Search Legislation

The Charities Act 1992 (Commencement No. 1 and Transitional Provisions) Order 1992

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Instruments

1992 No. 1900 (C.64)

CHARITIES

The Charities Act 1992 (Commencement No. 1 and Transitional Provisions) Order 1992

Made

28th July 1992

In exercise of the powers conferred upon me by sections 77(3) and 79(2) of the Charities Act 1992(1), I hereby make the following Order:

1.—(1) This Order may be cited as the Charities Act 1992 (Commencement No. 1 and Transitional Provisions) Order 1992.

(2) In this Order—

“the 1992 Act ” means the Charities Act 1992, and

“the 1960 Act ” means the Charities Act 1960(2).

2.—(1) Subject to paragraphs (2) to (5) below, the provisions of the 1992 Act which are specified in Schedule 1 to this Order shall come into force on 1st September 1992.

(2) Without prejudice to sections 16 and 17 of the Interpretation Act 1978(3), nothing in the commencement of section 6(6) of the 1992 Act, which omits section 6(9) of the 1960 Act, or section 54(2) of the 1992 Act, or the commencement of the repeal of the said section 6(9) by Schedule 7 to the 1992 Act shall have effect for the purposes of offences committed or alleged to have been committed under the said section 6(9) before 1st September 1992.

(3) Until such time as the definition of “financial year ” in section 1(1) of the 1992 Act comes into force (together with the regulations which are to be made by virtue of section 20(2) of that Act and which are referred to in paragraph (b) of that definition), the expression “financial year ” in sections 43(1) and 44(1) of the 1992 Act means any period in respect of which an income and expenditure account is required to be prepared whether under section 32 of the 1960 Act or by or under the authority of any other Act, whether that period is a year or not.

(4) The commencement of paragraph 3 of Schedule 3 to the 1992 Act (which replaces section 9(1) to (3) of the 1960 Act with a new section 9) shall have effect as from 1st September 1992 to the extent that subsections (1) and (3) of section 9 of the 1960 Act(4) cease to have effect, but the replacement of section 9(2) by the section set out in that paragraph shall not have effect until 1st January 1993.

(5) The commencement of the repeal of the Charities Act 1985(5) by Schedule 7 to the 1992 Act shall not include section 1 of that Act of 1985 and, without prejudice to the generality of sections 16 and 17 of the Interpretation Act 1978, the commencement of the repeal of that Act of 1985 shall not have effect for the purposes of any resolution duly passed under sections 2, 3 or 4 of that Act.

3.—(1) to paragraph (2) below, the provisions of the 1992 Act which are specified in Schedule 2 to this Order shall come into force on 1st November 1992.

(2) Without prejudice to sections 16 and 17 of the Interpretation Act 1978, the amendment made by section 8(9) of the 1992 Act shall not have effect for the purposes of any offence committed or alleged to have been committed before 1st November 1992.

4.—(1) Subject to paragraphs (2) and (3) below, the provisions of the 1992 Act which are specified in Schedule 3 to this Order shall come into force on 1st January 1993.

(2) Until such time as the definition of “financial year ” in section 1(1) of the 1992 Act comes into force (together with the regulations which are to be made by virtue of section 20(2) of that Act and which are referred to in paragraph (b) of that definition), the expression “financial year ” in section 3(1) of the 1992 Act—

(a)in relation to a charity which is a company, shall be construed in accordance with section 223 of the Companies Act 1985(6); and

(b)in relation to any other charity, means any period in respect of which an income and expenditure account is required to be prepared whether under section 32 of the 1960 Act or by or under the authority of any other Act, whether that period is a year or not.

(3) Without prejudice to section 16 of the Interpretation Act 1978, the repeal by section 37(5) of, and Schedule 7 to, the 1992 Act of subsections (2) to (8) of section 27 of the 1960 Act shall not affect any notice to treat given prior to 1st January 1993.

