SCHEDULES

FIRST SCHEDULE Constitution, etc., of Charity Commissioners

Section 1.

1

1

There shall be a Chief Charity Commissioner, and two other commissioners.

2

Two at least of the commissioners shall be F15persons who have a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990..

3

F16. . . the chief commissioner and the other commissioners shall be appointed by the Secretary of State, and shall be deemed for all purposes to be employed in the civil service of the Crown.

4

There may be paid to each of the commissioners such salary and allowances as the Secretary of State may with the approval of the Treasury determine.

5

If at any time it appears to the Secretary of State that there should be more than three commissioners, he may with the approval of the Treasury appoint not more than two additional commissioners.

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

2

1

The chief commissioner may, with the approval of the Treasury as to number and conditions of service, appoint such assistant commissioners and other officers and such F18employees as he thinks necessary for the proper discharge of the functions of the Commissioners and of the official custodian for charities.

2

There may be paid to officers and F18employees so appointed such salaries or remuneration as the Treasury may determine.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

3

1

The Commissioners may use an official seal for the authentication of documents, and their seal shall be officially and judicially noticed.

2

The M4Documentary Evidence Act 1868 as amended by the M5Documentary Evidence Act 1882 shall have effect as if in the Schedule to the Act of 1868 the Commissioners were included in the first column and any commissioner or assistant commissioner and any officer authorised to act on behalf of the Commissioners were mentioned in the second column.

3

The Commissioners shall have power to regulate their own procedure and, subject to any such regulations and to any directions of the chief commissioner, any one commissioner or any assistant commissioner may act for and in the name of the Commissioners.

4

Where the Commissioners act as a board, F20then—

a

if not more than four commissioners hold office for the time being, the quorum shall be two commissioners (of whom at least one must be a person having a qualification such as is mentioned in paragraph 1(2) above); and

b

if five commissioners so hold office, the quorum shall be three commissioners (of whom at least one must be a person having such a qualification);

and in the case of an equality of votes the chief commissioner or in his absence the commissioner presiding shall have a second or casting vote.

5

The Commissioners shall have power to act notwithstanding any vacancy in their number.

F21C36

It is hereby declared that the power of a commissioner or assistant commissioner to act for and in the name of the Commissioners in accordance with sub-paragraph (3) above may, in particular, be exercised in relation to functions of the Commissioners under sections 6, 20, 20A and 30 of this Act.

4

Legal proceedings may be instituted by or against the Commissioners by the name of the Charity Commissioners for England and Wales, and shall not abate or be affected by any change in the persons who are the commissioners.

SECOND SCHEDULE Exempt Charities

Sections 4 & 45.

The following institutions, so far as they are charities, are exempt charities within the meaning of this Act, that is to say—

a

any institution which, if this Act had not been passed, would be exempted from the powers and jurisdiction under the Charitable Trusts Acts 1853 to 1939, of the Commissioners or Minister of Education (apart from any power of the Commissioners or Minister to apply those Acts in whole or in part to charities otherwise exempt) by the terms of any enactment not contained in those Acts other than section nine of the M1Places of Worship Registration Act 1855;

b

the universities of Oxford, Cambridge, London and Durham, the colleges and halls in the universities of Oxford, Cambridge and Durham and the colleges of Winchester and Eton;

c

any university, university college, or institution connected with a university or university college, which Her Majesty declares by Order in Council to be an exempt charity for the purposes of this Act;

F1(ca) the Board of Trustees of the Victoria and Albert Museum;

cb

the Board of Trustees of the Science Museum;

cc

the Board of Trustees of the Armouries;

cd

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

F2ce

the Board of Trustees of the National Gallery;

cf

the Board of Trustees of the Tate Gallery;

cg

the Board of Trustees of the National Portrait Gallery;

ch

the Board of Trustees of the Wallace Collection;

F3ce

the Board of Trustees of the National Museums and Galleries on Merseyside.

F4d

the Trustees of the British Museum and the Trustees of the Natural History Museum;

F5F6da

the National Gallery Trustees;

db

the Tate Gallery Trustees;

dc

the National Portrait Gallery;

dd

the Wallace Collection Trustees;

C1e

any institution which is administered by or on behalf of an institution included above and is established for the general purposes of, or for any special purpose of or in connection with, the last-mentioned institution;

f

the Church Commissioners and any institution which is administered by them;

g

any registered society within the meaning of the M2Industrial and Provident Societies Act 1893 and any registered society or branch within the meaning of the M3Friendly Societies Act 1896.

