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Charities Act 1960

Status:

This is the original version (as it was originally enacted).

FIRST SCHEDULEConstitution, etc., of Charity Commissioners

1(1)There shall be a Chief Charity Commissioner, and two other commissioners.

(2)Two at least of the commissioners shall be barristers or solicitors.

(3)Subject to sub-paragraph (6) below, 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)Any person holding office as paid commissioner at the passing of this Act shall be entitled to continue in that office on the same conditions as if this Act had not been passed.

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 servants 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 servants so appointed such salaries or remuneration as the Treasury may determine.

(3)Any secretary of the Commissioners holding office on the appointment of Her Majesty at the passing of this Act shall be entitled to continue in that office without re-appointment.

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 Documentary Evidence Act, 1868, as amended by the Documentary 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, two shall be a quorum ; 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.

4Legal 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 SCHEDULEExempt Charities

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 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;

(d)the British Museum ;

(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 Industrial and Provident Societies Act, 1893, and any registered society or branch within the meaning of the Friendly Societies Act, 1896.

THIRD SCHEDULEEnlargement of Areas of Local Charities

Existing areaPermissible enlargement
1. The county of LondonAny area comprising the county of London.
2. Any area in the county of London and not in, or partly in, the city of London.

(i) Any area in the county of London and not in, or partly in, the city of London;

(ii) the area of the county of London, exclusive of the city of London;

(iii) any area comprising the area of the county of London, exclusive of the city of London;

(iv) any area partly in the county of London and partly in any adjacent parish or parishes (civil or ecclesiastical), and not partly in the city of London.

3. A boroughAny area comprising the borough.
4. Any area in a borough

(i) Any area in the borough;

(ii) the borough;

(iii) any area comprising the borough;

(iv) any area partly in the borough and partly in any adjacent parish or parishes (civil or ecclesiastical).

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 SCHEDULECourt's Jurisdiction over Certain Charities Governed by or under statute

1The 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 Seamen'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 Elementary Education Act, 1870 ;

(c)in relation to allotments regulated by sections three to nine of the Poor 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 Municipal 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 London Government Act, 1899 ;

(g)in relation to charities established or regulated by orders or regulations under section two of the Regimental 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.

2Notwithstanding anything in section nineteen of the Commons 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.

FIFTH SCHEDULEEnactments Repealed as Obsolete

Session and ChapterShort TitleExtent of Repeal
33 Hen. 8. c. 27.The Leases by Corporations Act, 1541.The whole Act.
1 Edw. 6. c. 14.The Dissolution of Colleges Act, 1547.The whole Act.
13 Eliz. 1. c. 10.The Ecclesiastical Leases Act, 1571.In section two, the words "master or guardian of any hospital" and the word " hospital".
14 Eliz. 1. c. 14.The Hospitals for the Poor Act, 1572.The whole Act.
39 Eliz. 1. c. 5.The Hospitals for the Poor Act, 1597.The whole Act.
2 & 3 Anne c. 20.The Queen Anne's Bounty Act, 1703.Section one.
9 Geo. 2. c. 36.The Charitable Uses Act, 1735.Section five.
52 Geo. 3. c. 102.The Charitable Donations Registration Act, 1812.The whole Act.
1 & 2 Will. 4. c. 60.The Vestries Act, 1831.Section thirty-nine.
2 & 3 Will. 4. c. 57.The Charities Procedure Act, 1832.Section three.
6 & 7 Will. 4. c. 77.The Ecclesiastical Commissioners Act, 1836.Sections one to eight.
3 & 4 Vict. c. 77.The Grammar Schools Act, 1840.The whole Act.
7 & 8 Vict. c. 45.The Nonconformists Chapels Act, 1844.The whole Act, but without prejudice to the operation of section two as it applies to charities taking effect before the commencement of that Act
14 & 15 Vict. c. 102.The Seamen's Fund Winding-up Act, 1851.The whole Act.
18 & 19 Vict. c. 120.The Metropolis Management Act, 1855.Section one hundred and ninety-nine.
22 Vict. c. 27.The Recreation Grounds Act, 1859.The whole Act.
23 & 24 Vict. c. 11.The Endowed Schools Act, 1860.The whole Act.
23 & 24 Vict. c. 134.The Roman Catholic Charities Act.The whole Act, but without prejudice to the operation of section five as it applies to charities taking effect before the commencement of that Act.
32 & 33 Vict. c. 56.The Endowed Schools Act, 1869.Paragraph (3) of section eight; section thirteen; section twenty-seven; section thirty; section thirty-two from " subject " onwards; section forty-two; section fifty-two; section fifty-five from " and " onwards.
33 & 34 Vict. c. 75.The Elementary Education Act, 1870.Section seventy-five.
36 & 37 Vict. c. 87.The Endowed Schools Act, 1873.Section three.
37 & 38 Vict. c. 87.The Endowed Schools Act, 1874.Section six.
38 & 39 Vict. c. 29.The Endowed Schools (Vested Interests) Act Continuance Act, 1875.The whole Act.
45 & 46 Vict. c. 80.The Allotments Extension Act, 1882.The whole Act, except section six.
46 & 47 Vict. c. 18.The Municipal Corporations Act, 1883.In section three, paragraph (b) of subsection (1) and subsection (2); subsection (2) of section four; sections eight to eleven; in section twelve, the words " or the Charity Commissioners ", the words " and Charity Commissioners " and the words " and charities respectively "; section fourteen to the words " scheme; and "; section twenty; in section twenty-seven the definition of " official trustees ".
59 & 60 Vict. c. 25.The Friendly Societies Act, 1896.Subsection (3) of section forty-seven.
62 & 63 Vict. c. 14.The London Government Act, 1899.Subsections (4) to (6) of section twenty-three.
8 Edw. 7. c. 39.The Endowed Schools (Masters) Act, 1908.The whole Act.