Kenneth Clarke

One of Her Majesty’s Principal Secretaries of State

Home Office

28th July 1992

Article 2

SCHEDULE 1PROVISIONS OF THE 1992 ACT COMING INTO FORCE ON 1ST SEPTEMBER 1992

Provisions of the Act Subject matter of provisions
Section 1 except the definitions of “financial year ”, “independent examiner ” and “special trust ” in subsection (1) and subsection (3)Interpretation of Part I, etc.
Section 2The register of charities
Section 4Power of Commissioners to require charity’s name to be changed
Section 5Effect of a direction under s.4 where charity is a company
Section 6General power to institute inquiries
Section 7Power of Commissioners to obtain information and documents
Section 11Report of inquiry held by Commissioners to be evidence in certain proceedings
Section 13Commissioners' concurrent jurisdiction with High Court for certain purposes
Section 14Trust corporations appointed by Commissioners under 1960 Act
Section 16Common deposit funds
Section 17Power of Commissioners to authorise certain ex gratia payments etc. by charities
Section 29Divestment of charity property held by official custodian for charities
Section 30Provisions supplementary to s.29
Section 31Divestment in the case of land subject to Reverter of Sites Act 1987
Section 38Relaxation of restrictions on wider-range investments
Section 39Extension of powers of investment
Section 43Small charities: power to transfer all property, modify objects etc.
Section 44Small charities: power to spend capital
Section 47Minor and consequential amendments of 1960 Act
Section 49Amendment of Redundant Churches and Other Religious Buildings Act 1969
Section 50Contributions towards maintenance etc. of almshouses
Section 51Fees and other amounts payable to Commissioners
Section 52Disclosure of information to and by Commissioners
Section 53Data protection
Section 54Supply of false or misleading information to Commissioners etc.
Section 55Restriction on institution of proceedings for certain offences
Section 56Enforcement of requirements by order of Commissioners, and other provisions as to orders made by them
Section 57Directions of the Commissioners
Section 75Offences by bodies corporate
Section 76Service of documents
Section 77Regulations and orders
Section 78Minor and consequential amendments and repeals
Section 79Short title, commencement and extent
So much of Schedule 1 as relates to section 4 of the 1960 ActSections 4 and 20 of the Charities Act 1960, as amended
In Schedule 3, paragraphs 1, 3, 4, 5, 6, 7, 8(b), 9, 11, 12, 14, 15, 16, 17, 18, 19, 20 and 21Minor and consequential amendments of Charities Act 1960
Schedule 5Amendments of Redundant Churches and Other Religious Buildings Act 1969
In Schedule 6, paragraphs 2, 10(a), 11, 12, 14, 15, 16 and 17Minor and consequential amendments
So much of Schedule 7 as is specified in the Appendix to this ScheduleRepeals

APPENDIX TO SCHEDULE 1REPEALS TAKING EFFECT ON 1ST SEPTEMBER 1992

ChapterShort titleExtent of repeal
1940 c. 31War Charities Act 1940The whole Act.
1948 c. 29National Assistance Act 1948Section 41.
1958 c. 49Trading Representations (Disabled Persons) Act 1958Section 1(2)(b).
1959 c. 72Mental Health Act 1959Section 8(3).
1960 c. 58Charities Act 1960

In section 4(6), the words from “and any person ” onwards.

Section 6(6) and (9).

Section 7(4).

Section 16(2).

In section 19(6), the words “or the like reference from the Secretary of State ”.

In section 22, subsection (6) and, in subsection (9), the words from “, and the ” to “endowment ” (where last occurring).

In section 30C(1)(c), the words “by or ”.

Section 31.

In section 45(3), the words “Subject to subsection (9) of section twenty-two of this Act, ”.

In section 46, the words “, subject to subsection (9) of section twenty-two of this Act, ”.

In Schedule 1, in paragraph 1(3), the words “Subject to sub-paragraph (6) below, ”.

In Schedule 6, the entry relating to the War Charities Act 1940.

