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Charities Act 2011

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 Meaning of “charity” and “charitable purpose”

    1. CHAPTER 1 General

      1. Charity

        1. 1.Meaning of “charity”

      2. Charitable purpose

        1. 2.Meaning of “charitable purpose”

        2. 3.Descriptions of purposes

        3. 4.The public benefit requirement

      3. Recreational trusts and registered sports clubs

        1. 5.Recreational and similar trusts, etc.

        2. 6.Registered sports clubs

      4. Supplementary

        1. 7.Application of this Chapter in relation to Scotland

        2. 8.Application of this Chapter in relation to Northern Ireland

        3. 9.Interpretation

    2. CHAPTER 2 Special provision for this Act

      1. 10.Ecclesiastical corporations etc. not charities in certain contexts

      2. 11.Charitable purposes

      3. 12.Directions as to what is (or is not) a separate charity

  3. Part 2 The Charity Commission and the Official Custodian for Charities

    1. The Commission

      1. 13.The Charity Commission

      2. 14.The Commission’s objectives

      3. 15.The Commission’s general functions

      4. 16.The Commission’s general duties

      5. 17.Guidance as to operation of public benefit requirement

      6. 18.Supply by Commission of copies of documents

      7. 19.Fees and other amounts payable to Commission

      8. 20.Incidental powers

    2. The official custodian

      1. 21.The official custodian for charities

  4. Part 3 Exempt charities and the principal regulator

    1. Exempt charities

      1. 22.Meaning of “exempt charity” and Sch.3

      2. 23.Power to amend Sch.3 so as to add or remove exempt charities

      3. 24.Power to remove defunct institutions from Sch.3

    2. The principal regulator

      1. 25.Meaning of “the principal regulator”

      2. 26.General duty of principal regulator in relation to exempt charity

      3. 27.Power to make amendments in connection with s.26

      4. 28.Commission to consult principal regulator

  5. Part 4 Registration and names of charities

    1. The register

      1. 29.The register

    2. Charities required to be registered

      1. 30.Charities required to be registered: general

      2. 31.Restrictions on extending the range of excepted charities etc.

      3. 32.Power to alter sums specified in s.30(2)

      4. 33.Power to repeal provisions relating to excepted charities

    3. Removal of charities from register

      1. 34.Removal of charities from register

    4. Registration: duties of trustees and claims and objections

      1. 35.Duties of trustees in connection with registration

      2. 36.Claims and objections to registration

    5. Effect of registration and right to inspect register

      1. 37.Effect of registration

      2. 38.Right to inspect register

    6. Disclosure of registered charity status

      1. 39.Statement required to be made in official publications etc.

      2. 40.Power to alter sum specified in s.39(1)

      3. 41.Offences

    7. Power to require charity’s name to be changed

      1. 42.Power to require name to be changed

      2. 43.Duty of charity trustees on receiving direction under s.42

      3. 44.Change of name not to affect existing rights and obligations etc.

      4. 45.Change of name where charity is a company

  6. Part 5 Information powers

    1. Inquiries instituted by Commission

      1. 46.General power to institute inquiries

      2. 47.Obtaining evidence etc. for purposes of inquiry

      3. 48.Power to obtain search warrant for purposes of inquiry

      4. 49.Execution of search warrant

      5. 50.Publication of results of inquiries

      6. 51.Contributions by local authorities to inquiries into local charities

    2. Power to call for documents and search records

      1. 52.Power to call for documents

      2. 53.Power to search records

    3. Disclosure of information

      1. 54.Disclosure to Commission: general

      2. 55.Disclosure to Commission: Revenue and Customs information

      3. 56.Disclosure by Commission: general

      4. 57.Disclosure by Commission: Revenue and Customs information

      5. 58.Disclosure to and by principal regulators of exempt charities

      6. 59.Disclosure: supplementary

    4. Supply of false or misleading information to Commission etc.

      1. 60.Supply of false or misleading information to Commission etc.

  7. Part 6 Cy-près powers and assistance and supervision of charities by court and Commission

    1. Cy-près powers and variation of charters

      1. 61.Duty of trustees in relation to application of property cy-près

      2. 62.Occasions for applying property cy-près

      3. 63.Application cy-près: donor unknown or disclaiming

      4. 64.Donors treated as unidentifiable

      5. 65.Donors treated as disclaiming

      6. 66.Unknown and disclaiming donors: supplementary

      7. 67.Cy-près schemes

      8. 68.Charities governed by charter, or by or under statute

    2. Powers of Commission to make schemes etc.

      1. 69.Commission’s concurrent jurisdiction with High Court for certain purposes

      2. 70.Restrictions on Commission’s concurrent jurisdiction

      3. 71.Exercise of Commission’s concurrent jurisdiction: notice

      4. 72.Power to alter sum specified in s.70(3)

      5. 73.Powers to make schemes altering provision made by Acts, etc.