SIXTH SCHEDULEConsequential Amendments

Enactment amended, and subject matterAmendment

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—

Subsection (2) of section twenty-eight (orders of Commissioners as to questions arising out of conversion or exchange).

For the words " subject to the provisions of the Charitable Trusts Acts, 1853 to 1887," there shall be substituted the words

not being an exempt charity within the meaning of the Charities 1 Act, 1960.

The Public Libraries Act, 1892—

Subsection (2) of section sixteen (agreements for use of charity library as public library).

For the words " funds subject to the jurisdiction of the Charity Commissioners " there shall be substituted the words

funds of a charity other than an exempt charity within the meaning of the Charities Act, 1960.

The Copyhold Act, 1894—

Sections seventy-six and seventy-seven (enfranchisement money payable to charities or corporations).

Section seventy-six, and in section seventy-seven the words " within the meaning of the Charitable Trusts Act, 1853, and the Charitable Trusts Amendment Act, 1855," shall be omitted; and these amendments shall apply to the said sections seventy-six and seventy-seven as applied by subsection (4) of section one hundred and thirty-eight or subsection (2) of section one hundred and thirty-nine of the Law of Property Act, 1922.

The Open Spaces Act, 1906—

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

For the words " and where the open space is subject to the Charitable Trusts Acts, 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 lands " there shall be substituted the words

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 funds).

The words " subject to the jurisdiction of the Charity Commissioners or of 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 consentand 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.

The War Charities Act, 1940—

Section five (powers of Charity Commissioners).

In subsection (2), for paragraphs (ii) and (iii) there shall be substituted—

" (ii) order any money or securities held on behalf of the charity to be paid or transferred to the official custodian for charities as in a case falling within subsection (1) of section twenty of the Charities Act, 1960;

" (iii) establish a scheme for the regulation of the charity as in a case falling within section eighteen of that Act, but without the necessity of any application or reference being made to them for the purpose ";

and in subsection (5) for the words from " under the Charitable Trusts Acts, 1853 to 1939 " onwards there shall be substituted the words

in relation to charities under the Charities Act, 1960, and that Act shall apply accordingly.

The Income Tax Act, 1952—

The Eighth Schedule (machinery for collection etc. of tax under Schedule C).

For paragraph 8 of Part I there shall be substituted—

" 8. No deduction of tax under this Part of this Schedule shall be made from any dividends payable in respect of stock, securities or annuities standing in the name of the official custodian for charities, nor from any dividends in respect of which there is given to the Bank of England a certificate from the Charity Commissioners that the dividends are subject only to charitable trusts and are exempt from tax."

The Housing Repairs and Rents Act, 1954—

Section thirty-three (exclusion from Rent Acts of certain lettings).

In subsection (1), in paragraph (d), for the words from " subject " onwards there shall be substituted the words

a charity within the meaning of the Charities Act, 1960.

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 of the Charity Commissioners or 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 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—

Section forty-eight (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.