1966 c. 42Local Government Act 1966In Schedule 3, in column 1 of Part II, paragraph 20.
1970 c. 42Local Authority Social Services Act 1970In Schedule 1, the entry relating to section 41 of the National Assistance Act 1948.
1972 c. 70Local Government Act 1972Section 210(8).
1983 c. 41Health and Social Services and Social Security Adjudications Act 1983Section 30(3).
1983 c. 47National Heritage Act 1983In Schedule 4, paragraphs 13 and 14.
1985 c. 9Companies Consolidation (Consequential Provisions) Act 1985In Schedule 2, the entry relating to section 30(1) of the Charities Act 1960.
1985 c. 20Charities Act 1985The whole Act (except section 1).
1986 c. 41Finance Act 1986Section 33.

Article 3

SCHEDULE 2PROVISIONS OF THE 1992 ACT COMING INTO FORCE ON 1ST NOVEMBER 1992

Provisions of the ActSubject matter of provisions
Section 8Power to act for protection of charities
Section 9Supplementary provisions relating to receiver and manager appointed for a charity
Section 10Additional powers exercisable by Commissioners in relation to charitable companies
Section 12Supervision by Commissioners of certain Scottish charities
So much of Schedule 1 as relates to section 20 of the 1960 ActSections 4 and 20 of the Charities Act 1960, as amended
In Schedule 3, paragraph 8(a)Minor and consequential amendments of Charities Act 1960

Article 4

SCHEDULE 3PROVISIONS OF THE 1992 ACT COMING INTO FORCE ON 1ST JANUARY 1993

Provisions of the ActSubject matter of provisions
Section 3Status of registered charity (other than small charity) to appear on official publications etc.
Section 15Application of property cy-pre`s
Section 18Dormant bank accounts of charities
Section 28Power of Commissioners to bring proceedings with respect to charities
Section 32Restrictions on dispositions of charity land
Section 33Supplementary provisions relating to dispositions of charity land
Section 34Restrictions on mortgaging charity land
Section 35Supplementary provisions relating to mortgaging of charity land
Section 36Removal of requirements under statutory provisions for consent to dealings with charity land
Section 37Release of charity rentcharges
Section 40Charitable companies: alteration of objects clause etc.
Section 41Charitable companies: requirement of consent of Commissioners to certain acts
Section 42Charitable companies: name to appear on correspondence etc.
Section 45Persons disqualified for being trustees of a charity
Section 46Person acting as charity trustee while disqualified
Section 48Amendment of Charitable Trustees Incorporation Act 1872
Schedule 2Meaning of “connected person” for purposes of section 32(2)
In Schedule 3, paragraph 10Minor and consequential amendments to the Charities Act 1960
Schedule 4Amendments of Charitable Trustees Incorporation Act 1872
In Schedule 6, paragraphs 1, 3, 4, 5, 6, 7, 8 and 13(1) and (3)Minor and consequential amendments
So much of Schedule 7 as is specified in the Appendix to this ScheduleRepeals

APPENDIX TO SCHEDULE 3REPEALS TAKING EFFECT ON 1ST JANUARY 1993

ChapterShort titleExtent of repeal
1872 c. 24Charitable Trustees Incorporation Act 1872

In Section 2, the words from “; and all” onwards.

In section 4, the words from “; and the appointment” onwards.

In section 5, the words from “; and nothing” onwards.

In section 7, the words from “; and there” onwards.

The Schedule.

1960 c. 58Charities Act 1960

Section 27.

Section 29.

Section 44.

Explanatory Note

(This note is not part of the Order)

Articles 2, 3 and 4 of this Order bring into force on 1st September 1992, 1st November 1992 and 1st January 1993 the provisions of the Charities Act 1992 which are listed in Schedules 1, 2 and 3 to this Order, respectively. The commencement of these provisions is subject to the transitional provisions and savings made in those articles.

(4)

Section 9(3) was added by section 33 of the Finance Act 1986 (c. 41). of the Companies Act 1989 (c. 40).

(6)

1985 c. 6; section 223 was substituted by section 3 of the Companies Act 1989 (c. 40).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources