Legalize / United Kingdom / Public General Act

Charities Act 2011

Type Public General Act

Publication 2011-12-14

Last updated 2025-11-27

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

“trusts”—in relation to a charity, means the provisions establishing it as a charity and regulating its purposes and administration, whether those provisions take effect by way of trust or not, andin relation to other institutions has a corresponding meaning.

(2) In this Act, except in so far as the context otherwise requires, “document” includes information recorded in any form, and, in relation to information recorded otherwise than in legible form—

(a) any reference to its production is to be read as a reference to the provision of a copy of it in legible form, and

(b) any reference to the provision of a copy of, or extract from, it is accordingly to be read as a reference to the provision of a copy of, or extract from, it in legible form.

(3) For the purposes of this Act, property is “permanent endowment” if it is subject to a restriction on being expended which distinguishes between income and capital.

(4) In this Act, “special trust” means property which—

(a) is held and administered by or on behalf of a charity for any special purposes of the charity, and

(b) is so held and administered on separate trusts relating only to that property.

But a special trust does not, by itself, constitute a charity for the purposes of Part 8 (charity accounts, reports and returns).

Part 19 — Final provisions

Amendments etc.

354

(1) Schedule 7 contains consequential amendments.

(2) Schedule 8 contains transitional provisions and savings.

(3) Schedule 9 contains transitory modifications.

(4) Schedule 10 contains repeals and revocations.

Commencement

355

This Act comes into force at the end of the period of 3 months beginning with the day on which it is passed.

Extent

356

(1) Subject to subsections (2) to (7), this Act extends to England and Wales only.

(2) Chapter 1 of Part 1 (meaning of “charity” and “charitable purpose”: general)—

(a) extends also to Scotland, but affects the law of Scotland only so far as mentioned in section 7;

(b) extends also to Northern Ireland, but affects the law of Northern Ireland only so far as mentioned in section 8.

(3) In Part 5 (information powers), sections 54 to 59 (disclosure of information to and by Commission) extend to the whole of the United Kingdom.

(4) In Part 6 (application of property cy-prs etc.)—

(a) section 68(3) and (4) (amendment of Royal charters by Order in Council where body corporate the subject of a scheme), and

(b) sections 96 to 104 (common investment or deposit funds),

extend also to Northern Ireland.

(5) Paragraph 2 of Schedule 7 (construction of references in enactments and documents to Charity Commissioners for England and Wales) extends also to Scotland and Northern Ireland.

(6) Subject to any provision made by Schedule 7, any amendment, repeal or revocation made by Schedule 7 or 10 has the same extent as the enactment or provision to which it relates.

(7) In Part 2 of Schedule 8 (transitionals and savings: recreational etc. purposes)—

(a) paragraphs 9 to 12 extend also to Scotland but paragraphs 10 and 12 affect the law of Scotland only so far as mentioned in those paragraphs;

(b) paragraphs 9 to 11 and 13 extend also to Northern Ireland but paragraphs 10 and 13 affect the law of Northern Ireland only so far as mentioned in those paragraphs.

Index of defined expressions

357

Schedule 11 lists the places where some of the expressions used in this Act are defined or otherwise explained.

Short title

358

This Act may be cited as the Charities Act 2011.

SCHEDULE 1

Membership

1

(1) The Commission is to consist of—

(a) a person appointed by the Secretary of State to chair the Commission, and

(b) at least 4, but not more than 8, other members appointed by the Secretary of State.

(2) The Secretary of State must exercise the power in sub-paragraph (1) so as to secure that—

(a) the knowledge and experience of the members of the Commission (taken together) includes knowledge and experience of the matters mentioned in sub-paragraph (3),

(b) at least two members have a 7 year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990, and

(i) knows about conditions in Wales, and

(ii) has been appointed following consultation with the Welsh Ministers.

(3) The matters are—

(a) the law relating to charities,

(b) charity accounts and the financing of charities, and

(4) In sub-paragraph (2)(c) “member” does not include the person appointed to chair the Commission.

Terms of appointment and remuneration

2

The members of the Commission hold and vacate office as such in accordance with the terms of their respective appointments.

3

(1) An appointment of a person to hold office as a member of the Commission must be for a term of no more than 3 years.

(2) A person holding office as a member of the Commission—

(a) may resign that office by giving notice in writing to the Secretary of State, and

(b) may be removed from office by the Secretary of State on the ground of incapacity or misbehaviour.

(3) Before removing a member of the Commission the Secretary of State must consult—

(a) the Commission, and

(b) if the member was appointed following consultation with the Welsh Ministers, the Welsh Ministers.

