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Charities Act 2011

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This is the original version (as it was originally enacted).

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

(1)This section applies for the purposes of this Part.

(2)A charity is a parent charity if it is (or is to be treated as) a parent undertaking in relation to one or more other undertakings in accordance with the provisions of section 1162 of, and Schedule 7 to, the Companies Act 2006.

(3)Each undertaking in relation to which a parent charity is (or is to be treated as) a parent undertaking in accordance with those provisions is a subsidiary undertaking in relation to the parent charity.

(4)But subsection (3) does not have the result that any of the following is a subsidiary undertaking—

(a)any special trusts of a charity,

(b)any institution which, by virtue of a direction under section 12(1), is to be treated as forming part of a charity for the purposes of this Part, or

(c)any charity to which a direction under section 12(2) applies for the purposes of this Part.

(5)“The group”, in relation to a parent charity, means that charity and its subsidiary undertaking or undertakings, and any reference to the members of the group is to be read accordingly.

(6)For the purposes of this section and the operation for those purposes of section 1162 of, and Schedule 7 to, the Companies Act 2006 “undertaking” means—

(a)an undertaking as defined by section 1161(1) of the 2006 Act, or

(b)a charity which is not an undertaking as so defined.

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