2007 No. 309 (C. 13)
The Charities Act 2006 (Commencement No 1, Transitional Provisions and Savings) Order 2007
Made
Citation and Interpretation1
1
This Order may be cited as the Charities Act 2006 (Commencement No 1, Transitional Provisions and Savings) Order 2007.
Commencement
2
Subject to Articles 4 to 13, the provisions of the 2006 Act which are specified in Column 1 of the Schedule to this Order shall come into force on 27th February 2007 except:
a
where a particular purpose is specified in relation to any such provision in Column 3 of that Schedule, the provision concerned shall come into force on that date only for that purpose; or
b
where any other limitation is specified in relation to any such provision in Column 3 of that Schedule, the provision concerned shall come into force on that date subject to that limitation.
3
Section 70 of the 2006 Act (power of relevant Minister to give financial assistance to charitable, benevolent or philanthropic institutions) shall come into force on 1st April 2007.
Transitional Provisions and Savings
4
The amendments made by paragraph 98(5) and (6) of Schedule 8 (amendment of section 2(7) and addition of section 2(8) and (9) to the 1993 Act) shall apply in relation to any financial year of a charity which begins on or after 27th February 2007.
5
1
The restriction on the Charity Commission’s power of disclosure under section 10A(2) of the 1993 Act, as inserted by paragraph 104 of Schedule 8 to the 2006 Act, shall apply whether the information was disclosed to the Charity Commission before, on or after 27th February 2007.
2
In relation to information disclosed to the Charity Commission before 27th February 2007, the reference in section 10A(2) of the 1993 Act to section 10(1) is to be taken as a reference to section 10(1) as originally enacted.
6
1
The amendments made by paragraph 128(5) and (6) of Schedule 8 to the 2006 Act (amendment of section 36 of the 1993 Act) shall not apply in relation to any sale, lease or other disposition where before 27th February 2007 the charity trustees have entered into an agreement for the disposition.
2
The amendments made by paragraph 178(2) and (4) of Schedule 8 to the 2006 Act (amendment of paragraph 1 of Schedule 5 to the 1993 Act, concerning the meaning of “connected person” for the purposes of section 36(2) of that Act), in so far as they insert new paragraphs (1)(b) and (2)(ea) in Schedule 5, shall not apply in relation to any disposition for which the contract was entered into before 27th February 2007.
7
The amendment made by paragraph 135(2) of Schedule 8 to the 2006 Act (amendment of section 43A(2) of the 1993 Act) shall apply in relation to any financial year of an English NHS charity which begins on or after 27th February 2007.
8
The amendment made by paragraph 136(2) of Schedule 8 to the 2006 Act (amendment of section 43B(2) of the 1993 Act) shall apply in relation to any financial year of a Welsh NHS charity which begins on or after 27th February 2007.
9
The amendments made by paragraph 138 of Schedule 8 to the 2006 Act (amendment of section 45 of the 1993 Act) shall, save in so far as they substitute “the Commission” for “the Commissioners”, apply in relation to any financial year of a charity which begins on or after 27th February 2007.
10
The amendment made by paragraph 141(3) of Schedule 8 to the 2006 Act (amendment of section 48 of the 1993 Act) shall apply in relation to any financial year of a charity which begins on or after 27th February 2007.
11
1
Section 49 of the 1993 Act, as substituted by paragraph 142 of Schedule 8 to the 2006 Act, shall apply to non-compliance with any requirement where the specified date for compliance is 1st April 2008 or later.
2
Section 49 of the 1993 Act, as originally enacted, shall continue to apply to non-compliance with any requirement where the specified date for compliance is before 1st April 2008.
12
The amendments made by paragraph 192(4) of Schedule 8 to the 2006 Act (amendment to Schedule 1, paragraph 18(4) of the Housing Act 19965) shall apply in relation to any financial year of a charity which begins on or after 27th February 2007.
13
During the period prior to the coming into force in Schedule 9 to the 2006 Act of the entry relating to section 16(11) to (14) of the 1993 Act (repeal of those provisions), section 16(12) shall have effect as if the reference to a period of three months beginning with the day following that on which the order is published were a reference to a period of three months beginning with the day following that on which the order is made.