      6. 74.Restriction on expenditure on promoting Bills

      7. 75.Further powers to alter application of charitable property

    3. Powers of Commission to act for protection of charities etc.

      1. 76.Suspension of trustees etc. and appointment of interim managers

      2. 77.Offence of contravening certain orders under s.76

      3. 78.Interim managers: supplementary

      4. 79.Removal of trustee or officer etc. for protective etc. purposes

      5. 80.Other powers to remove or appoint charity trustees

      6. 81.Removal or appointment of charity trustees etc.: supplementary

      7. 82.Removal of trustees etc.: notice

      8. 83.Power to suspend or remove trustees etc. from membership of charity

      9. 84.Power to direct specified action to be taken

      10. 85.Power to direct application of charity property

      11. 86.Copy of certain orders, and reasons, to be sent to charity

      12. 87.Supervision by Commission of certain Scottish charities

    4. Publicity relating to schemes and orders

      1. 88.Publicity relating to schemes

      2. 89.Publicity for orders relating to trustees or other individuals

    5. Property vested in official custodian

      1. 90.Entrusting charity property to official custodian, and termination of trust

      2. 91.Supplementary provisions as to property vested in official custodian

    6. Official custodian and Reverter of Sites Act 1987

      1. 92.Divestment of official custodian where 1987 Act due to operate

      2. 93.Divestment of official custodian where 1987 Act has operated

      3. 94.Vesting of land in relevant charity trustees following divestment

      4. 95.Supplementary provisions in connection with 1987 Act

    7. Establishment of common investment or deposit funds

      1. 96.Power to make common investment schemes

      2. 97.Bodies which may participate in common investment schemes

      3. 98.Provisions which may be included in common investment schemes

      4. 99.Further provisions relating to common investment schemes and funds

      5. 100.Power to make common deposit schemes

      6. 101.Bodies which may participate in common deposit schemes

      7. 102.Provisions which may be included in common deposit schemes

      8. 103.Further provisions relating to common deposit schemes and funds

      9. 104.Meaning of “Scottish recognised body” and “Northern Ireland charity”

    8. Power to authorise dealings with charity property, ex gratia payments etc.

      1. 105.Power to authorise dealings with charity property etc.

      2. 106.Power to authorise ex gratia payments etc.

    9. Power to give directions about dormant bank accounts of charities

      1. 107.Power to direct transfer of credits in dormant bank accounts

      2. 108.Accounts which cease to be dormant before transfer

      3. 109.Dormant bank accounts: supplementary

    10. Additional powers of Commission

      1. 110.Power to give advice

      2. 111.Power to determine membership of charity

      3. 112.Power to order assessment of solicitor’s bill

    11. Legal proceedings relating to charities

      1. 113.Petitions for winding up charities under Insolvency Act

      2. 114.Proceedings by the Commission

      3. 115.Proceedings by other persons

    12. Supplementary

      1. 116.Effect of provisions relating to vesting or transfer of property

  8. Part 7 Charity land

    1. Restrictions on dispositions of land in England and Wales

      1. 117.Restrictions on dispositions of land: general

      2. 118.Meaning of “connected person” in s.117(2)

      3. 119.Requirements for dispositions other than certain leases

      4. 120.Requirements for leases which are for 7 years or less etc.

      5. 121.Additional restrictions where land held for stipulated purposes

      6. 122.Instruments concerning dispositions of land: required statements, etc.

      7. 123.Charity land and land registration

    2. Restrictions on mortgages of land in England and Wales

      1. 124.Restrictions on mortgages

      2. 125.Mortgages: required statements, etc.

      3. 126.Mortgages of charity land and land registration

    3. Release of charity rentcharges

      1. 127.Release of charity rentcharges

      2. 128.Power to alter sum specified in s.127(2)

    4. Interpretation

      1. 129.Interpretation

  9. Part 8 Charity accounts, reports and returns

    1. CHAPTER 1 Individual accounts

      1. 130.Accounting records

      2. 131.Preservation of accounting records

      3. 132.Preparation of statement of accounts

      4. 133.Account and statement an option for lower-income charities

      5. 134.Preservation of statement of accounts or account and statement

      6. 135.Charitable companies

      7. 136.Exempt charities

    2. CHAPTER 2 Group accounts

      1. 137.Accounting records

      2. 138.Preparation of group accounts

      3. 139.Exceptions to requirement to prepare group accounts

      4. 140.Preservation of group accounts

      5. 141.“Parent charity”, “subsidiary undertaking” and “group”

      6. 142.“Group accounts”

      7. 143.Exempt charities

    3. CHAPTER 3 Audit or examination of accounts

      1. Audit or examination of individual accounts

        1. 144.Audit of accounts of larger charities

        2. 145.Examination of accounts an option for lower-income charities

        3. 146.Commission’s powers to order audit

        4. 147.Accounts required to be audited under Companies Act

        5. 148.NHS charities: general

        6. 149.Audit or examination of English NHS charity accounts

        7. 150.Audit or examination of Welsh NHS charity accounts

      2. Audit or examination of group accounts

        1. 151.Audit of accounts of larger groups

        2. 152.Examination of accounts an option for smaller groups

        3. 153.Commission’s powers to order audit of group accounts

      3. Regulations relating to audits and examinations

        1. 154.Regulations relating to audits and examinations

        2. 155.Power of Commission to direct compliance with certain regulations

      4. Duty of auditors etc. to report matters to Commission

        1. 156.Duty of auditors etc. to report matters to Commission

        2. 157.Meaning of “connected institution or body” in s.156(2)

