SCHEDULECONSEQUENTIAL AMENDMENTS
PART 2SECONDARY LEGISLATION
The Charities Act 2006 (Commencement No. 5, Transitional and Transitory Provisions and Savings) Order 20086
1
The Charities Act 2006 (Commencement No. 5, Transitional and Transitory Provisions and Savings) Order 200810 is amended as follows.
2
In article 1(2) for paragraph (b) of the definition of “formerly specified educational institution” substitute—
b
an institution to which subsection (2) of that section of that Act would have applied had it not been repealed by the Charities Act 2006 (Changes in Exempt Charities) Order 2011;
3
In the following provisions, for “1st September 2011” substitute “1st August 2011”—
a
article 1 in both places it appears,
b
article 11 in both places it appears, and
c
article 19(1).
4
In article 6 omit paragraph (2).
5
In article 13 for paragraph (3) substitute—
6
For article 16(3) substitute—
3
In this article “qualifying request” means a request made under section 47(2) of the 1993 Act13 for the most recent accounts of a relevant educational charity at any time before—
a
in the case of an Education Action Forum, the charity trustees of that charity have prepared—
i
a statement of accounts under section 42(1) of that Act14; or
ii
an account and statement under section 42(3) of that Act15,
in respect of the standard financial year;
b
in the case of a formerly specified educational institution, the charity trustees of that charity have prepared a statement of account in respect of the standard financial year (whether under section 46 of that Act or otherwise).
7
In article 19 omit paragraphs (2) and (3).
8
In article 21(2), for “the transitional period end date a relevant educational charity” substitute “the exempt charity appointed day an Education Action Forum”.
9
For article 22(1) substitute—
1
For the purposes of section 24 of the 1993 Act16 (including the purposes of that section as applied by section 25 of that Act17), a relevant educational charity is to be treated—
a
in the case of a formerly specified institution, as having been an exempt charity during the period starting on 31st January 2009 and ending immediately before the tranche 2 exempt status day;
b
in the case of an Education Action Forum, before the appointed day, as if it were an exempt charity.
10
In article 23 for “relevant educational charity” substitute “Education Action Forum”.
11
In article 24—
a
in paragraph (1)(b) omit “or (3)”; and
b
omit paragraph (3).
12
For article 25 substitute—
25
For the purposes of section 37(10) of the 1993 Act—
a
an Education Action Forum is to be treated as ceasing to be an exempt charity on the exempt charity appointed day;
b
a formerly specified educational institution is to be treated—
i
until the tranche 2 exempt status day as if it were an exempt charity; and
ii
on or after that day as if it had never ceased to be such a charity.
13
In article 26—
a
in paragraph (1)(b) omit “or (3)”; and
b
omit paragraph (3).
14
In article 27(2)(a) for “relevant educational charity” substitute “Education Action Forum”.