(4) No person may hold office as a member of the Commission for more than 10 years in total.

(5) For the purposes of sub-paragraph (4), time spent holding office as a Charity Commissioner for England and Wales counts as time spent holding office as a member of the Commission.

4

(1) The Commission must pay to its members such remuneration, and such other allowances, as may be determined by the Secretary of State.

(2) The Commission must, if required to do so by the Secretary of State—

(a) pay such pension, allowances or gratuities as may be determined by the Secretary of State to or in respect of a person who is or has been a member of the Commission, or

(b) make such payments as may be so determined towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person.

(3) Sub-paragraph (4) applies if the Secretary of State determines that there are special circumstances which make it right for a person ceasing to hold office as a member of the Commission to receive compensation.

(4) The Commission must pay to the person a sum by way of compensation of such amount as may be determined by the Secretary of State.

Staff

5

(1) The Commission—

(a) must appoint a chief executive, and

(b) may appoint such other staff as it may determine.

(2) The terms and conditions of service of persons appointed under sub-paragraph (1) are to be such as the Commission may determine with the approval of the Minister for the Civil Service.

Committees

6

(1) The Commission may establish committees and any committee of the Commission may establish sub-committees.

(2) The members of a committee of the Commission may include persons who are not members of the Commission (and the members of a sub-committee may include persons who are not members of the committee or of the Commission).

Procedure etc.

7

(1) The Commission may regulate its own procedure (including quorum).

(2) The validity of anything done by the Commission is not affected by—

(a) a vacancy among its members, or

(b) a defect in the appointment of a member.

Performance of functions

8

Anything authorised or required to be done by the Commission may be done by—

(a) any member or member of staff of the Commission who is authorised for that purpose by the Commission, whether generally or specially;

(b) any committee of the Commission which has been so authorised.

Evidence

9

The Documentary Evidence Act 1868 has effect as if—

(a) the Commission were mentioned in the first column of the Schedule to that Act,

(b) any member or member of staff of the Commission authorised to act on behalf of the Commission were specified in the second column of that Schedule in connection with the Commission, and

Execution of documents

10

(1) A document is executed by the Commission by the fixing of its common seal to the document.

(2) But the fixing of that seal to a document must be authenticated by the signature of—

(a) any member of the Commission, or

(b) any member of its staff,

who is authorised for the purpose by the Commission.

(3) A document which is expressed (in whatever form of words) to be executed by the Commission and is signed by—

(a) any member of the Commission, or

(b) any member of its staff,

who is authorised for the purpose by the Commission has the same effect as if executed in accordance with sub-paragraphs (1) and (2).

(4) A document executed by the Commission which makes it clear on its face that it is intended to be a deed has effect, upon delivery, as a deed; and it is to be presumed (unless a contrary intention is proved) to be delivered upon its being executed.

(5) In favour of a purchaser a document is to be treated as having been duly executed by the Commission if it purports to be signed on its behalf by—

(a) any member of the Commission, or

(b) any member of its staff;

and, if it makes it clear on its face that it is intended to be a deed, it is to be treated as having been delivered upon its being executed.

(6) For the purposes of this paragraph—

“authorised” means authorised whether generally or specially, and

“purchaser”—means a purchaser in good faith for valuable consideration, andincludes a lessee, mortgagee or other person who for valuable consideration acquired an interest in property.

Annual report

11

(1) As soon as practicable after the end of each financial year the Commission must publish a report on—

(a) the discharge of its functions,

(b) the extent to which, in its opinion, its objectives (see section 14) have been met,

(d) the management of its affairs,

during that year.

(2) The Commission must lay a copy of each such report before Parliament.

(3) “Financial year” means the 12 months ending with 31 March in any year.

Annual public meeting

12

(1) The Commission must hold a public meeting (“the annual meeting”) for the purpose of enabling a report under paragraph 11 to be considered.

(2) The annual meeting must be held within the period of 3 months beginning with the day on which the report is published.

(3) The Commission must organise the annual meeting so as to allow—

(a) a general discussion of the contents of the report which is being considered, and

(b) a reasonable opportunity for those attending the meeting to put questions to the Commission about matters to which the report relates.

(4) But subject to sub-paragraph (3) the annual meeting is to be organised and conducted in such a way as the Commission considers appropriate.

(5) The Commission must—

(a) take such steps as are reasonable in the circumstances to ensure that notice of the annual meeting is given to every registered charity, and

(b) publish notice of the annual meeting in the way appearing to it to be best calculated to bring it to the attention of members of the public.

