The Charities Act 2006 (Commencement No. 4, Transitional Provisions and Savings) Order 2008

Transitional provisions and savings in respect of provisions of the 2006 Act commenced on 1st April 2009

10.—(1) The commencement of section 5(3) of the 2006 Act by this Order—

(a) does not affect—

(i) any proceedings brought in the court or to the Charity Tribunal in respect of any decision, order or direction made or any other matter arising before 1st April 2009;

(ii) any order made or judgment given in any proceedings mentioned in paragraph (i) whether that order is made or judgment given before or after 1st April 2009;

(b) does not affect the validity of anything done before 1st April 2009 on the basis that miners’ welfare trusts were charitable;

(c) does not require any miners’ welfare trusts to be treated as not being charitable at any time before 1st April 2009.

(2) Where miners’ welfare trusts cease to be charitable on 1st April 2009 as a consequence of the commencement of section 5(3) of the 2006 Act by this Order, section 4 of the 1993 Act does not apply to those trusts during the period beginning on 1st April 2009 and ending on the date on which the trusts are removed from the register of charities by the Commission.