        3. 158.Application of duty in relation to auditors etc. of group accounts

        4. 159.Application of duty in relation to Companies Act auditors

      5. Exempt and excepted charities

        1. 160.Exempt charities

        2. 161.Excepted charities

    4. CHAPTER 4 Annual reports and returns and public access to accounts etc.

      1. Annual reports etc.

        1. 162.Charity trustees to prepare annual reports

        2. 163.Transmission of annual reports to Commission in certain cases

        3. 164.Documents to be transmitted with annual report

        4. 165.Preservation of annual reports etc.

        5. 166.Annual reports and group accounts

        6. 167.Exempt charities

        7. 168.Excepted charities

      2. Annual returns

        1. 169.Annual returns by registered charities

      3. Availability of documents to public

        1. 170.Public inspection of annual reports etc. kept by Commission

        2. 171.Supply by charity trustees of copy of most recent annual report

        3. 172.Supply by charity trustees of copy of most recent accounts

      4. Offences

        1. 173.Offences of failing to supply certain documents

    5. CHAPTER 5 Powers to set financial thresholds

      1. 174.Powers to alter certain sums specified in this Part

      2. 175.Aggregate gross income of group

      3. 176.Larger groups: “relevant income threshold” and “relevant assets threshold”

  10. Part 9 Charity trustees, trustees and auditors etc.

    1. Meaning of “charity trustees”

      1. 177.Meaning of “charity trustees”

    2. Disqualification of charity trustees and trustees

      1. 178.Persons disqualified from being charity trustees or trustees of a charity

      2. 179.Disqualification: pre-commencement events etc.

      3. 180.Disqualification: exceptions in relation to charitable companies

      4. 181.Power to waive disqualification

      5. 182.Records of persons removed from office

      6. 183.Criminal consequences of acting while disqualified

      7. 184.Civil consequences of acting while disqualified

    3. Remuneration of charity trustees and trustees etc.

      1. 185.Remuneration of charity trustees or trustees etc. providing services to charity

      2. 186.Disqualification of charity trustee or trustee receiving remuneration under s.185

      3. 187.Meaning of “benefit”, “remuneration”, “services” etc.

      4. 188.Meaning of “connected person”

    4. Indemnity insurance for charity trustees and trustees

      1. 189.Indemnity insurance for charity trustees and trustees

      2. 190.Power to amend s.189

    5. Powers to relieve trustees and auditors etc. from liability

      1. 191.Commission’s power to relieve trustees and auditors etc. from liability

      2. 192.Court’s power to grant relief to apply to all auditors etc. of charities which are not companies

  11. Part 10 Charitable companies etc.

    1. Introductory

      1. 193.Meaning of “charitable company”

    2. Disclosure of charitable status by companies

      1. 194.Requirement to disclose charitable status

      2. 195.Civil consequences of failure to make required disclosure

      3. 196.Criminal consequences of failure to make required disclosure

    3. Restrictions on alteration of objects

      1. 197.Alteration of objects by bodies corporate and charitable status

      2. 198.Alteration of objects by companies and Commission’s consent

      3. 199.Meaning of “benefit” in s.198(2)

      4. 200.Meaning of “connected person” in s.198(2)

    4. Acts requiring Commission consent

      1. 201.Consent of Commission required for approval etc. by members of charitable companies