(6) Each such notice must—

(a) give details of the time and place at which the meeting is to be held,

(b) set out the proposed agenda for the meeting,

(d) give details of the Commission's arrangements for enabling persons to attend.

(7) If the Commission proposes to alter any of the arrangements which have been included in notices given or published under sub-paragraph (5) it must—

(a) give reasonable notice of the alteration, and

(b) publish the notice in the way appearing to it to be best calculated to bring it to the attention of registered charities and members of the public.

SCHEDULE 2

Status and official seal

1

The official custodian is a corporation sole whose official seal is to be officially and judicially noticed.

Expenses

2

The expenses of the official custodian (except those reimbursed to, or recovered by, the official custodian as trustee for any charity) are to be defrayed by the Commission.

Performance of functions and liability for loss or misapplication of property

3

Anything which is required to or may be done by, to or before the official custodian may be done by, to or before any member of the staff of the Commission generally or specially authorised by it to act for the official custodian during a vacancy in the official custodian's office or otherwise.

4

(1) The official custodian is not liable as trustee for any charity in respect of any loss or of the misapplication of any property unless it is occasioned by or through the wilful neglect or default of—

(a) the official custodian, or

(b) any person acting for the official custodian.

(2) But the Consolidated Fund is liable to make good to a charity any sums for which the official custodian may be liable because of any such neglect or default.

Accounts

5

The official custodian must—

(a) keep such books of account and such records in relation to them as may be directed by the Treasury, and

(b) prepare accounts, in such form, in such manner and at such times as may be directed by the Treasury.

6

The Comptroller and Auditor General must—

(a) examine, certify and report on the accounts so prepared, and

(b) send a copy of the certified accounts and the report to the Commission.

7

The Commission must publish and lay before Parliament a copy of the documents sent to it under paragraph 6(b).

SCHEDULE 3

Institutions with an exemption from the Charitable Trusts Acts 1853 to 1939

1

(1) Any institution which, if the Charities Act 1960 had not been passed, would be exempted from the powers and jurisdiction, under the Charitable Trusts Acts 1853 to 1939, of—

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

(b) the Minister of Education,

(apart from any power of the Commissioners or Minister to apply those Acts in whole or in part to charities otherwise exempt) by the terms of any enactment not contained in the Charitable Trusts Acts 1853 to 1939 other than section 9 of the Places of Worship Registration Act 1855.

(2) Sub-paragraph (1) does not include—

(a) any Investment Fund or Deposit Fund within the meaning of the Church Funds Investment Measure 1958,

(b) any investment fund or deposit fund within the meaning of the Methodist Church Funds Act 1960, or

Educational institutions

2

Any of the following if it is a relevant higher education provider—

(a) the university of Oxford;

(b) the university of Cambridge;

(d) the university of Durham;

(e) the university of Newcastle upon Tyne;

(f) the university of Manchester.

3

Any of the following if it is a relevant higher education provider—

(a) King’s College London;

(b) Queen Mary University of London.

4

(1) Any of the following, if it is a relevant higher education provider and Her Majesty declares it by Order in Council to be an exempt charity for the purposes of this Act—

(a) a university in England,

(b) a university college in England, or

(2) Sub-paragraph (1) does not include—

(a) any college in the university of Oxford;

(b) any college or hall in the university of Cambridge or Durham;

(3) For the purposes of this paragraph—

(a) a university or university college is in England if its activities are carried on, or principally carried on, in England;

(b) the Open University is to be treated as a university in England.

5

(1) An English higher education corporation if it is a relevant higher education provider.

(2) For the purposes of this paragraph a higher education corporation is an English higher education corporation if the activities of the institution conducted by that corporation are carried on, or principally carried on, in England.

6

(1) A successor company to a higher education corporation at a time when the company or institution conducted by the company is a relevant higher education provider .

(2) In this paragraph, “successor company”, in relation to a higher education corporation, has the meaning given by section 129(5) of the Education Reform Act 1988.

7

A further education corporation.

8

A qualifying Academy proprietor (as defined in section 12(2) of the Academies Act 2010).

9

The governing body of any foundation, voluntary or foundation special school.

10

Any foundation body established under section 21 of the School Standards and Framework Act 1998.

11

A sixth form college corporation (within the meaning of the Further and Higher Education Act 1992).

Museums, galleries etc.

12

The Board of Trustees of the Victoria and Albert Museum.

13

The Board of Trustees of the Science Museum.

14

The Board of Trustees of the Armouries.

15

The Board of Trustees of the Royal Botanic Gardens, Kew.

16

The Board of Trustees of the National Museums and Galleries on Merseyside.

17

The trustees of the British Museum.

18

The trustees of the Natural History Museum.