SEVENTH SCHEDULEEnactments Repealed as Superseded

Part IPrincipal Repeals

A. Acts of Parliament

Session and ChapterShort TitleExtent of Repeal
14Eliz. 1.e. 11The Ecclesiastical Leases Act, 1572.In section five the words " masters or guardians of any hospital" and the words " and hospitals ".
52 Geo. 3. c. 101.The Charities Procedure Act, 1812.The whole Act.
6 & 7 Will. 4. c. 20.The Ecclesiastical Leases Act, 1836.The words "nor any master or guardian of any hospital" in section one, and the words " or hospital" and the words " master or guardian", wherever occurring in sections one, two, four and five.
6 & 7 Will. 4. c. 64.The Ecclesiastical Leases (Amendment) Act, 1836.In section one, the words " master or guardian ", in both places.
13 & 14 Vict. c. 28.The Trustee Appointment Act, 1850.The whole Act.
14 & 15 Vict. c. 56.The Charities (Service of Notice) Act, 1851.The whole Act.
16 & 17 Vict. c. 137.The Charitable Trusts Act, 1853.The whole Act.
17 & 18 Vict. c. 112.The Literary and Scientific Institutions Act, 1854.Section twelve.
18 & 19 Vict. c. 124.The Charitable Trusts Amendment Act, 1855.The whole Act
23 & 24 Vict. c. 136.The Charitable Trusts Act, 1860.The whole Act.
25 & 26 Vict. c. 112.The Charitable Trusts Act, 1862.The whole Act.
32 & 33 Vict. c. 26.The Trustee Appointment Act, 1869.The whole Act.
32 & 33 Vict. c. 56.The Endowed Schools Act, 1869.Section twenty-eight; section thirty-six from " and submit" onwards; section thirty-seven; paragraph (2) of section thirty-nine; in section forty the words from " submit" to " The Committee may", and the word "such"; section forty-nine.
32 & 33 Vict. c. 110.The Charitable Trusts Act, 1869.The whole Act
33 & 34 Vict. c. 75.The Elementary Education Act, 1870.The whole Act, so far as not otherwise repealed.
35 & 36 Vict. c. 24.The Charitable Trustees Incorporation Act, 1872.Section two from " Provided always" onwards; in the Schedule, the words " and ' Registered'".
36 & 37 Vict. c. 19.The Poor Allotments Management Act, 1873.Section sixteen.
36 & 37 Vict. c. 87.The Endowed Schools Act, 1873.Section ten; section thirteen to the word "apply"; section sixteen.
37 & 38 Vict. c. 87.The Endowed Schools Act, 1874.The whole Act, so far as not otherwise repealed.
45 & 46 Vict. c. 65.The Prison Charities Act, 1882.The whole Act.
50 & 51 Vict c. 49.The Charitable Trusts Act, 1887.The whole Act.
51 & 52 Vict. c. 41.The Local Government Act, 1888.In section three, in paragraph (xv), the words " the registration of charitable gifts under the Charitable Donations Registration Act, 1812 ".
52 & 53 Vict. c. 47.The Palatine Court of Durham Act, 1889.Section nine.
53 & 54 Vict. c. 19.The Trustees Appointment Act, 1890.The whole Act.
54 & 55 Vict. c. 17.The Charitable Trusts (Recovery) Act, 1891.The whole Act.
55 & 56 Vict. c. 15.The Charity Inquiries (Expenses) Act, 1892.The whole Act.
56 & 57 Vict c. 73.The Local Government Act, 1894.Section fourteen; paragraph (5) of section nineteen, so far as unrepealed; subsection (4) of section fifty-two.
57 & 58 Vict c. 35.The Charitable Trusts (Places of Religious Worship) Amendment Act, 1894.The whole Act.
57 & 58 Vict. c. 46.The Copyhold Act, 1894.Section seventy-six; in section seventy-seven, the words from " within " to " 1855 ".
59 & 60 Vict. c. 35.The Judicial Trustees Act, 1896.In section six, subsection (2) from " whether " onwards.
8 Edw. 7. c. 36The Small Holdings and Allotments Act, 1908.Subsection (2) of section thirty-three.
4 & 5 Geo. 5. c. 56.The Charitable Trusts Act, 1914.The whole Act.
8 & 9 Geo. 5. c. 39.The Education Act, 1918.Section forty-five.
9 & 10 Geo. 5. c. 65.The Welsh Church (Temporalities) Act, 1919.Subsection (1) of section seven, from " except" onwards.
15 & 16 Geo. 5. c. 18.The Settled Land Act, 1925.In section twenty-nine, in subsection (2), the words " the official trustee of charity lands or any other" and the words " official trustee or other", and in subsection (5) the words " including the official trustee of Charity lands ".
15 & 16 Geo. 5. c. 27.The Charitable Trusts Act, 1925.The whole Act.
18 & 19 Geo. 5. c. 26.The Administration of Justice Act, 1928.In section fifteen, in subsection (1), the words " subject to the jurisdiction of the Charity Commissioners or of the Board of Education ".
25 & 26 Geo. 5. c. 11.The Regimental Charitable Funds Act, 1935.Subsection (3) of section two.
1 & 2 Geo. 6. c. 63.The Administration of Justice (Miscellaneous Provisions) Act, 1938.In section fifteen, paragraph (a) of subsection (4).
2 & 3 Geo. 6. c. 26.The Charities (Fuel Allotments) Act, 1939.The whole Act.
10 & 11 Geo. 6. c. 44.The Crown Proceedings Act, 1947.In section twenty-three, in subsection (3), paragraph (d) and the word " educational" in paragraph (e).
11 & 12 Geo. 6. c. 40.The Education (Miscellaneous Provisions) Act, 1948.Section one.
14 & 15 Geo. 6. c. 39.The Common Informers Act, 1951.In the Schedule, the reference to the Leases by Corporations Act, 1541.
4 & 5 Eliz. 2. c.46.The Administration of Justice Act, 1956.In section fifty-two, in subsection (1), the words " subject to the jurisdiction of the Charity Commissioners or of the Minister of Education ".
5 & 6 Eliz. 2. c. 20.The House of Commons Disqualification Act, 1957.In Part III of the First Schedule, the entry beginning " Charity Commissioner ".
5 & 6 Eliz. 2. c. 42.The Parish Councils Act, 1957.Section eleven.
7 & 8 Eliz. 2. c. 22.The County Courts Act, 1959.In section two hundred and five, paragraph (a) of subsection (5).

