Charities Act 2006

Schedule 9: savings on repeal of provisions of Charities Act 1960E+W

21(1)This paragraph applies where, immediately before the coming into force of the repeal by this Act of section 35(6) of the Charities Act 1960 (c. 58) (transfer and evidence of title to property vested in trustees), any relevant provision had effect, in accordance with that provision, as if contained in a conveyance or other document declaring the trusts on which land was held at the commencement of that Act.E+W

(2)In such a case the relevant provision continues to have effect as if so contained despite the repeal of section 35(6) of that Act.

(3)A “relevant provision” means a provision of any of the following Acts providing for the appointment of trustees—

(a)the Trustee Appointment Act 1850 (c. 28),

(b)the Trustee Appointment Act 1869 (c. 26),

(c)the Trustees Appointment Act 1890 (c. 19), or

(d)the School Sites Act 1852 (c. 49) so far as applying any of the above Acts,

as in force at the commencement of the Charities Act 1960.

22The repeal by this Act of section 39(2) of the Charities Act 1960 (repeal of obsolete enactments) does not affect the continued operation of any trusts which, at the commencement of that Act, were wholly or partly comprised in an enactment specified in Schedule 5 to that Act (enactments repealed as obsolete).E+W

23The repeal by this Act of section 48(1) of, and Schedule 6 to, the Charities Act 1960 (consequential amendments etc.) does not affect the amendments made by Schedule 6 in—E+W

(a)section 9 of the Places of Worship Registration Act 1855 (c. 81),

(b)section 4(1) of the Open Spaces Act 1906 (c. 25),

(c)section 24(4) of the Landlord and Tenant Act 1927 (c. 36), or

(d)section 14(1) or 31 of the New Parishes Measure 1943.

24Despite the repeal by this Act of section 48(3) of the Charities Act 1960, section 30(3) to (5) of the 1993 Act continue to apply to documents enrolled by or deposited with the Charity Commissioners under the Charitable Trusts Acts 1853 to 1939.E+W

25Despite the repeal by this Act of section 48(4) of the Charities Act 1960—E+W

(a)any scheme, order, certificate or other document issued under or for the purposes of the Charitable Trusts Acts 1853 to 1939 and having effect in accordance with section 48(4) immediately before the commencement of that repeal continues to have the same effect (and to be enforceable or liable to be discharged in the same way) as would have been the case if that repeal had not come into force, and

(b)any such document, and any document under the seal of the official trustees of charitable funds, may be proved as if the 1960 Act had not been passed.

26(1)Despite the repeal by this Act of section 48(6) of the Charities Act 1960 (c. 58), the official custodian for charities is to continue to be treated as the successor for all purposes both of the official trustee of charity lands and of the official trustees of charitable funds as if—E+W

(a)the functions of the official trustee or trustees had been functions of the official custodian, and

(b)as if the official trustee or trustees had been, and had discharged his or their functions as, holder of the office of the official custodian.

(2)Despite the repeal of section 48(6) (and without affecting the generality of sub-paragraph (1))—

(a)any property which immediately before the commencement of that repeal was, by virtue of section 48(6), held by the official custodian as if vested in him under section 21 of the 1993 Act continues to be so held, and

(b)any enactment or document referring to the official trustee or trustees mentioned above continues to have effect, so far as the context permits, as if the official custodian had been mentioned instead.

27The repeal by this Act of the Charities Act 1960 does not affect any transitional provision or saving contained in that Act which is capable of having continuing effect but whose effect is not preserved by any other provision of this Schedule.E+W