      2. 202.Consent of Commission required for certain acts of charitable company

    5. Restoration of charitable company to register

      1. 203.Application for restoration of charitable company to register

  12. Part 11 Charitable incorporated organisations (CIOs)

    1. CHAPTER 1 General

      1. Nature and constitution

        1. 204.Meaning of “CIO

        2. 205.Nature

        3. 206.Constitution

      2. Formation and registration of CIO

        1. 207.Application for CIO to be constituted and registered

        2. 208.Cases where application must or may be refused

        3. 209.Registration of CIO

        4. 210.Effect of registration of CIO

      3. Name and status

        1. 211.Name

        2. 212.Status

        3. 213.Civil consequences of failure to disclose name or status

        4. 214.Offence of failing to disclose name or status

        5. 215.Offence of holding out that a body is a CIO

    2. CHAPTER 2 Powers, capacity and procedure etc.

      1. 216.Powers of CIO

      2. 217.Constitutional requirements

      3. 218.Third parties

      4. 219.Limits to s.218

      5. 220.Duty of CIO members

      6. 221.Duties of charity trustees

      7. 222.Personal benefit and payments

      8. 223.Regulations about procedure of CIOs

    3. CHAPTER 3 Amendment of constitution

      1. 224.Amendment of constitution and procedure

      2. 225.Amendment of constitution and charitable status

      3. 226.Amendment of constitution and Commission’s consent

      4. 227.Registration and coming into effect of amendments

    4. CHAPTER 4 Conversion, amalgamation and transfer

      1. Conversion of certain bodies to CIO

        1. 228.Application for conversion by charitable company

        2. 229.Application for conversion by registered society

        3. 230.Commission to consult appropriate registrar and others

        4. 231.Cases where application must or may be refused

        5. 232.Provisional and final registration of converting body

        6. 233.Effect of registration becoming final

        7. 234.Conversion of community interest company

      2. Amalgamation of CIOs

        1. 235.Application for amalgamation of CIOs

        2. 236.Notice of application for amalgamation

        3. 237.Cases where application must or may be refused

        4. 238.Registration of amalgamated CIO

        5. 239.Effect of registration

      3. Transfer of CIO’s undertaking to another CIO

        1. 240.Resolutions about transfer of CIO’s undertaking to another CIO

        2. 241.Notice of transfer of CIO’s undertaking to another CIO

        3. 242.Cases where confirmation of resolution must or may be refused

        4. 243.Confirmation of resolution

        5. 244.Effect of confirmation of resolution

    5. CHAPTER 5 Supplementary

      1. 245.Regulations about winding up, insolvency and dissolution

      2. 246.Power to make further provision about CIOs

      3. 247.Meaning of “CIO regulations”

      4. 248.Meaning of “benefit”

      5. 249.Meaning of “connected person”

      6. 250.Effect of provisions relating to vesting or transfer of property

  13. Part 12 Incorporation of charity trustees

    1. General

      1. 251.Incorporation of charity trustees

      2. 252.Estate to vest in incorporated body

      3. 253.Gifts to take effect as gifts to incorporated body

      4. 254.Liability of charity trustees not affected by incorporation

      5. 255.Charity trustees bound by conditions in certificate etc.

    2. Application procedure

      1. 256.Applications for incorporation

      2. 257.Requirement to be met before certificate is granted

      3. 258.Certificate conclusive as to compliance with incorporation requirements etc.

    3. Administration etc. of charity whose charity trustees are incorporated

      1. 259.Filling up of vacancies in charity trustees

      2. 260.Execution of documents by incorporated body: general

      3. 261.Conferral of authority to execute documents

    4. Commission’s powers to amend certificate or dissolve body

      1. 262.Amendment of certificate of incorporation

      2. 263.Dissolution of incorporated body

    5. Supplementary

      1. 264.Records of applications and certificates

      2. 265.Meaning of “incorporated body” and “relevant charity”

      3. 266.Effect of provisions relating to vesting or transfer of property

  14. Part 13 Unincorporated charities

    1. Power to transfer all property of unincorporated charity

      1. 267.Introduction

      2. 268.Resolution to transfer all property

      3. 269.Notice of, and information about, resolution to transfer property

      4. 270.General rule as to when s.268 resolution takes effect

      5. 271.S.268 resolution not to take effect or to take effect at later date

      6. 272.Transfer of property in accordance with s.268 resolution

      7. 273.Transfer where charity has permanent endowment: general

      8. 274.Requirements relating to permanent endowment

    2. Powers to alter purposes or powers etc. of unincorporated charity

      1. 275.Resolution to replace purposes of unincorporated charity

      2. 276.Notice of, and information about, s.275 resolution

      3. 277.General rule as to when s.275 resolution takes effect

      4. 278.S.275 resolution not to take effect or to take effect at a later date

      5. 279.Replacement of purposes in accordance with s.275

      6. 280.Power to modify powers or procedures of unincorporated charity

    3. Powers of unincorporated charities to spend capital

      1. 281.Power of unincorporated charities to spend capital: general

      2. 282.Resolution to spend larger fund given for particular purpose

      3. 283.Notice of, and information about, s.282 resolution

      4. 284.When and how s.282 resolution takes effect

    4. Supplementary

      1. 285.Power to alter sums specified in this Part

      2. 286.Effect of provisions relating to vesting or transfer of property

  15. Part 14 Special trusts

    1. 287.Meaning of “special trust”

    2. 288.Power to spend capital subject to special trusts: general

    3. 289.Resolution to spend capital subject to special trusts: larger fund

    4. 290.Notice of, and information about, s.289 resolution

    5. 291.When and how s.289 resolution takes effect

    6. 292.Power to alter sum specified in s.289

  16. Part 15 Local charities

    1. Indexes and reviews etc.

      1. 293.Meaning of “local charity”

      2. 294.Local authority’s index of local charities

      3. 295.Reviews of local charities by local authority

      4. 296.S.294 and s.295: supplementary

      5. 297.Co-operation between charities, and between charities and local authorities

    2. Parochial charities

      1. 298.Transfer of property to parish or community council or its appointees

      2. 299.Local authorities’ power to appoint representative trustees

      3. 300.Powers of appointment deriving from pre-1894 powers

      4. 301.Powers of appointment deriving from pre-1927 powers

      5. 302.Term of office of trustees appointed under s.299 to s.301

      6. 303.S.298 to s.302: supplementary

    3. Supplementary

      1. 304.Effect of provisions relating to vesting or transfer of property

  17. Part 16 Charity mergers

    1. Registration

      1. 305.Register of charity mergers

      2. 306.Meaning of “relevant charity merger” etc.

