Charities Act 2011

Official custodian as successor to official trustee of charity lands and official trustees of charity funds E+W

18 (1) Despite the repeal by this Act of paragraph 26 of Schedule 10 to the Charities Act 2006, the official custodian for charities is to continue to be treated as the successor for all purposes both of the official trustee of charity lands and of the official trustees of charitable funds as if— E+W

(a) the functions of the official trustee or trustees had been functions of the official custodian, and

(b) the official trustee or trustees had been, and had discharged the functions of the official trustee or trustees as, holder of the office of the official custodian.

(2) Despite the repeal of paragraph 26 of that Schedule (and without affecting the generality of sub-paragraph (1))—

(a) any property which immediately before the commencement of that repeal was, by virtue of paragraph 26(2) of that Schedule, held by the official custodian continues to be so held, as if vested in the official custodian under section 90, and

(b) any enactment or document referring to the official trustee or trustees mentioned above continues to have effect, so far as the context permits, as if the official custodian had been mentioned instead.