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The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009

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Charities Act 1993 (c. 10)

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139.—(1) The Charities Act 1993 is amended as follows.

(2) In section 6 (power of Commission to require a charity to change its name), omit subsection (7).

(3) In section 7(3) (effect of direction under s.6 where charity is a company: duty of registrar of companies), in paragraph (a) for “, subject to section 26 of the Companies Act 1985 (prohibition on registration of certain names),” substitute “, if satisfied that the new name complies with the requirements of Part 5 of the Companies Act 2006,”.

(4) In section 63 (winding up etc of charitable company), for subsections (3)(1) and (4)(2) substitute—

(3) The Commission may make an application under section 1029 of the Companies Act 2006 (application to court for restoration to the register of companies) to restore a charitable company to the register of companies..

(5) In section 64 (alteration of objects clause)—

(a)in the heading, omit “clause”;

(b)in subsection (2A)(3) (regulated alterations)—

(i)for paragraph (a) substitute—

(a)an amendment of the company’s articles of association adding, removing or altering a statement of the company’s objects,;

(ii)in paragraphs (b) and (c), for “memorandum or articles of association” substitute “articles of association”;

(c)for subsections (3)(4) and (4) substitute—

(3) Where a company that has made a regulated alteration in accordance with subsection (2) is required—

(a)by section 26 of the Companies Act 2006 to send to the registrar of companies a copy of its articles as amended,

(b)by section 30 of that Act to forward to the registrar a copy of the special resolution effecting the alteration, or

(c)by section 31 of that Act to give notice to the registrar of the amendment,

the copy or notice must be accompanied by a copy of the Commission’s consent.

(3A) If more than one of those provisions applies and they are complied with at different times, the company need not send a further copy of the Commission’s consent if a copy was sent on an earlier occasion.

(4) Section 30(2) to (4) of that Act (offence of failing to comply with section 30) apply in relation to a failure to comply with subsection (3) above as in relation to a failure to comply with that section..

(6) Omit section 65 (invalidity of certain transactions).

(7) In section 69D(5) (CIOs: offences connected with name and status: interpretation), in subsection (1B) for “subsection (2)” substitute “subsection “(1A)”.

(8) In section 72 (persons disqualified for being trustee of a charity)—

(a)in subsection (1) (grounds for disqualification), in paragraph (f)(6) for the words from “subject to” to “2002” substitute “subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 or the Company Directors Disqualification (Northern Ireland) Order 2002”;

(b)in subsection (3), for paragraph (aa) substitute—

(aa)in the case of a person subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002, leave has been granted by the High Court in Northern Ireland for him to act as director of the charity,.

(9) In section 97(1) (general interpretation), for the definition of “company” substitute—

“company” means a company registered under the Companies Act 2006 in England and Wales or Scotland;.

(10) In the Table in Schedule 1C (appeals and applications to Charity Tribunal)—

(a)in the entry relating to decisions under section 64(2), 65(4) or 66(1), in the first column omit “, 65(4)”;

(b)after the last entry add—

Decision of the Commission to give or withhold consent under section 42(4) of the Companies Act 2006.The persons are—Power to quash the decision and (if appropriate) remit the matter to the Commission.
(a)the charity trustees of the charity,
(b)the company itself, and
(c)any other person who is or may be affected by the decision..

(11) In paragraph 4 of Schedule 5B(7) (nature of debt owed under constitution of CIO), for “a specialty debt” substitute “an ordinary contract debt”.

(1)

Section 63(3) was amended by the Charities Act 2006 (c.50), Schedule 8, paragraphs 96 and 150(1) and (3).

(2)

Section 63(4) was amended by the Charities Act 2006 (c.50), Schedule 8, paragraphs 96 and 150(1) and (4).

(3)

Section 64(2A) was inserted by the Charities Act 2006 (c.50), section 31(1) and (2).

(4)

Section 64(3) was amended by the Charities Act 2006 (c.50), section 31(1) and (3) and Schedule 8, paragraphs 96 and 151 and S.I. 2007/2194 (C.84), Schedule 4, paragraph 79.

(5)

Section 69D was inserted by the Charities Act 2006 (c.50), Schedule 7, paragraph 1.

(6)

Section 72(1)(f) was amended by the Insolvency Act 2000 (c.39), Schedule 4, paragraph 18(a), S.I. 2004/1941, the Schedule, paragraph 5(a) and the Tribunals, Courts and Enforcement Act 2007 (c.15), Schedule 16, paragraph 7.

(7)

Schedule 5B was inserted by the Charities Act 2006 (c.50), Schedule 7, paragraph 2.

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