      3. 307.Notification of charity mergers

      4. 308.Details to be entered in register of charity mergers

      5. 309.Right to inspect register of charity mergers

    2. Vesting declarations and effect of merger on certain gifts

      1. 310.Pre-merger vesting declarations

      2. 311.Effect of registering charity merger on gifts to transferor

      3. 312.“Transferor” and “transferee” etc. in s.310 and s.311

    3. Supplementary

      1. 313.Effect of provisions relating to vesting or transfer of property

      2. 314.Exception for CIOs

  18. Part 17 The Tribunal

    1. CHAPTER 1 General

      1. 315.The Tribunal

      2. 316.Rules relating to appeals, applications or references

      3. 317.Appeal from Tribunal

      4. 318.Intervention by Attorney General

    2. CHAPTER 2 Appeals and applications to Tribunal

      1. 319.Appeals: general

      2. 320.Appeals: orders under s.52

      3. 321.Reviews

      4. 322.Reviewable matters

      5. 323.Remission of matters to Commission

      6. 324.Power to amend provisions relating to appeals and applications to Tribunal

    3. CHAPTER 3 References to Tribunal

      1. 325.References by Commission

      2. 326.References by Attorney General

      3. 327.Powers of Commission in relation to matters referred to Tribunal

      4. 328.Suspension of time limits while reference is in progress

      5. 329.Agreement for Commission to act while reference is in progress

      6. 330.Appeals and applications in respect of matters determined on references

      7. 331.Interpretation

  19. Part 18 Miscellaneous and supplementary

    1. Administrative provisions about charities

      1. 332.Manner of giving notice of charity meetings, etc.

      2. 333.Conferral of authority to execute documents

      3. 334.Transfer and evidence of title to property vested in trustees

    2. Enforcement powers of Commission etc.

      1. 335.Enforcement of requirements by order of Commission

      2. 336.Enforcement of orders of Commission

      3. 337.Other provisions as to orders of Commission

      4. 338.Directions of the Commission or person conducting inquiry

      5. 339.Service of orders and directions

    3. Documents and evidence etc.

      1. 340.Enrolment and deposit of documents etc.

      2. 341.Evidence of documents received by Commission etc.

      3. 342.Report of inquiry to be evidence in certain proceedings

      4. 343.Evidence of documents issued by Commission etc.

      5. 344.Other miscellaneous provisions as to evidence

    4. Offences

      1. 345.Restriction on institution of proceedings for certain offences

      2. 346.Offences by bodies corporate

    5. Regulations and orders

      1. 347.Regulations and orders: general

      2. 348.Regulations subject to affirmative procedure etc.

      3. 349.Orders subject to affirmative procedure etc.

    6. Interpretation

      1. 350.Connected person: child, spouse and civil partner

      2. 351.Connected person: controlled institution

      3. 352.Connected person: substantial interest in body corporate

      4. 353.Minor definitions

  20. Part 19 Final provisions

    1. 354.Amendments etc.

    2. 355.Commencement

    3. 356.Extent

    4. 357.Index of defined expressions

    5. 358.Short title

  21. SCHEDULES

    1. SCHEDULE 1

      The Charity Commission

      1. 1.Membership

      2. 2.Terms of appointment and remuneration

      3. 3.(1) An appointment of a person to hold office as...

      4. 4.(1) The Commission must pay to its members such remuneration,...

      5. 5.Staff

      6. 6.Committees

      7. 7.Procedure etc.

      8. 8.Performance of functions

      9. 9.Evidence

      10. 10.Execution of documents

      11. 11.Annual report

      12. 12.Annual public meeting

    2. SCHEDULE 2

      The official custodian

      1. 1.Status and official seal

      2. 2.Expenses

      3. 3.Performance of functions and liability for loss or misapplication of property

      4. 4.(1) The official custodian is not liable as trustee for...

      5. 5.Accounts

      6. 6.The Comptroller and Auditor General must— (a) examine, certify and...

      7. 7.The Commission must publish and lay before Parliament a copy...

    3. SCHEDULE 3

      Exempt charities

      1. 1.Institutions with an exemption from the Charitable Trusts Acts 1853 to 1939

      2. 2.Educational institutions

      3. 3.King’s College London and Queen Mary and Westfield College in...

      4. 4.(1) Any of the following, if Her Majesty declares it...

      5. 5.(1) An English higher education corporation. (2) For the purposes...

      6. 6.(1) A successor company to a higher education corporation at...

      7. 7.A further education corporation.

      8. 8.A qualifying Academy proprietor (as defined in section 12(2) of...

      9. 9.The governing body of any foundation, voluntary or foundation special...

      10. 10.Any foundation body established under section 21 of the School...

      11. 11.A sixth form college corporation (within the meaning of the...

      12. 12.Museums, galleries etc.

      13. 13.The Board of Trustees of the Science Museum.

      14. 14.The Board of Trustees of the Armouries.

      15. 15.The Board of Trustees of the Royal Botanic Gardens, Kew....

      16. 16.The Board of Trustees of the National Museums and Galleries...

