For the purposes of the enactments to which this Part applies—

• “charitable company” means a charity that is a body of persons;

• “charitable trust” means a charity that is a trust.

Sub-paragraphs (1) and (2) are subject to any express provision to the contrary.

Regulations under this paragraph are to be made by statutory instrument.

A statutory instrument containing regulations under this paragraph is subject to annulment in pursuance of a resolution of the House of Commons.

Condition A is that the body of persons or trust has complied with any requirement to be registered in the register of charities kept under section 3 of the Charities Act 1993.

Condition B is that the body of persons or trust has complied with any requirement under the law of a territory outside England and Wales to be registered in a register corresponding to that mentioned in sub-paragraph (2).

A body of persons or trust meets the management condition if its managers are fit and proper persons to be managers of the body or trust.

In this paragraph “managers”, in relation to a body of persons or trust, means the persons having the general control and management of the administration of the body or trust.

This paragraph applies in relation to any period throughout which the management condition is not met.

TCGA 1992 is amended as follows.

In section 222(8B)(b)(iii) (relief on disposal of private residence), for “established for charitable purposes only” substitute “a charitable company”.

In section 256 (charities), omit subsections (6) and (8).

In section 256C (attributing gains to the non-exempt amount: charitable companies), omit subsection (6).

In section 256D (how gains are attributed to the non-exempt amount: charitable companies), omit subsection (7).

Schedule 19 to FA 1999 (stamp duty and stamp duty reserve tax: unit trusts) is amended as follows.

In paragraph 15(c), for “bodies of persons established for charitable purposes only or trustees of trusts so established” substitute “charitable companies or trustees of charitable trusts”.

ITEPA 2003 is amended as follows.

In section 99(3)(b)(ii) (accommodation provided for performance of duties), for “established for charitable purposes only” substitute “a charitable company”.

In section 216(3)(b) (provisions not applicable to lower-paid employments) for “established for charitable purposes only” substitute “a charitable company”.

In section 223(7)(b)(ii) (payments on account of director’s tax other than by the director), for “established for charitable purposes only” substitute “a charitable company”.

In section 290(5) (accommodation benefits of ministers of religion), omit the definition of “charity”.

In section 351 (expenses of ministers of religion), omit subsection (5).

In section 714(2) (payroll giving: meaning of “donation”), in the definition of “charity”, omit “means any body of persons or trust established for charitable purposes only and”.

ITTOIA 2005 is amended as follows.

In section 410(3)(b) (when stock dividend income arises), for “trust established for charitable purposes only” substitute “charitable trust”.

In section 545(1) (definitions for Chapter 9 of Part 4), omit the definition of “charitable trust”.

In section 568(3) (special rule for certain income of trustees), for “trust established for charitable purposes” substitute “charitable trust”.

ITA 2007 is amended as follows.

In section 479(1)(b) (special rates for trustees’ income), for “trust established for charitable purposes only” substitute “charitable trust”.

In section 481(1)(c) (other special rates for trustees), for “trust established for charitable purposes only” substitute “charitable trust”.

Omit section 519 (meaning of “charitable trust”).

In section 873(2) (discretionary or accumulation settlements), in paragraphs (a) and (b), for “trust established for charitable purposes only” substitute “charitable trust”.

In section 989 (definitions), omit the definition of “charity”.

CTA 2009 is amended as follows.

In section 1319 (other definitions), omit the definition of “charity”.

In Schedule 4 (index of defined expressions), in the entry for “charity”, for “section 1319” substitute “paragraph 1 of Schedule 6 to FA 2010”.

CTA 2010 is amended as follows.

Omit section 467 (meaning of “charitable company” in Part 11).

In section 610(2)(a) (discretionary payments by trustees to companies), omit “as defined in section 467”.

In section 1119 (definitions), omit the definition of “charity”.

The Commissioners for Her Majesty’s Revenue and Customs may by order make such further consequential, incidental, supplemental, transitional or transitory provision or saving as appears appropriate in consequence of, or otherwise in connection with, Part 1.

An order under this paragraph is to be made by statutory instrument.

A statutory instrument containing an order under this paragraph is subject to annulment in pursuance of an order of the House of Commons.

Part 1 is treated as having come into force on 6 April 2010.

But the definitions of “charity”, “charitable company” and “charitable trust” in that Part do not apply for the purposes of an enactment in relation to which, on that date, another definition applies until such time as that other definition ceases to have effect on the coming into force of provision made by or under Part 2.

For provision about the coming into force of provision made by that Part, see paragraph 34.

The other amendments made by Part 2 come into force in accordance with such provision as the Treasury may make by order.

An order under this paragraph is to be made by statutory instrument.