The Charities Act 2006 (Changes in Exempt Charities) Order 2010

Citation and commencement

1.  This Order may be cited as the Charities Act 2006 (Changes in Exempt Charities) Order 2010 and comes into force immediately after section 11(3) of the Charities Act 2006 comes into force.

Changes in exempt charities

2.—(1) Schedule 2 to the 1993 Act (exempt charities)(1) is amended as follows.

(2) For paragraph (b) substitute—

“(b) the universities of Oxford, Cambridge, London, Durham, Newcastle and Manchester, and King’s College London and Queen Mary and Westfield College in the University of London;”.

(3) For paragraph (c) substitute—

“(c) any of the following if Her Majesty declares it by Order in Council to be an exempt charity for the purposes of this Act—

(i) a university in England;

(ii) a university college in England; or

(iii) an institution which is connected with a university in England or a university college in England;

(but see Note 1A);”.

(4) In paragraph (h) for “a higher” substitute “an English higher”.

(5) For paragraph (i) substitute—

“(i) a successor company to a higher education corporation (within the meaning of subsection (5) of section 129 of the Education Reform Act 1988(2)) at a time when the institution conducted by the company is eligible, by virtue of an order made under that section, to receive support from funds administered by the Higher Education Funding Council for England;”.

(6) Omit paragraph (z).

(7) In paragraph (za) after “Board” insert “and any institution which is administered by or on behalf of the Board and is established for the general purposes of, or for any special purpose of or in connection with, the Board”.

(8) After Note 1 insert—

“1A.   Paragraph (c) above does not include—

(a) any college in the university of Oxford;

(b) any college or hall in the university of Cambridge or Durham;

(c) any students’ union.”.

(9) For Note 2 substitute—

“2.   Paragraph (w) above does not include—

(a) any college in the university of Oxford which is administered by or on behalf of that university;

(b) any college or hall in the university of Cambridge or Durham which is administered by or on behalf of that university;

(c) any students’ union.”.

(10) After Note 2 insert—

“Interpretation

For the purposes of this Schedule—

(a) a university or university college is in England if its activities are carried on, or principally carried on, in England;

(b) the Open University is to be treated as a university in England;

(c) a higher education corporation is an English higher education corporation if the activities of the institution conducted by that corporation are carried on, or principally carried on, in England.”.

Consequential amendments, repeals, revocations and transitional provisions

3.—(1) Schedule 1 (which contains consequential amendments, repeals and revocations) has effect.

(2) Schedule 2 (which contains transitional and transitory provisions and savings) has effect.

Angela E. Smith

Minister of State

Cabinet Office

27th February 2010