      17. 17.The trustees of the British Museum.

      18. 18.The trustees of the Natural History Museum.

      19. 19.The Board of Trustees of the National Gallery.

      20. 20.The Board of Trustees of the Tate Gallery.

      21. 21.The Board of Trustees of the National Portrait Gallery.

      22. 22.The Board of Trustees of the Wallace Collection.

      23. 23.The Trustees of the Imperial War Museum.

      24. 24.The Trustees of the National Maritime Museum.

      25. 25.The British Library Board.

      26. 26.Housing

      27. 27.Any registered society within the meaning of the Co-operative and...

      28. 28.Connected institutions

    4. SCHEDULE 4

      Enlargement of areas of local charities

    5. SCHEDULE 5

      Court’s jurisdiction over certain charities governed by or under statute

      1. 1.The court may by virtue of section 68(5) and (6)...

      2. 2.Regardless of anything in section 19 of the Commons Act...

    6. SCHEDULE 6

      Appeals and applications to Tribunal

    7. SCHEDULE 7

      Consequential amendments

      1. Part 1 General amendments

        1. 1.References to the Charitable Uses Act 1601 (c. 4)

        2. 2.References to the Charity Commissioners for England and Wales

        3. 3.Application of certain enactments to trust corporations

      2. Part 2 Particular amendments

        1. 4.Literary and Scientific Institutions Act 1854 (c. 112)

        2. 5.Places of Worship Registration Act 1855 (c. 81)

        3. 6.Places of Worship Sites Amendment Act 1882 (c. 21)

        4. 7.Technical and Industrial Institutions Act 1892 (c. 29)

        5. 8.Open Spaces Act 1906 (c. 25)

        6. 9.New Parishes Measure 1943 (No. 1)

        7. 10.In section 31, for “the Charities Act 1993” substitute “section...

        8. 11.London County Council (General Powers) Act 1947 (c. xlvi)

        9. 12.London County Council (General Powers) Act 1955 (c. xxix)

        10. 13.Incumbents and Churchwardens (Trusts) Measure 1964 (No. 2)

        11. 14.Co-operative and Community Benefit Societies and Credit Unions Act 1965 (c. 12)

        12. 15.Leasehold Reform Act 1967 (c. 88)

        13. 16.Co-operative and Community Benefit Societies and Credit Unions Act 1968 (c. 55)

        14. 17.Redundant Churches and other Religious Buildings Act 1969 (c. 22)

        15. 18.In section 7, for subsection (2) substitute—

        16. 19.Sharing of Church Buildings Act 1969 (c. 38)

        17. 20.(1) In section 8(1), for “the Charities Act 1993” substitute...

        18. 21.Synodical Government Measure 1969 (No. 2)

        19. 22.Local Government Act 1972 (c. 70)

        20. 23.In section 27F(6), for “section 79 of the Charities Act...

        21. 24.In section 27H(6), for “section 79 of the Charities Act...

        22. 25.In section 29(6), for “section 79 of the Charities Act...

        23. 26.In section 127(4) for “the Charities Act 1993” substitute “the...

        24. 27.In section 131(3)— (a) for “section 36 of the Charities...

        25. 28.In Schedule 12A, for paragraphs 8(f) and 19(f) substitute—

        26. 29.Consumer Credit Act 1974 (c. 39)

        27. 30.Friendly Societies Act 1974 (c. 46)

        28. 31.House of Commons Disqualification Act 1975 (c. 24)

        29. 32.Northern Ireland Assembly Disqualification Act 1975 (c. 25)

        30. 33.Theatres Trust Act 1976 (c. 27)

        31. 34.Endowments and Glebe Measure 1976 (No. 4)

        32. 35.Interpretation Act 1978 (c. 30)

        33. 36.Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

        34. 37.Disused Burial Grounds (Amendment) Act 1981 (c. 18)

        35. 38.Pastoral Measure 1983 (No. 1)

        36. 39.In section 63(3), for “the Charities Act 1993” substitute “the...

        37. 40.In section 87(1), in the definition of “charity”, for “section...

        38. 41.(1) Amend Schedule 3 as follows. (2) In paragraph 11(6)—...

        39. 42.Greater London Council (General Powers) Act 1984 (c. xxvii)

        40. 43.Housing Act 1985 (c. 68)

        41. 44.In section 525, in the definition of “charity trustees”, for...

        42. 45.Housing Associations Act 1985 (c. 69)

        43. 46.In section 35(2)(c), for “section 36 of the Charities Act...

        44. 47.Coal Industry Act 1987 (c. 3)

        45. 48.Reverter of Sites Act 1987 (c. 15)

        46. 49.Education Reform Act 1988 (c. 40)

        47. 50.For section 125A substitute— Charitable status of a higher education...

        48. 51.In section 128(5), for ““charitable purposes” has the same meaning...

        49. 52.Copyright, Designs and Patents Act 1988 (c. 48)

        50. 53.Imperial College Act 1988 (c. xxiv)

        51. 54.(1) In section 17(1), for “section 22 of the Charities...