B. Church Assembly Measures

Session and NumberShort TitleExtent of Repeal
10 &11Geo. 6. No. 2.The Church Commissioners Measure, 1947.Subsection (3) of section eight.
6 & 7 Eliz. 2. No. 1.The Church Funds Investment Measure, 1958.Subsection (2) of section five, from " except" onwards.

C. Orders in Council

Year and NumberShort TitleExtent of Repeal
S.R. & O.1900 No. 600.The Board of Education (Powers) Order in Council, 1900.The whole Order.
S.R. & O.1901 No. 587.The Board of Education (Powers) Order in Council, 1901.The whole Order.
S.R. & O.1902 No. 647.The Board of Education (Powers) Order in Council, 1902.The whole Order.
S.R. & O.1927 No. 55.The Overseers Order, 1927.Articles 9 to 11; in Article 12, in paragraph (5), the words " the Board of Education or the Charity Commissioners ".
S.I. 1949 No. 1845.The Minister of Education (Transfer of Functions) Order, 1949.The whole Order.
S.I. 1950 No. 520.The Minister of Education (Transfer of Functions) (Removal of Doubt) Order, 1950.The whole Order.

Part IIMortmain Repeals

A. Acts of Parliament

Session and ChapterShort TitleExtent of Repeal
18 Edw. 1. Stat. 1.The Statute of Westminster the Third (Quia Emptores).Section three, to the words " of late".
17 Car. 2. c. 3The Augmentation of Benefices Act, 1665.The whole Act, so far as unrepealed.
29 Car. 2. c. 8The Augmentation of Benefices Act, 1677.In section one the words " the statute of mortmain or " and the word " other " where next occurring.
2 & 3 Anne c. 20.The Queen Anne's Bounty Act, 1703.The whole Act, so far as not otherwise repealed.
42 Geo. 3. c. 116.The Land Tax Redemption Act, 1802.In section nine the words " statutes of mortmain or other"; section fifty; sections one hundred and sixty-one and one hundred and sixty-two.
43 Geo. 3. c. 107.The Queen Anne's Bounty Act. 1803.The preamble and section one.
43 Geo. 3. c. 108.The Gifts for Churches Act, 1803.Sections one to three; section four from " and such last-mentioned person " onwards.
51 Geo. 3. c. 115.The Gifts for Churches Act, 1811.The preamble; in section one the words from " and such person " to " mortmain or " except the word " notwithstanding ", and the words from " or to alter " onwards; in section two, the words " statute prohibiting any alienation in mortmain or other ".
55 Geo. 3. c. 147.The Glebe Exchange Act, 1815.In section one, the words from " without any licence " to " notwithstanding "; section four; section five; section six from " without any licence " onwards.
7 Geo. 4. c. 16.The Chelsea and Kilmainham Hospitals Act, 1826.In section forty-four, the words " the statutes of mortmain or " and the word " other " where next occurring.
7 Geo. 4. c. 66.The Clergy Residence Act, 1826.Section one from " without any licence " to " notwithstanding ".
2 & 3 Will. 4. c. 115.The Roman Catholic Charities Act, 1832.Section five.
4 & 5 Vict. c. 39.The Ecclesiastical Commissioners Act, 1841.In section thirteen, the words from " the statutes of mortmain " to " notwithstanding ", and the words " of holding in mortmain ".
7 & 8 Vict. c. 37.The School Sites Act. 1844.Section three.
12 & 13 Vict. c. 49.The School Sites Act, 1849.In section four, the words from "and such" to "thereof".
17 & 18 Vict. c. 112.The Literary and Scientific Institutions Act, 1854.Section fourteen.
21 & 22 Vict. c. 57.The Ecclesiastical Leasing Act, 1858.In section two, the words from " the statute of mortmain " to " notwithstanding ".
26 & 27 Vict. c. 106.The Charity Lands Act, 1863.The whole Act.
26 & 27 Vict.The Lord Chancellor'sIn section twenty, the words
c. 120. 28 & 29 Vict. c. 89.Augmentation Act. The Greenwich Hospital Act, 1865." without licence in mortmain." Section forty-three.
29 & 30 Vict. c. 111.The Ecclesiastical Commissioners Act, 1866.In section nine the words " and hold without licence in mortmain ".
29 & 30 Vict. c. 122.The Metropolitan Commons Act, 1866.Section thirty-one.
30 & 31 Vict. c. 133.The Consecration of Churchyards Act, 1867.Section four from " and such conveyance " onwards.
31 & 32 Vict. c. 118.The Public Schools Act, 1868.In section five the words "with power to hold land for the purposes of the school without licence of mortmain ".
32 & 33 Vict. c. 58.The Public Schools Act, 1869.Section two from " and with" onwards.
33 & 34 Vict. c. 34.The Charitable Funds Investment Act, 1870.The whole Act.
33 & 34 Vict. c. 39.The Church Patronage Act, 1870.Section one from " and provided" onwards.