F7h

the Board of Governors of the Museum of London

F8i

the British Library Board.

F9j

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

THIRD SCHEDULEEnlargement of Areas of Local Charities

Section 13.

Annotations:
Amendments (Textual)
F22

Words substituted by virtue of London Government Act 1963 (c. 33), s. 81(9)(c)

Existing area

Permissible enlargement

1.

F22Greater London

Any area comprising F22Greater London

2.

Any area in F22Greater London and not in, or partly in, the city of London.

(i) Any area in F22Greater London and not in, or partly in, the city of London;(ii) the area of F22Greater London exclusive of the city of London;(iii) any area comprising the area of F22Greater London, exclusive of the city of London;(iv) any area partly in F22Greater London and partly in any adjacent parish or parishes (civil or ecclesiastical), and not partly in the city of London.

3.

A F23district

Any area comprising the F23district

4.

Any area in a F23district

(i) Any area in the F23district;(ii) the F23district;(iii) any area comprising the F23district;(iv) any area partly in the F23district and partly in any adjacent F23district.

5.

A parish (civil or ecclesiastical), or two or more parishes, or an area in a parish, or partly in each of two or more parishes.

Any area not extending beyond the parish or parishes comprising or adjacent to the area in column 1.

FOURTH SCHEDULE Court’s Jurisdiction over Certain Charities Governed by or under Statute

Section 15.

1

The court may by virtue of subsection (3) of section fifteen of this Act exercise its jurisdiction with respect to charities—

a

in relation to charities established or regulated by any provision of the M6Seamen’s Fund Winding-up Act 1851 which is repealed by this Act;

b

in relation to charities established or regulated by schemes under the Endowed Schools Acts 1869 to 1948, or section seventy-five of the M7Elementary Education Act 1870 F24or by schemes given effect under section 2 of the M8Education Act 1973;

c

in relation to allotments regulated by sections three to nine of the M9Poor Allotments Management Act 1873;

d

in relation to fuel allotments, that is to say, land which, by any enactment relating to inclosure or any instrument having effect under such an enactment, is vested in trustees upon trust that the land or the rents and profits of the land shall be used for the purpose of providing poor persons with fuel;

e

in relation to charities established or regulated by any provision of the M10Municipal Corporations Act 1883 which is repealed by this Act, or by any scheme having effect under any such provision;

f

in relation to charities regulated by schemes under the M11London Government Act 1899;

g

in relation to charities established or regulated by orders or regulations under section two of the M12Regimental Charitable Funds Act 1935;

h

in relation to charities regulated by section thirty-seven of this Act, or by any such order as is mentioned in that section.

2

Notwithstanding anything in section nineteen of the M13Commons Act 1876, a scheme for the administration of a fuel allotment (within the meaning of the foregoing paragraph) may provide—

a

for the sale or letting of the allotment or any part thereof, for the discharge of the land sold or let from any restrictions as to the use thereof imposed by or under any enactment relating to inclosure and for the application of the sums payable to the trustees of the allotment in respect of the sale or lease; or

b

for the exchange of the allotment or any part thereof for other land, for the discharge as aforesaid of the land given in exchange by the said trustees, and for the application of any money payable to the said trustees for equality of exchange; or

c

for the use of the allotment or any part thereof for any purposes specified in the scheme.

F10F10FIFTH-SCHEDULE

Annotations:
Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

C2SIXTH-SCHEDULE Consequential Amendments.

Section 48.

Annotations:
Amendments (Textual)
F11

Sch. 6 the entry relating to the National Debt (Conversion) Act 1888 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. III

F13

Words in Sch. 6 repealed (1.9.1992) by Charities Act 1992 (c. 41), s. 78(2), Sch.7; S.I. 1992/1900, art. 2(1), Sch.1

Modifications etc. (not altering text)
C2

The text of Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Enactments amended, and subject matter

Amendments

The Places of Worship Registration Act, 1855—

Section nine (exemption from Charitable Trusts Acts).

For the words from “wholly freed” onwards there shall be substituted the words

excepted under subsection (4) of section four of the Charities Act, 1960, from registration under that section; and where a building recorded and used as aforesaid is so excepted, there shall be excepted with it—

a

any forecourt, yard, garden, burial ground, vestry, or caretaker’s house, in respect of situation connected with, and held upon the same trusts as, the building so recorded; and

b

any Sunday-school house or other land or building which is certified by, an order of the Charity Commissioners, made upon the application of one or more of the charity trustees, to be held upon the same trusts as the building so recorded or upon the like trusts, and to be in respect of situation so connected with or held or used in connection with that building that it cannot conveniently be separated from that building.

