Charities Act 2006

This section has no associated Explanatory Notes

82(1)Section 2 (Charity Commissioners' schemes) is amended as follows.E+W

(2)In subsection (1) for “Charity Commissioners” substitute “ Charity Commission ”.

(3)For subsection (3) substitute—

(3)The charitable purposes specified in an order made under this section on an application with respect to any trust shall be such as the Charity Commission consider appropriate, having regard to the matters set out in subsection (3A).

(3A)The matters are—

(a)the desirability of securing that the property is held for charitable purposes (“the new purposes”) which are close to the purposes, whether charitable or not, for which the trustees held the relevant land before the cesser of use in consequence of which the trust arose (“the former purposes); and

(b)the need for the new purposes to be capable of having a significant social or economic effect.

(3B)In determining the character of the former purposes, the Commission may, if they think it appropriate to do so, give greater weight to the persons or locality benefited by those purposes than to the nature of the benefit.

(4)In subsection (5)—

(a)for “Charity Commissioners” substitute “ Charity Commission ”,

(b)in paragraph (c), for “Commissioners'” and “them” substitute “ Commission's ” and “ it ”, and

(c)in paragraph (d), for “Commissioners have” substitute “ Commission has ”.

(5)In subsection (7) for “Charity Commissioners” substitute “ Charity Commission ”.

(6)In subsection (8)—

(a)for “Commissioners'” substitute “ Commission's ”,

(b)for “they think” substitute “ it thinks ”, and

(c)for “Commissioners decide” substitute “ Commission decides ”.

(7)In the sidenote, for “Charity Commissioners'” substitute “ Charity Commission's ”.

Commencement Information

I1Sch. 8 para. 82(1)(2)(4)-(7) in force at 27.2.2007 by S.I. 2007/309, art. 2, Sch.

I2Sch. 8 para. 82(3) in force at 18.3.2008 by S.I. 2008/751, art. 2, Sch. (with art. 12)