26(1)Sub-paragraph (2) applies if any provision of the 1993 Act relating to CIOs—E+W
(a)has not been brought into force before the commencement of this Act, or
(b)has not been brought into force for all purposes or for all areas before the commencement of this Act;
and in sub-paragraph (2) “excluded purpose or area” means any purpose or area in relation to which that provision of the 1993 Act has not been brought into force.
(2)This Act has effect until the relevant commencement date as if the provision of this Act corresponding to that provision of the 1993 Act—
(a)were omitted, or
(b)were omitted in relation to the excluded purpose or area.
(3)For the purposes of this paragraph, the provisions of the 1993 Act relating to CIOs, and the corresponding provisions of this Act, are—
| provision of the 1993 Act | corresponding provision of this Act |
|---|---|
| section 45(3B) | section 163(3) |
| in section 48(1A), “(but this subsection does not apply if the charity is constituted as a CIO)” | in section 169(2), “(but this subsection does not apply if the charity is constituted as a CIO)” |
| any provision of Part 8A, including Schedule 5B but excluding section 69O | the corresponding provision of Part 11 |
| F1. . . | F1. . . |
| section 73E(2)(b) | section 192(2)(b) |
| section 75C(11) | section 314 |
| in section 97(1), the definition of “CIO” | section 204 |
| paragraph 1 of Schedule 1C in relation to a decision of the Commission under a provision of Part 8A or Schedule 5B mentioned in column 1 of the Table in Schedule 1C | section 319 in relation to a decision of the Commission under a provision of Part 11 mentioned in column 1 of Schedule 6. |
Textual Amendments
F1Words in Sch. 9 para. 26(3) Table omitted (7.3.2024) by virtue of Charities Act 2022 (c. 6), s. 41(4), Sch. 2 para. 9; S.I. 2024/265, reg. 3, Sch. 1 para. 13(i)
Modifications etc. (not altering text)
C1Sch. 9 para. 26(2): 2.1.2013 appointed as "the relevant commencement date" by S.I. 2012/3011, art. 2(1) (with art. 2(2))
C2Sch. 9 para. 26(2): 1.1.2018 appointed as "the relevant commencement date" by S.I. 2017/1230, art. 2
F227E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 9 para. 27 repealed (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 7 (with Sch. 5)