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4.—(1) Subsection (3A) of section 46 of the 1993 Act(1) does not apply, before the relevant day, in relation to an exempt charity which is not a specified exempt charity.
(2) For the purposes of this paragraph—
(a)“the relevant day” means—
(i)in relation to—
(aa)an excluded fund; or
(bb)an institution administered by or on behalf of such a fund and falling within paragraph (w) of Schedule 2 to the 1993 Act,
the day appointed for the commencement of section 11(9) of the 2006 Act for the purposes of inserting paragraphs (a) and (b) of Note 1 at the end of Schedule 2 to the 1993 Act;
(ii)in relation to a relevant fund, the day appointed for the commencement of section 11(10) of the 2006 Act;
(iii)in relation to an exempt charity included in paragraph (y) of Schedule 2 to the 1993 Act, the day appointed for the commencement of section 11(8) of the 2006 Act;
(iv)in relation to any other exempt charity which is not a specified exempt charity, the day appointed for the commencement of section 12 of the 2006 Act in relation to that exempt charity or exempt charities of that particular description.
(b)“relevant fund” means—
(i)a common investment fund (within the meaning of section 24 of the 1993 Act);
(ii)a common deposit fund (within the meaning of section 25 of that Act); or
(iii)other similar fund,
which is, by virtue of subsection (8) of section 24 of that Act (or of that subsection as applied by section 24(9) or 25(2) of that Act), an exempt charity.
Section 46(3A) was inserted by paragraph 139(3) of Schedule 8 to the Charities Act 2006.
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