35 & 36 Vict. c. 24.The Charitable Trustees Incorporation Act, 1872.In section one the words "notwithstanding the statutes of mortmain ".
36 & 37 Vict. c. 50.The Places of Worship Sites Act, 1873.Section four, from " One witness " onwards.
38 & 39 Vict. c. 34.The Bishopric of St. Albans Act, 1875.In section thirteen, the words " and may hold such land without any license in mortmain ".
38 & 39 Vict. c. 68.The Department of Science and Art Act, 1875.The whole Act.
39 & 40 Vict. c. 54.The Bishopric of Truro Act, 1876.In section eight, the words " and may hold such land without any license in mortmain ".
39 & 40 Vict. c. 56.The Commons Act, 1876.In section eight, the words " without license in mortmain ".
40 & 41 Vict. c. 48.The Universities of Oxford and Cambridge Act, 1877.Section sixty.
41 & 42 Vict. c. 68.The Bishoprics Act, 1878.Section two from " Such contributions may" onwards; in section eight, the words " and may hold such land without any licence in mortmain ".
50 & 51 Vict. c. 12.The Truro Bishopric and Chapter Acts Amendment Act, 1887.In section three, the words from " and the bishop " to " notwithstanding ".
51 & 52 Vict. c. 41.The Local Government Act, 1888.In section sixty-four, subsection (5), from " and with power" onwards.
51 & 52 Vict. c. 42.The Mortmain and Charitable Uses Act, 1888.The whole Act.
53 & 54 Vict. c. 16.The Working Classes Dwellings Act, 1890.The whole Act.
54 & 55 Vict. c. 40.The Brine Pumping (Compensation for Subsidence) Act, 1891.In section ten, subsection (1), from " and with power " onwards.
54 & 55 Vict. c. 73.The Mortmain and Charitable Uses Act, 1891.The whole Act.
55 & 56 Vict. c. 11.The Mortmain and Charitable Uses Act Amendment Act, 1892.The whole Act.
55 & 56 Vict. c. 29.The Technical and Industrial Institutions Act, 1892.Section ten.
55 & 56 Vict. c. 53.The Public Libraries Act, 1892.Subsection (2) of section five from "with power" onwards; subsection (3) of section thirteen.
61 & 62 Vict. c. 24.The Greenwich Hospital Act, 1898.Section one.
2 Edw. 7. c. 41The Metropolis Water Act, 1902.Subsection (2) of section one from " having " onwards.
3 Edw. 7. c. 20The Patriotic Fund Reorganisation Act, 1903.Subsection (1) of section one from " and power " onwards.
3 & 4 Geo. 5. c. 32.The Ancient Monuments Consolidation and Amendment Act, 1913.Section twenty.
4 & 5 Geo. 5. c. 91.The Welsh Church Act, 1914.Subsection (2) of section thirteen from " with power " onwards.
6 & 7 Geo. 5. c. 60.The Sailors and Soldiers (Gifts for Land Settlement) Act, 1916.Subsection (2) of section one.
10 & 11 Geo. 5. c. 16.The Imperial War Museum Act, 1920.Subsection (1) of section one from " and power " onwards.
13 & 14 Geo. 5. c. 16.The Salmon and Freshwater Fisheries Act, 1923.In section fifty-two, the words " without licence in mortmain ".
13 & 14 Geo. 5. c. 33.The Universities of Oxford and Cambridge Act, 1923.Section nine.
15 & 16 Geo. 5. c. 18.The Settled Land Act, 1925.Subsection (4) of section twenty-nine.
17 & 18 Geo. 5. c. 40.The Indian Church Act, 1927.In subsection (1) of section six, the words " with power to hold land without licence in mortmain ".
20 & 21 Geo. 5. c. 44.The Land Drainage Act, 1930.Subsection (2) of section one from " with power " onwards.
21 & 22 Geo. 5. c. 32.The Architects (Registration) Act, 1931.Subsection (1) of section three from " and power " onwards.
23 & 24 Geo. 5. c. 51.The Local Government Act, 1933.In section two, subsection (2) from " and power " onwards; in section seventeen, subsection (3); in section thirty-one and in section thirty-two, subsection (2) from " and power" onwards; in section forty-seven, in subsection (3) the words from " and power " to " mortmain "; in section forty-eight, subsection (2) from " and power " onwards.
25 & 26 Geo. 5. c. 9.The Herring Industry Act, 1935.Subsection (1) of section one from " and power " onwards.
26 & 27 Geo. 5. & 1 Edw. 8. c. 49.The Public Health Act, 1936.Subsection (3) of section six from " and power " onwards; subsection (2) of section eight from " and power " onwards; subsection (3) of section three hundred and fifteen from " and power " onwards.
26 Geo. 5 & 1 Edw. 8. c. 50.The Public Health (London) Act, 1936.Section two hundred and seventy-three.
2 & 3 Geo. 6. c. 40.The London Government Act, 1939.Subsection (2) of section two from " with power " onwards; subsection (2) of section seventeen from " with power " onwards.