SCHEDULE
Provision of the Act | Subject Matter of Provisions | Particular purpose or other limitation |
|---|---|---|
Section 2(1)(b) | Meaning of “charitable purpose” | For the purpose of the definition of the Charity Commission’s public benefit objective (as defined in section 1B(3) paragraph 2 and section 1B(4) of the 1993 Act, as inserted by section 7 of the 2006 Act) and for the purpose of enabling the Charity Commission to issue guidance in pursuance of that objective. |
Section 3(1) | The “public benefit” test | For the purpose of enabling the Charity Commission to issue guidance under section 4 in pursuance of its public benefit objective. |
Section 4 | Guidance as to operation of public benefit requirement | Save for section 4(6). |
Section 6 | The Charity Commission | |
Section 7 | The Commission’s objectives, general functions and duties | Save in so far as it inserts new sections 1C(2) paragraph 4, 1C(5) and 1E(3) into the 1993 Act. |
Section 8(1) | The Charity Tribunal | In so far as it inserts new sections 2B(1) to (4), (8), (9) and 2C(5)(b) into the 1993 Act for the purposes of enabling the Lord Chancellor to exercise the power to make subordinate legislation. |
Section 8(3) | The Charity Tribunal | In so far as it relates to those entries in Schedule 4 being brought into force by this Order. |
Section 9 | Registration of charities | In so far as it inserts new sections 3A(2)(c), (4)(b), (5) and 3B(2)(b) into the 1993 Act for the purposes of enabling the Minister to exercise the power to make subordinate legislation. |
Section 10 | Interim changes in threshold for registration of small charities | |
Section 11(11) to (14) | Changes in exempt charities | |
Section 17 | Application cy-pres of gifts made in response to certain solicitations | In so far as it inserts a new section 14A(9) into the 1993 Act enabling the Charity Commission to make regulations. |
Section 22 | Relaxation of publicity requirements relating to schemes etc. | |
Section 23 | Participation of Scottish and Northern Irish charities in common investment schemes etc. | |
Section 24 | Power to give advice and guidance | |
Section 25 | Power to determine membership of charity | |
Section 26 | Power to enter premises and seize documents etc. | |
Section 27 | Restrictions on mortgaging | |
Section 28 | Annual audit or examination of accounts of charities which are not companies | |
Section 30(2) | Group Accounts | In so far as it relates to those entries in Schedule 6 being brought into force by this Order. |
Section 32 | Annual audit or examination of accounts of charitable companies | |
Section 34 | Charitable incorporated organisations | In so far as it relates to those entries in Schedule 7 being brought into force by this Order. |
Section 35 | Waiver of trustee’s disqualification | |
Section 38 | Power of Commission to relieve trustees, auditors etc. from liability for breach of trust or duty | Save in so far as it inserts a new section 73E(2)(b) into the 1993 Act and refers to group accounts as required to be prepared under new Schedule 5A to the 1993 Act. |
Section 39 | Trustees’ indemnity insurance | |
Section 42 | Power to modify powers or procedures | |
Section 68 | Statements indicating benefits for charitable institutions and collectors | In so far as it inserts new section 60B(6) into the 1992 Act for the purposes of enabling the Minister to exercise the power to make subordinate legislation. |
Section 69 | Reserve power to control fund-raising by charitable institutions | |
Section 71 | Power of National Assembly for Wales to give financial assistance to charitable, benevolent or philanthropic institutions | |
Section 72 | Disclosure of information to and by Northern Ireland regulator | |
Section 75 (1) to (3) | Amendments, repeals, revocations and transitional provisions | In so far as they relate respectively to the entries in Schedules 8, 9 and 10 being brought into force by this Order. |
Section 75(6) | Amendments, repeals, revocations and transitional provisions | |
Section 76 | Pre-consolidation amendments | |
Schedule 1 | The Charity Commission | |
Schedule 2 | Establishment of the Charity Commission: Supplementary | |
Schedule 4 | Appeals and Applications to Charity Tribunal | In so far as it inserts paragraph 6 of new Schedule 1C to the 1993 Act for the purposes of enabling the Minister to exercise the power to make subordinate legislation. |
Schedule 6 | Group Accounts | In so far as it inserts paragraphs 3(3)(b), 3(4), 3(5), 4(2) and (3), 6(2), 8, 10(2) and (3) and 15 of new Schedule 5A to the 1993 Act for the purposes of enabling the Minister to exercise the power to make subordinate legislation. |
Schedule 7, paragraph 1 | Charitable Incorporated Organisations | In so far as it inserts new sections 69B(3) and (5), 69E(2)(b), 69G(5)(d), 69H(4), 69J, 69N and 69Q into new Part 8A of the 1993 Act for the purposes of enabling the Minister (and the Charity Commission in relation to section 69B(5)) to exercise the power to make subordinate legislation. |
Schedule 7, paragraph 2 | In so far as it inserts paragraphs 10(2), (3) and 13 of new Schedule 5B to the 1993 Act for the purposes of enabling the Minister to exercise the power to make subordinate legislation. | |
Schedule 7, paragraph 6 | ||
Schedule 8, Paragraphs 1, 2(b), 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51 (save for sub-paragraph (5)), 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 67, 68, 69, 70, 71, 72, 74, 76, 77(1) and (2), 78, 79, 80 (save for sub-paragraphs (6)(a) and (e) and (8)), 81, 82(1), (2) and (4) to (7), 83(1) and (2), 84, 86, 89, 91, 92, 93, 96, 97, 98, 99(1), (2), (4)(b) and (c) and (5)(b), 100(1) and (2), 101, 102, 103, 104 (save in so far as it inserts a new section 10B into the 1993 Act or refers to section 10B), 105, 106, 107, 108, 109 (save for sub-paragraph (12)), 110, 111(1) to (6) and (8) to (10), 112, 113 (save in so far as it refers to sections 18A, 19A and 19B of the 1993 Act), 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 134, 135, 136, 137, 138, 139(1), (2) and (5), 140, 141, 142, 143 (save for sub-paragraph (3)(c)), 144, 145, 146,147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162 (save in so far as sub-paragraph (2) inserts a new section 80(1)(c)), 163(1) to (3) and (5), 164, 165(1), (2)(a), (3) and (4), 166, 167(1) and (3) to (5), 168, 169, 170, 172, 173(1) and (4), 174(b) and (c), 175 (save in so far as it refers to Part 8A), 176 (save in so far as it refers to section 10B of the 1993 Act), 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 192, 196, 197, 198, 200, 201, 202, 203, 204, 205, 206, 207, 209, 210(a), 211 and 212(1) and (2). | Minor and Consequential Amendments | |
Schedule 9 | Repeals and Revocations | Only those entries relating to Part 3, sections 76(1)(c) and 77(4) and Schedule 6, paragraph 9 of the 1992 Act; sections 1, 2(7), 23(2), 44(3), 61(7) and Schedule 1 of the 1993 Act; and Schedule 16, paragraph 99 of the Local Government (Wales) Act 1994. |
Schedule 10, paragraphs 1, 6, 7, 9, 11, 13, 16, 19 and 20. | Transitional Provisions and Savings |
(This note is not part of the Order)