        52. 55.Courts and Legal Services Act 1990 (c. 41)

        53. 56.London Local Authorities Act 1991 (c. xiii)

        54. 57.Further and Higher Education Act 1992 (c. 13)

        55. 58.For section 22A substitute— Charitable status of a further education...

        56. 59.In section 27(5), for ““charitable purposes” has the same meaning...

        57. 60.In section 33F(6)(d), for “(within the meaning of section 69A...

        58. 61.In section 33M, for “(and, as a result of its...

        59. 62.In section 33N(10), for ““charitable purposes” has the same meaning...

        60. 63.In section 69— (a) in subsection (1A), for “section 13...

        61. 64.In section 79A— (a) for “section 13 of the Charities...

        62. 65.Charities Act 1992 (c. 41)

        63. 66.In section 63(2), for “section 3 of the Charities Act...

        64. 67.Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

        65. 68.Environment Act 1995 (c. 25)

        66. 69.Reserve Forces Act 1996 (c. 14)

        67. 70.Trusts of Land and Appointment of Trustees Act 1996 (c. 47)

        68. 71.Housing Act 1996 (c. 52)

        69. 72.(1) Amend Schedule 1 as follows. (2) In paragraph 4(2)(d),...

        70. 73.Housing Grants, Construction and Regeneration Act 1996 (c. 53)

        71. 74.Education Act 1996 (c. 56)

        72. 75.School Standards and Framework Act 1998 (c. 31)

        73. 76.In section 23A(10), in the definitions of “charity trustee” and...

        74. 77.In section 23B(2), for “section 18 of the Charities Act...

        75. 78.In Schedule 1, for paragraph 10 substitute— An Education Action Forum shall be a charity and is...

        76. 79.In Schedule 22, in paragraph 8A(2)(c), for “removed under subsection...

        77. 80.National Institutions Measure 1998 (No. 1)

        78. 81.Finance Act 1999 (c. 16)

        79. 82.Cathedrals Measure 1999 (No. 1)

        80. 83.In section 15(1), in paragraph (iii) of the proviso, for...

        81. 84.In section 27(1), for “section 43 of the Charities Act...

        82. 85.In section 34, for “same meaning as in the Charities...

        83. 86.Financial Services and Markets Act 2000 (c. 8)

        84. 87.In Schedule 11B, in paragraph 12(4)(b), for “or section 24...

        85. 88.Learning and Skills Act 2000 (c. 21)

        86. 89.Trustee Act 2000 (c. 29)

        87. 90.In section 39(1)— (a) in the definition of “charitable purposes”,...

        88. 91.Criminal Justice and Court Services Act 2000 (c. 43)

        89. 92.Criminal Justice and Police Act 2001 (c. 16)

        90. 93.Churchwardens Measure 2001 (No. 1)

        91. 94.Land Registration Act 2002 (c. 9)

        92. 95.Licensing Act 2003 (c. 17)

        93. 96.In Schedule 2, for paragraph 5(4) substitute—

        94. 97.Higher Education Act 2004 (c. 8)

        95. 98.Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27)

        96. 99.In section 63(1), in the definition of “English charity” for...

        97. 100.In Schedule 3, for paragraph 4 substitute— The person appointed to chair the Charity Commission may make...

        98. 101.Pensions Act 2004 (c. 35)

        99. 102.In Schedule 8, for the entry relating to the Charity...

        100. 103.Serious Organised Crime and Police Act 2005 (c. 15)

        101. 104.Education Act 2005 (c. 18)

        102. 105.Gambling Act 2005 (c. 19)

        103. 106.Charities and Trustee Investment (Scotland) Act 2005 (asp 10)

        104. 107.In section 69(2)(d)(i), after “Wales under” insert “section 79(2)(a) of...

        105. 108.In section 96(3), for “sections 24 and 25 of the...

        106. 109.Natural Environment and Rural Communities Act 2006 (c. 16)

        107. 110.Education and Inspections Act 2006 (c. 40)

        108. 111.National Health Service Act 2006 (c. 41)

        109. 112.National Health Service (Wales) Act 2006 (c. 42)

        110. 113.Companies Act 2006 (c. 46)

        111. 114.In section 31(4)(a), for “section 64 of the Charities Act...

        112. 115.In— (a) section 1140(2)(c)(ii), and (b) section 1154(1)(b) and (2)(b),...

        113. 116.In Schedule 1, in paragraph 6(4)(b) for “or section 24...

        114. 117.Safeguarding Vulnerable Groups Act 2006 (c. 47)

        115. 118.Charities Act 2006 (c. 50)

        116. 119.In section 72(3), for “section 10(2) to (4) of the...

        117. 120.(1) In section 73(5)(b), for “the appointed day (within the...

        118. 121.(1) In section 74(4), omit— (a) paragraphs (a) and (b),...

        119. 122.Omit section 76.

        120. 123.(1) In section 78(2)— (a) omit paragraph (a);

        121. 124.In section 79(1), omit— (a) paragraph (a), and

        122. 125.In section 80— (a) omit subsections (3)(a), (b) and (d)...