6 & 7 Geo. 6. c. 5.The Minister of Town and Country Planning Act, 1943.In section eight, paragraph (d) of subsection (1).
7 & 8 Geo. 6. c. 31.The Education Act, 1944.Section eighty-seven; in the First Schedule, paragraph 2, from " and power " onwards.
9 & 10 Geo. 6. c. 46.The Police Act, 1946.Subsection (1) of section five from " and with " onwards.
9 & 10 Geo. 6. c. 59.The Coal Industry Nationalisation Act, 1946.Subsection (1) of section two from " and power " onwards; subsection (4) of section forty-one.
9 & 10 Geo. 6. c. 68.The New Towns Act, 1946.Subsection (1) of section two from " and power " onwards; subsection (4) of section twenty-five.
9 & 10 Geo. 6. c. 81.The National Health Service Act, 1946.In subsection (1) of section fifteen, the words from " with power " to " mortmain "; subsection (2) of section fifty-nine; in the Third Schedule, paragraph 1 of Part IV from " and power" onwards; in the Fourth Schedule, paragraph 1 of Part I from " and power " onwards; in the Fifth Schedule, in paragraph 2, the words from "and with" to "Provided that".
10 & 11 Geo. 6. c. 49.The Transport Act, 1947.In the First Schedule, paragraph 1 from " and power " onwards.
10 & 11Geo. 6. c. 54.The Electricity Act, 1947.Subsection (1) of section three from " and power " onwards.
11 & 12 Geo. 6. c. 29.The National Assistance Act, 1948.In the Third Schedule, paragraph 10 from " and power " onwards.
11 & 12 Geo. 6. c. 32.The River Boards Act, 1948.In the Second Schedule, paragraph 1 from " and power " onwards.
11 & 12 Geo. 6. c. 38.The Companies Act, 1948.Section fourteen; section four hundred and eight; in section four hundred and fifty-four, in paragraph (b) of subsection (2), the words " the Second Schedule and"; the Second Schedule.
11 & 12 Geo. 6. c. 60.The Development of Inventions Act, 1948.In the Schedule, paragraph 1 from " and " onwards.
11 & 12 Geo. 6. c. 67.The Gas Act, 1948.Subsection (1) of section five from " and power " onwards.
12, 13 & 14 Geo. 6. c. 20.The Cinematograph Films Production (Special Loans) Act, 1949.In paragraph 1 of the Schedule, the words " to hold land and ".
12, 13 & 14 Geo. 6. c. 51.The Legal Aid and Advice Act, 1949.Subsection (10) of section eight.
12, 13 & 14 Geo. 6. c. 91.The Air Corporations Act, 1949.Paragraph 15 of the First Schedule.
14 & 15 Geo. 6. c. 30.The Sea Fish Industry Act, 1951.In the First Schedule, paragraph 1 from " and power " onwards.
14 & 15 Geo. 6. c. 53.The Midwives Act, 1951.In the First Schedule, paragraph 5 from " and power " onwards.
15 & 16 Geo. 6 & 1 Eliz. 2. c. 52.The Prison Act, 1952.In subsection (4) of section two, the words " with power to hold land so far as may be necessary for the purposes of this Act".
1 & 2 Eliz. 2. c. 33.The Education (Miscellaneous Provisions) Act, 1953.Section fifteen.
2 & 3 Eliz. 2. c. 55.The Television Act, 1954.In the First Schedule, paragraph 1 from " and power " onwards.
4 & 5 Eliz. 2. c. 48.The Sugar Act, 1956.In the Second Schedule, paragraph 1 from " and power " onwards.
4 & 5 Eliz. 2. c. 76.The Medical Act, 1956.Subsection (2) of section one from " with power " onwards.
5 & 6 Eliz. 2. c. 15.The Nurses Act, 1957.In the First Schedule, paragraph 8 from " and power " onwards.
5 & 6 Eliz. 2. c. 28.The Dentists Act, 1957.In the First Schedule, paragraph 1 from " and shall " onwards.
5 & 6 Eliz. 2. c. 56.The Housing Act, 1957.Section one hundred and fifty-three.
6 & 7 Eliz. 2. c. 32.The Opticians Act, 1958.In the Schedule, paragraph 10 from " and power " onwards.
6 & 7 Eliz. 2. c. 47.The Agricultural Marketing Act, 1958.In the Second Schedule, paragraph 1 from " and power" onwards.
6 & 7 Eliz. 2. c. 55.The Local Government Act, 1958.In the Seventh Schedule, sub-paragraph (1) of paragraph 13.
7 & 8 Eliz. 2. c. 23.The Overseas Resources Development Act, 1959.In the First Schedule, paragraph 1 from " and power " onwards.
7 & 8 Eliz. 2. c. 62.The New Towns Act, 1959.In subsection (1) of section two the words " and power to hold land without licence in mortmain ".
8 & 9 Eliz. 2. c. 18.The Local Employment Act, 1960.In the First Schedule, paragraph 1 from " and power " onwards, and paragraph 10.
8 & 9 Eliz. 2. c. 22.The Horticulture Act, 1960.In subsection (1) of section nine, the words " and power to hold land without licence in mortmain "; subsection (1) of section fifteen, from " and power" onwards.