In this section “building” includes part of a building.

The Charitable Trustees Incorporation Act, 1872—

Section two (estate to vest in body corporate).

For the words “except as hereinafter provided” there shall be substituted the words “except that the foregoing provisions shall not apply to property vested in the official custodian for charities”.

The Schedule (applications for incorporation).

The words “and registered” shall be omitted.

The National Debt (Conversion) Act, 1888—

. . . F11

. . . F11

The Public Libraries Act, 1892—

. . . F12

. . . F12

The Copyhold Act, 1894—

. . . F12

. . . F12

The Open Spaces Act, 1906—

Subsection (1) of section four (transfer by charity trustees of open space to local authority).

For the word “and where the open space is subject to the Charitable Trusts Act, 1853 to 1894, with such authority or approval as is required by those Acts for a sale of the open space and in other cases in pursuance of an order of the court” there shall be substituted the words “and with the sanction of an order of the Charity Commissioners or with that of an order of the court”.

The Land Registration Act, 1925—

Section ninety-eight (land subject to charitable trusts).

For the words “official trustee of charity Iands” there shall be substituted the word “official custodian for charities”.

The Landlord and Tenant Act, 1927—

Section twenty-four (application to charity lands).

In subsection (4), for the words “official trustee of charity lands” there shall be substituted the words “official custodian for charities” and for the words “official trustee” there shall be substituted the word “custodian”.

The Administration of Justice Act, 1928—

Subsection (1) of section fifteen (transfer of funds in court to official trustees of charitable the funds).

The words “subject to the jurisdiction of the Charity Comrnissioners or of the the Board of Education” , shall be omitted, and for the words “official trustees of charitable funds” there shall in, both places be substituted the words “official custodian for charities”.

The Local Government Act, 1933—

Section one hundred and sixty-nine (power of parish council to let land).

For the words from “with such consent or approval” to “charity estates” there shall be substituted the words “with the sanction of an order of the Charity Commissioners” and in the proviso for the words “no consent or approval” there shall be substituted in the first place the words “no order or consent” and in the second place the words “no order”.

Section one hundred and seventy (power of parish council to sell or exchange land).

In subsection (1), for the words “without such consent or approval as is required under the Charitable Trusts Acts, 1853 to 1925, as amended by the Board of Education Act, 1899” there shall be substituted the words “without the sanction of an order of the Charity Commissioners”; and in subsection (2), for the words “the Charitable Trusts Acts, 1853 to 1925, as amended by the Board of Education Act, 1899” there shall be substituted the words “the Charities Act, 1960”.

F13. . .

F13. . .

F13. . .

ii

. . .

iii

. . .

F13. . .

The Income Tax Act, 1952—

. . . F12

. . . F12

8

. . .

The Housing Repairs and Rents Act, 1954—

. . . F12

. . . F12

The Administration of Justice Act, 1956—

Subsection (1) of section fifty-two (transfer of funds in court to official trustees of charitable funds).

The words “subject to the jurisdiction in of the Charity Commissioners or of of the Minister of Education” shall be omitted, and for the words “official trustees of charitable funds” there shall be substituted the words “official custodian for charities”.

The Cathedrals Measure, 1931—

Section twenty-six (exclusion of charities, except as determined by Charity Commissioners).

For the words from “any charity” to “1889” there shall be substituted the words “any charity within the meaning of the Charities Act, 1960, or endowment of such a charity”.

The New Parishes Measure, 1943—

Section fourteen (power of corporations etc. to give or grant land for sites of churches etc.).

At the end of paragraph (b) of subsection (1) there shall be added the of words “but (except in the case of an exempt charity within the meaning of the Charities Act, 1960) only with the sanction of an order of the Charity Commissioners”.

Section thirty-one (saving for charities).

For the words from “to deal with any endowment” onwards there shall be substituted the words “to deal with any endowment belonging to a charity within the meaning of the Charities Act, 1960, except with the consent of the Charity Commissioners or Minister of Education”.

The Re-organisation Areas Measure, 1944—

. . . F12

. . . F12

F14F14SEVENTH-SCHEDULE

Annotations:
Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14