Charities Act 2011

Part 1 General amendments

References to the Charitable Uses Act 1601 (c. 4)

1 A reference in any enactment or document to a charity within the meaning of the Charitable Uses Act 1601 or the preamble to it is to continue to be construed as a reference to a charity as defined by section 1(1).

References to the Charity Commissioners for England and Wales

2 (1) Any enactment or document is to continue to have effect, so far as necessary in consequence of the transfer effected by section 6(4) of the Charities Act 2006, as if any reference to—

(a) the Charity Commissioners for England and Wales, or

(b) any Charity Commissioner for England and Wales,

were a reference to the Charity Commission for England and Wales.

(2) In sub-paragraph (1) “enactment” includes—

(a) any provision of subordinate legislation (within the meaning of the Interpretation Act 1978),

(b) a provision of a Measure of the Church Assembly or of the General Synod of the Church of England, and

(c) any provision made by or under an Act of the Scottish Parliament or Northern Ireland legislation.

Application of certain enactments to trust corporations

3 (1) In the definition of “trust corporation” contained in the provisions listed in sub-paragraph (2) the reference to a corporation appointed by the court in any particular case to be a trustee includes a reference to a corporation appointed by the Commission under this Act to be a trustee.

(2) The provisions are—

(a) section 117(1)(xxx) of the Settled Land Act 1925,

(b) paragraph (18) of section 68(1) of the Trustee Act 1925,

(c) section 205(1)(xxviii) of the Law of Property Act 1925,

(d) section 55(1)(xxvi) of the Administration of Estates Act 1925, and

(e) section 128 of the Senior Courts Act 1981 (c. 54).

(3) This paragraph is to be treated as always having had effect.

(4) In sub-paragraph (2), the reference to section 128 of the Senior Courts Act 1981 is to be read—

(a) in relation to any time before 1 January 1982, as a reference to section 175(1) of the Supreme Court of Judicature (Consolidation) Act 1925, and

(b) in relation to any time on or after that date but before the day on which paragraph 1(2) of Schedule 11 to the Constitutional Reform Act 2005 came into force, as a reference to section 128 of the Supreme Court Act 1981 (c. 54).