Charities Act 1960 (repealed)

Textual Amendments applied to the whole legislation

F32 Act repealed (1.8.1993) except ss. 28(9), 35(6), 38(3)-(5), 39(2), 48, 49, Sch. 6 by 1993 c. 10, ss. 98(2), 99(1), Sch.7 (with savings (temp) in s. 99(3), Sch. 8 Pt. I)

F1 SCHEDULES

Section 1.

F2 FIRST SCHEDULE E+W+N.I. Constitution, etc., of Charity Commissioners

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Textual Amendments

F2 Act repealed (1.8.1993) except ss. 28(9), 35(6), 38(3)-(5), 39(2), 48, 49, Sch. 6 by 1993 c. 10, ss. 98(2), 99(1), Sch.7

Sections 4 & 45.

F10 SECOND SCHEDULE E+W+N.I. Exempt Charities

Textual Amendments

F10 Act repealed (1.8.1993) except ss. 28(9), 35(6), 38(3)-(5), 39(2), 48, 49, Sch. 6 but Pt. V continued in force (temp) by 1993 c. 10, ss. 98(2), 99(1)(3), Sch.7, Sch. 8 Pt. I

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 M3 Places 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;

[F11 (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.]

[F12 (ce) 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;]

[F13 (ce) the Board of Trustees of the National Museums and Galleries on Merseyside.]

[F14 (d) the Trustees of the British Museum and the Trustees of the Natural History Museum;]

[F15 [F16 (da) the National Gallery Trustees;

(db) the Tate Gallery Trustees;

(dc) the National Portrait Gallery;

(dd) the Wallace Collection Trustees;]]

(e) 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 M4 Industrial and Provident Societies Act 1893 and any registered society or branch within the meaning of the M5 Friendly Societies Act 1896.

[F17 (h) the Board of Governors of the Museum of London]

[F18 (i) the British Library Board].

[F19 (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19 ]

Textual Amendments

F11 Sch. 2 paras. (ca)–(cd) inserted by National Heritage Act 1983 (c. 47, SIF 3, 78), s. 40, Sch. 5 para. 4

F12 Sch. 2 para. (ce)-(ch) inserted (1.9.1992) by Museums and Galleries Act 1992 (c. 44), s. 11(2), Sch. 8 Pt. II para. 10(1); S.I. 1992/1874, art.2

F13 Sch. 2 para. (ce) inserted by S.I. 1990/1765, art. 3(1)(b)

F14 Sch. 2 para. (d) substituted (1.9.1992) by Museums and Galleries Act 1992 (c. 44), s. 11(2), Sch. 8 Pt. I para.4; S.I. 1992/1874, art.2

F15 Sch. 2 para. (da)-(dd) inserted (prosp.) by Charities Act 1992 (c. 41), ss. 47, 79(2), sch. 3 para.22

F16 Sch. 2 para. (da)-(dd) repealed (prosp.) by Museums and Galleries Act 1992 (c. 44), s. 11(2)(3)(4), Sch. 8 Pt. II para. 10(2), Sch. 9

F17 Para. (h) added by Museum of London Act 1965 (c. 17), s. 11

F18 Para. (i) added by British Library Act 1972 (c. 54), s. 4(2)

F19 Sch. 2 para. (j) inserted after para. (i) by S.I. 1986/452, art. 5(1) and repealed by S.I. 1990/1765, art. 3(1)(a)

Modifications etc. (not altering text)

C2 Sch. 2 para. (e) extended by Education Reform Act 1988 (c. 40, SIF 41:1), s. 237(1), Sch. 12 paras. 10, 63, 64(3)

Sch. 2 para. (e) extended (30.9.1992) by the Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8, Pt. II, para.69(1)(2); S.I. 1992/831, art. 2, Sch.2

Marginal Citations

M3 1855 c. 81.

M4 1893 c. 39.

M5 1896 c. 25.

Section 13.

F20 THIRD SCHEDULE E+W+N.I. Enlargement of Areas of Local Charities

Textual Amendments

F20 Act repealed (1.8.1993) except ss. 28(9), 35(6), 38(3)-(5), 39(2), 48, 49, Sch. 6 by 1993 c. 10, ss. 98(2), 99(1), Sch.7

Existing area	Permissible enlargement
1.	[F21 Greater London]	Any area comprising [F21 Greater London]
2.	Any area in [F21 Greater London] and not in, or partly in, the city of London.	(i) Any area in [F21 Greater London] and not in, or partly in, the city of London;(ii) the area of [F21 Greater London] exclusive of the city of London;(iii) any area comprising the area of [F21 Greater London], exclusive of the city of London;(iv) any area partly in [F21 Greater London] and partly in any adjacent parish or parishes (civil or ecclesiastical), and not partly in the city of London.
3.	A [F22 district]	Any area comprising the [F22 district]
4.	Any area in a [F22 district]	(i) Any area in the [F22 district];(ii) the [F22 district];(iii) any area comprising the [F22 district];(iv) any area partly in the [F22 district] and partly in any adjacent [F22 district].
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.

Textual Amendments

F21 Words substituted by virtue of London Government Act 1963 (c. 33), s. 81(9)(c)

F22 Words substituted by Local Government Act 1972 (c. 70), s. 210(9)(f)

Section 15.

F23 FOURTH SCHEDULE E+W+N.I. Court’s Jurisdiction over Certain Charities Governed by or under Statute

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Textual Amendments

F23 Act repealed (1.8.1993) except ss. 28(9), 35(6), 38(3)-(5), 39(2), 48, 49, Sch. 6 by 1993 c. 10, ss. 98(2), 99(1), Sch.7

F25 F25 FIFTH-SCHEDULE E+W+N.I.

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Textual Amendments

F25 Sch. 1 paras. 1(6), 2(3) & Sch. 5 repealed by Education Act 1973 (c. 16), Sch. 2 Pt. I

Section 48.

SIXTH-SCHEDULE E+W+N.I. Consequential Amendments.

Modifications etc. (not altering text)

C3 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. ”
F26 . . .
F26 . . .	F26 . . .
F26 . . .	F26 . . .
The National Debt (Conversion) Act, 1888—
. . . F27	. . . F27
The Public Libraries Act, 1892—
. . . F28	. . . F28
The Copyhold Act, 1894—
. . . F28	. . . F28
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”.
F29 . . .
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”.
F26 . . .
F26 . . .	F26 . . .
F26 . . .	F26 . . .
F30 . . .
F30 . . .	F30 . . . “(ii) . . . (iii) . . .”; F30 . . .
The Income Tax Act, 1952—
. . . F28	. . . F28 “8 . . .”
The Housing Repairs and Rents Act, 1954—
. . . F28	. . . F28
F26 . . .
F26 . . .	F26 . . .
F26 . . .
F26 . . .	F26 . . .
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—
. . . F28	. . . F28

Textual Amendments

F26 Sch. 6 entries repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 4

F27 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

F28 Entries repealed by Public Libraries and Museums Act 1964 (c. 75), Sch, 3, Rent Act 1968 (c. 23), Sch. 17, Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. III, Income and Corporation Taxes Act 1970 (c. 10) Sch. 16, Education Act 1973 (c. 16), Sch. 2 Pts. I, III and Administration of Justice Act 1977 (c. 38), Sch. 5 Pt. VI

F29 Sch. 6 entry repealed (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)

F30 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

F31 F31 SEVENTH-SCHEDULE E+W+N.I.

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Textual Amendments

F31 Sch. 7 repealed by Education Act 1973 (c. 16), Sch. 2 Pt. I