B. Church Assembly Measures

Session and NumberShort TitleExtent of Repeal
14 & 15 Geo. 5. No. 4.The Bishopric of Blackburn Measure, 1923.Section two from " Such contributions may" onwards; in subsection (3) of section ten, the words " and may hold such land without any licence in mortmain ".
14 & 15 Geo. 5. No. 5.The Diocese of South-well (Division) Measure, 1923.Section two from " Such contributions may" onwards; in subsection (3) of section ten, the words " and may hold such land without any licence in mortmain ".
14 & 15 Geo. 5. No. 6.The Diocese of Winchester (Division) Measure, 1923.Section two from " Such contributions may" onwards; in section thirteen, the words " and may hold such land without any licence in mortmain ".
15 & 16 Geo. 5. No. 2.The Bishopric of Leicester Measure, 1925.Section two from " Such contributions may" onwards; in subsection (3) of section twelve, the words " and may hold such land without any licence in mortmain ".
22&23 Geo. 5. No. 1.The Benefices (Diocesan Boards of Patronage) Measure, 1932.In section two, the words " without any licence in mortmain being required."
24 & 25 Geo. 5. No. 3.The Cathedrals (Amendment) Measure, 1934.In paragraph (i) of section one, the words from " with power " to " mortmain ".
1 & 2 Geo. 6. No. 3.The Parsonages Measure, 1938.In subsection (1) of section nine, paragraph (ii), with the preceding " and ".
6 & 7 Geo. 6. No. 1.The New Parishes Measure, 1943.In section three, paragraph (b) from "with power" onwards; in section four, paragraph (2) from "and shall have power" onwards; in section thirteen, in subsection (1) the words from " and may hold" to " that Act", and subsection (2) from " and may hold" onwards; in subsection (3) of section fourteen, the words from " for any " to " and ".
10 & 11 Geo. 6. No. 2.The Church Commissioners Measure, 1947.In section one, in subsection (1), the words " and power to acquire and hold land without licence in mortmain ".
11 & 12 Geo. 6. No. 1.The Clergy Pensions Measure, 1948.Subsection (1) of section thirty-six from " and may " onwards.
8 & 9 Eliz. 2. No. 1.The Church Property (Miscellaneous Provisions) Measure, 1960.Section twenty-three.