        123. 126.Income Tax Act 2007 (c. 3)

        124. 127.Legal Services Act 2007 (c. 29)

        125. 128.Dioceses, Pastoral and Mission Measure 2007 (No. 1)

        126. 129.In Schedule 2, in paragraph 13(2), for “charity trustee within...

        127. 130.Regulatory Enforcement and Sanctions Act 2008 (c. 13)

        128. 131.Housing and Regeneration Act 2008 (c. 17)

        129. 132.In section 136— (a) in subsection (4), for “section 43(1)(a)...

        130. 133.In section 138(3)(a), for “the Charities Act 1993” substitute “the...

        131. 134.In section 266(6), for “section 72 of the Charities Act...

        132. 135.In section 275— (a) in the definition of “non-registrable charity”,...

        133. 136.Planning Act 2008 (c. 29)

        134. 137.Charities Act (Northern Ireland) 2008 (c. 12 (N.I.))

        135. 138.In section 86(1)(e)— (a) in sub-paragraph (i), after “under” insert...

        136. 139.Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)

        137. 140.In Schedule 3, in paragraph 19(4)(c), for “(within the meaning...

        138. 141.In Schedule 4, in paragraph 9(4)(c), for “(within the meaning...

        139. 142.Corporation Tax Act 2010 (c. 4)

        140. 143.Finance Act 2010 (c. 13)

        141. 144.Equality Act 2010 (c. 15)

        142. 145.Church of England (Miscellaneous Provisions) Measure 2010 (No. 1)

        143. 146.Mission and Pastoral Measure 2011 (No. 3)

        144. 147.In section 77(3), for “the Charities Act 1993” substitute “the...

        145. 148.In section 106(1), in the definition of “charity”, for “section...

        146. 149.(1) Amend Schedule 3 as follows. (2) In paragraph 9(6)—...

    8. SCHEDULE 8

      Transitionals and savings

      1. Part 1 General

        1. 1.Continuity of the law

        2. 2.A reference, express or implied, in this Act, another enactment...

        3. 3.(1) A reference, express or implied, in any enactment, instrument...

        4. 4.Anything done, or having effect as if done, under (or...

        5. 5.Paragraphs 1 to 4 have effect in place of section...

        6. 6.Effect of old transitionals and savings

        7. 7.(1) The repeal by this Act of an enactment previously...

        8. 8.Use of existing forms etc.

      2. Part 2 Recreational etc. purposes

        1. 9.General

        2. 10.(1) Where section 2 of the 1958 Act applied to...

        3. 11.The repeal by this Act of subsections (2) and (3)...

        4. 12.Scotland

        5. 13.Northern Ireland

      3. Part 3 Miscellaneous

        1. 14.Regulations relating to fees

        2. 15.Exempt charities

        3. 16.The repeal and re-enactment by this Act of—

        4. 17.Application cy-près: donors unknown or disclaiming or treated as disclaiming

        5. 18.Official custodian as successor to official trustee of charity lands and official trustees of charity funds

        6. 19.Savings for consequential amendments

        7. 20.Universities of Durham and Newcastle-upon-Tyne Act 1963

    9. SCHEDULE 9

      Transitory modifications

      1. 1.Commission’s general functions—public charitable collections

      2. 2.“Exempt charity” and common investment and deposit funds

      3. 3.“Exempt charity” and church funds

      4. 4.“Exempt charity” and registered societies etc.

      5. 5.(1) Sub-paragraph (2) applies if section 2 of the Co-operative...

      6. 6.Power to amend enactments in connection with changes in exempt charities

      7. 7.Exempt charities and the principal regulator

      8. 8.Voluntary registration

      9. 9.Regulations to secure that any institution ceasing to be an exempt charity on the relevant commencement date is excepted

      10. 10.Change of name and exempt charities

      11. 11.Power to institute inquiries and exempt charities

      12. 12.Maximum term of imprisonment for offence under section 49(8)

      13. 13.Power to call for documents etc. and exempt charities

      14. 14.Maximum term of imprisonment for offence under section 57(3)

      15. 15.Exempt charities and disclosure to and by principal regulator

      16. 16.Exempt charities and Commission’s concurrent jurisdiction with High Court

      17. 17.Exempt charities and restriction on expenditure on promoting Bills

      18. 18.Exempt charities and power to act for protection of charities

      19. 19.Reference to Mission and Pastoral Measure 2011

      20. 20.Exempt charities and power to give directions about dormant bank accounts

      21. 21.Exempt charities and Commission’s consent to proceedings etc.

      22. 22.Exempt charities and duty of auditors etc. to report matters to Commission

      23. 23.Disqualification and references to section 429(2) of Insolvency Act 1986

      24. 24.Maximum term of imprisonment for offence under section 183(1)

      25. 25.Exempt charities and power to order disqualified trustee to repay sums

      26. 26.CIOs

      27. 27.(1) Sub-paragraph (2) applies if section 2 of the Co-operative...

      28. 28.References to re-named Acts in Schedule 7

      29. 29.Meaning of “the relevant commencement date”

      30. 30.References to Acts

    10. SCHEDULE 10

      Repeals and revocations

    11. SCHEDULE 11

      Index of defined expressions

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