Charities Act 2011

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

17 (1) In section 4, for subsections (6) to (8A) substitute—

“(6) The Charity Commission may, on the application of the acquirer of the relevant premises, by order establish a scheme under section 69 of the Charities Act 2011 (Commission’s concurrent jurisdiction with the High Court for certain purposes) making provision for the restoration of the relevant premises, or part of them, to use as a place of public worship.

(7) The Charity Commission may so establish any such scheme notwithstanding—

(a) anything in section 70(2) of that Act, or

(b) that the relevant charity has ceased to exist;

and if the relevant charity has ceased to exist, any such scheme may provide for the constitution of a charity by or in trust for which the relevant premises are to be held on the restoration of those premises, or part of them, to use as a place of public worship.

(8) The Charity Commission has the same jurisdiction and powers in relation to the establishment of a scheme under subsection (2) above as it has under the provisions of sections 69 to 71 of the Charities Act 2011 (except section 70(4) and (5)) in relation to the establishment of a scheme for the administration of a charity; and section 88 of that Act (publicity relating to schemes) accordingly has effect in relation to the establishment of a scheme under subsection (2) above as it has effect in relation to the establishment of a scheme for the administration of a charity.

(8A) Chapter 2 of Part 17 of, and Schedule 6 to, the Charities Act 2011 (appeals and applications to Tribunal) apply in relation to an order made by virtue of subsection (8) above as they apply in relation to an order made under section 69(1) of that Act.”

(2) In section 4(13), for the definition of “charity” substitute—

• ““charity” has the meaning given by section 10 of the Charities Act 2011”.

(3) In section 4(13), for the definition of “the court” substitute—

• ““the court” has the same meaning as in the Charities Act 2011;”.