Table of Statutes referred to in this Act

Short TitleSession and Chapter
Ecclesiastical Leases Act, 157113 Eliz. 1. c. 10.
Ecclesiastical Leases Act, 157214 Eliz. 1. c. 11.
Ecclesiastical Leases Act, 157518 Eliz. 1. c. 11.
Charitable Uses Act, 160143 Eliz. 1. c. 4.
Charities Procedure Act, 181252 Geo. 3. c. 101.
Ecclesiastical Leases Act, 18366 & 7 Will. 4. c. 20.
Trustee Appointment Act, 185013 & 14 Vict. c. 28.
Seamen's Fund Winding-up Act, 185114 & 15 Vict. c. 102.
School Sites Act, 185215 & 16 Vict. c. 49.
Charitable Trusts Act, 185316 & 17 Vict. c. 137.
Literary and Scientific Institutions Act, 185417 & 18 Vict. c. 112.
Places of Worship Registration Act, 185518 & 19 Vict. c. 81.
Charitable Trusts Amendment Act, 185518 & 19 Vict. c. 124.
Documentary Evidence Act, 186831 & 32 Vict. c. 37.
Trustee Appointment Act, 186932 & 33 Vict. c. 26.
Endowed Schools Act, 186932 & 33 Vict. c. 56.
Elementary Education Act, 187033 & 34 Vict. c. 75.
Charitable Trustees Incorporation Act, 187235 & 36 Vict. c. 24.
Poor Allotments Management Act, 187336 & 37 Vict. c. 19.
Commons Act, 187639 & 40 Vict. c. 56.
Documentary Evidence Act, 188245 & 46 Vict. c. 9.
Municipal Corporations Act, 188346 & 47 Vict. c. 18.
National Debt (Conversion) Act, 188851 & 52 Vict. c. 2.
Mortmain and Charitable Uses Act, 188851 & 52 Vict. c. 42.
Interpretation Act, 188952 & 53 Vict. c. 63.
Trustees Appointment Act, 189053 & 54 Vict. c. 19.
Mortmain and Charitable Uses Act, 189154 & 55 Vict. c. 73.
Mortmain and Charitable Uses Act Amendment Act, 189255 & 56 Vict. c. 11.
Public Libraries Act, 189255 & 56 Vict. c. 53.
Industrial and Provident Societies Act, 189356 & 57 Vict. c. 39.
Local Government Act, 189456 & 57 Vict. c. 73.
Copyhold Act, 189457 & 58 Vict. c. 46.
Friendly Societies Act, 189659 & 60 Vict. c. 25.
London Government Act, 189962 & 63 Vict. c. 14.
Board of Education Act, 189962 & 63 Vict. c. 33.
Open Spaces Act, 19066 Edw. 7. c. 25.
Public Trustee Act, 19066 Edw. 7. c. 55.
Law of Property Act, 192212 & 13 Geo. 5. c. 16.
Trustee Act, 192515 & 16 Geo. 5. c. 19.
Land Registration Act, 192515 & 16 Geo. 5. c. 21.
Land Charges Act, 192515 & 16 Geo. 5. c. 22.
Supreme Court of Judicature (Consolidation) Act, 192515 & 16 Geo. 5. c. 49.
Landlord and Tenant Act, 192717 & 18 Geo. 5. c. 36.
Administration of Justice Act, 192818 & 19 Geo. 5. c. 26.
Local Government Act, 193323 & 24 Geo. 5. c. 51.
Regimental Charitable Funds Act, 193525 & 26 Geo. 5. c. 11.
War Charities Act, 19403 & 4 Geo. 6. c. 31.
Education Act, 19447 & 8 Geo. 6. c. 31.
Statutory Instruments Act, 19469 & 10 Geo. 6. c. 36.
Companies Act, 194811 & 12 Geo. 6. c. 38.
Income Tax Act, 195215 & 16 Geo. 6. and 1 Eliz. 2. c. 10.
Housing Repairs and Rents Act, 19542 & 3 Eliz. 2. c. 53.
Administration of Justice Act, 19564 & 5 Eliz. 2. c. 46.
House of Commons Disqualification Act, 19575 & 6 Eliz. 2. c. 20.
Prevention of Fraud (Investments) Act, 19586 & 7 Eliz. 2. c. 45.
Mental Health Act, 19597 & 8 Eliz. 2. c. 72.

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