registration Act, 1925—
Section ninety-eight (land subject to charitable trusts).	For the words " official trustee of charity lands " there shall be substituted the words " official custodian for charities ".
The Landlord and Tenant Act, 1927—
Section twenty-four (application to charity lands).	In subsection (4), for the words " official trustee of charity lands " there shall be substituted the words " official custodian for charities " and for the words " official trustee " there shall be substituted the word " custodian ".
The Administration of Justice Act, 1928—
Subsection (1) of section fifteen (transfer of funds in court to official trustees of charitable funds).	The words " subject to the jurisdiction of the Charity Commissioners or of the Board of Education" shall be omitted, and for the words " official trustees of charitable funds " there shall in both places be substituted the words " official custodian for charities ".
The Local Government Act, 1933—
Section one hundred and sixty-nine (power of parish council to let land).	For the words from " with such consent or approval" to " charity estates " there shall be substituted the words " with the sanction of an order of the Charity Commissioners ", and in the proviso for the words " no consent or approval " there shall be substituted in the first place the words " no order or consent " and in the second place the words " no order ".
Section one hundred and seventy (power of parish council to sell or exchange land).	In subsection (1), for the words " without such consent or approval as is required under the Charitable Trusts Acts, 1853 to 1925, as amended by the Board of Education Act, 1899 " there shall be substituted the words " without the sanction of an order of the Charity Commissioners "; and in subsection (2), for the words " the Charitable Trusts Acts, 1853 to 1925, as amended by the Board of Education Act, 1899 " there shall be substituted the words " the Charities Act, 1960 ".
The War Charities Act, 1940—
Section five (powers of Charity Commissioners).	In subsection (2), for paragraphs (ii) and (iii) there shall be substituted— “(ii) order any money or securities held on behalf of the charity to be paid or transferred to the official custodian for charities as in a case falling within subsection (1) of section twenty of the Charities Act, 1960; (iii) establish a scheme for the regulation of the charity as in a case falling within section eighteen of that Act, but without the necessity of any application or reference being made to them for the purpose”; and in subsection (5) for the words from " under the Charitable Trusts Acts, 1853 to 1939 " onwards there shall be substituted the words " in relation to charities under the Charities Act, 1960, and that Act shall apply accordingly ".
The Income Tax Act, 1952—
The Eighth Schedule (machinery for collection etc. of tax under Schedule C).	For paragraph 8 of Part I there shall be substituted— “8 No deduction of tax under this Part of this Schedule shall be made from any dividends payable in respect of stock, securities or annuities standing in the name of the official custodian for charities, nor from any dividends in respect of which there is given to the Bank of England a certificate from the Charity Commissioners that the dividends are subject only to charitable trusts and are exempt from tax.”
The Housing Repairs and Rents Act, 1954—
Section thirty-three (exclusion from Rent Acts of certain lettings).	In subsection (1), in paragraph (d), for the words from " subject " onwards there shall be substituted the words " a charity within the meaning of the Charities Act, 1960 ".
The Administration of Justice Act, 1956—
Subsection (1) of section fifty-two (transfer of funds in court to official trustees of charitable funds).	The words " subject to the jurisdiction of the Charity Commissioners or of the Minister of Education " shall be omitted, and for the words " official trustees of charitable funds " there shall be substituted the words " official custodian for charities ".
The Cathedrals Measure, 1931—
Section twenty-six (exclusion of charities, except as determined by Charity Commissioners).	For the words from " any charity " to " 1889 " there shall be substituted the words " any charity within the meaning of the Charities Act, 1960, or endowment of such a charity ".
The New Parishes Measure, 1943—
Section fourteen (power of corporations etc. to give or grant land for sites of churches etc.).	At the end of paragraph (b) of subsection (1) there shall be added the words " but (except in the case of an exempt charity within the meaning of the Charities Act, 1960) only with the sanction of an order of the Charity Commissioners ".
Section thirty-one (saving for charities).	For the words from " to deal with any endowment" onwards there shall be substituted the words " to deal with any endowment belonging to a charity within the meaning of the Charities Act, 1960, except with the consent of the Charity Commissioners or Minister of Education ".
The Re-organisation Areas Measure, 1944—
Section forty-eight (saving for charities).	For the words from " to deal with any endowment" onwards there shall be substituted the words " to deal with any endowment belonging to a charity within the meaning of the Charities Act, 1960, except with the consent of the Charity Commissioners or Minister of Education ".