SCHEDULE 1Transitional and Supplementary Provisions as to Charities etc.
1(1)In section 43 of the [1960 c. 58.] Charities Act 1960, in its application to regulations made on or after the appointed day, there shall be substituted for subsection (1)—
“(1)Save as otherwise provided by this Act, any power to make regulations which is conferred by this Act shall be exercisable by the Secretary of State”;
and in subsection (3) for the words (as originally enacted) "the Secretary of State or the Minister of Education " there shall be substituted the words " or the Secretary of State " .
(2)Section 206(3) of the [1972 c. 70.] Local Government Act 1972 (which makes special provision for certain charitable property to vest in local education authorities, if it is held for purposes of a charity registered in a part of the charities register maintained by the Secretary of State by virtue of section 2 of the Charities Act 1960) shall have effect, unless the appointed day is later than the end of March 1974, as if the reference to a charity registered in a part of the register which is maintained by the Secretary of State were a reference to a charity so registered immediately before the appointed day.
(3)Any register, books and documents which on the appointed day are in the possession or custody of the Secretary of State for Education and Science, or of the Secretary of State for Wales, and which in his opinion he requires no longer by reason of the repeal of section 2(1) of the Charities Act I960, shall be transferred to the Charity Commissioners.
(4)The repeal by this Act of section 2(1) of the Charities Act 1960 shall not affect the operation of section 2(1)—
(a)in conferring on the Charity Commissioners functions belonging at the passing of mat Act to the Minister of Education; or
(b)in extending to the Charity Commissioners references to the Secretory of State for Education and Science or the Secretary of State for Wales (or references having effect as if either of them were mentioned) so as to enable the Commissioners to discharge any such functions as aforesaid or to act under or for the purposes of the trusts of a charity;
but on the appointed day any functions so conferred and any reference so extended shall, subject to sub-paragraph (5) below, cease to be functions of or to extend to either Secretary of State.
(5)Where it appears to the Secretary of State for Education and Science or the Secretary of State for Wales that any reference which, in accordance with sub-paragraph (4) above would on the appointed day cease to extend to him, is not related (or not wholly related) to the functions ceasing to belong to him by the repeal of section 2(1) of the [1960 c. 58.] Charities Act 1960, he may by order made at any time, whether before the appointed day or not, exclude the operation of that sub-paragraph in relation to the reference and make such modifications of the relevant instrument as appear to him appropriate in the circumstances.
(6)The repeal of section 2(1) of the Charities Act 1960 shall not affect the validity of anything done (or having effect as if done) before the appointed day by or in relation to (the Secretary of State for Education and Science or the Secretary of State for Wales, and anything so done (or having effect as if so done) in so far as it could by virtue of section 2(1) have been done by or in relation to the Charity Commissioners shall thereafter have effect as if done by or in relation to them.
(7)In this paragraph " appointed day " means the day appointed under section 1(5) of this Act.
2(1)Where before the passing of this Act a scheme under the Endowed Schools Acts 1869 to 1948 has been published as required by section 13 of the [1873 c. 86.] Endowed Schools Act 1873, the scheme may be proceeded with as if section 1 of this Act had not been passed.
(2)Where before the passing of this Act a draft scheme under the Endowed Schools Acts 1869 to 1948 has been prepared in a case in which effect might be given to the scheme by order under section 2 of this Act, and the draft scheme has been published as required by section 33 of the [1869 c. 56.] Endowed Schools Act 1869, the scheme may be proceeded with in pursuance of section 2 of this Act as if section 2(2)(a) and (b) had been complied with on the date this Act is passed.
3The repeals made by this Act in sections 17 and 100 of the [1944 c. 31.] Education Act 1944 shall not affect any order made by virtue of the provisions repealed, or the operation in relation to any such order of section 111 of that Act (which relates to the revocation and variation of orders).