19

The Board of Trustees of the National Gallery.

20

The Board of Trustees of the Tate Gallery.

21

The Board of Trustees of the National Portrait Gallery.

22

The Board of Trustees of the Wallace Collection.

23

The Trustees of the Imperial War Museum.

24

The Trustees of the National Maritime Museum.

25

The British Library Board.

Housing

26

Any registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014, if the society is also a private registered provider of social housing.

27

Any registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014, if the society is also registered in the register of social landlords under Part 1 of the Housing Act 1996.

Connected institutions

28

(1) Any institution which—

(a) is administered by or on behalf of an institution included in any of paragraphs 1 to 8 and 11 to 25, and

(b) is established for the general purposes of, or for any special purpose of or in connection with, the institution mentioned in paragraph (a).

(2) Sub-paragraph (1) does not include—

(a) any college in the university of Oxford which is administered by or on behalf of that university;

(b) any college or hall in the university of Cambridge or Durham which is administered by or on behalf of that university;

(d) an institution included in any of paragraphs 1 to 11A.

(3) Any institution which—

(a) is administered by or on behalf of a body included in paragraph 9 or 10, and

(b) is established for the general purposes of, or for any special purpose of or in connection with, that body or any foundation, voluntary or foundation special school or schools.

SCHEDULE 4

SCHEDULE 5

1

The court may by virtue of section 68(5) and (6) exercise its jurisdiction with respect to charities in relation to—

(a) charities established or regulated by any provision of the Seamen's Fund Winding-up Act 1851 repealed by the Charities Act 1960;

(b) charities established or regulated by schemes under the Endowed Schools Act 1869 to 1948, or section 75 of the Elementary Education Act 1870 or by schemes given effect under section 2 of the Education Act 1973 or section 554 of the Education Act 1996;

(c) fuel allotments, that is, land which, by any enactment relating to inclosure or any instrument having effect under such an enactment, is vested in trustees upon trust that the land or the rents and profits of the land are to be used for the purpose of providing poor persons with fuel;

(d) charities established or regulated by any provision of the Municipal Corporations Act 1883 repealed by the Charities Act 1960 or by any scheme having effect under any such provision;

(e) charities regulated by schemes under the London Government Act 1899;

(f) charities established or regulated by orders or regulations under section 2 of the Regimental Charitable Funds Act 1935;

(g) charities regulated by sections 298 to 302 or by any such order as is mentioned in section 303.

2

Regardless of anything in section 19 of the Commons Act 1876 a scheme for the administration of a fuel allotment (within the meaning of paragraph 1(c)) may provide—

(a) for the sale or letting of the allotment or any part of it, for the discharge of the land sold or let from any restrictions as to the use of it imposed by or under any enactment relating to inclosure and for the application of the sums payable to the trustees of the allotment in respect of the sale or lease,

(b) for the exchange of the allotment or any part of it for other land, for the discharge from any such restrictions of the land given in exchange by the trustees of the allotment, and for the application of any money payable to those trustees for equality of exchange, or

SCHEDULE 6

SCHEDULE 7

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

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,

(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).

Part 2 — Particular amendments

Literary and Scientific Institutions Act 1854 (c. 112)

4

(1) In section 6, for “except with the consent of the Charity Commission or in accordance with such provisions of section 36(2) to (8) of the Charities Act 1993 as are applicable” substitute “ except with the consent of the Charity Commission or in accordance with such provisions of sections 117(2) and 119 to 121 of the Charities Act 2011 as are applicable ”.

(2) This paragraph does not extend to Northern Ireland.

Places of Worship Registration Act 1855 (c. 81)

5

(1) In section 9(1)—

(a) for “shall, so far as it is a charity, be treated for the purposes of section 3A(4)(b) of the Charities Act 1993 (institutions to be excepted from registration under that Act) as if that provision applied to it” substitute “ is, so far as it is a charity, to be treated for the purposes of section 31(3) of the Charities Act 2011 (institutions required to be excepted from registration under that Act) as if that provision applied to it ”, and

(b) paragraph (b) continues to have effect with the substitution, for “Charity Commissioners” of “Charity Commission”.

(2) For section 9(2) substitute—

(2) Section 337 of the 2011 Act (provisions as to orders under that Act) applies to any order under subsection (1)(b) as it applies to orders under that Act.

Places of Worship Sites Amendment Act 1882 (c. 21)

6

In section 1(d) for “except with the consent of the Charity Commission or in accordance with such provisions of section 36(2) to (8) of the Charities Act 1993 as are applicable” substitute “ except with the consent of the Charity Commission or in accordance with such provisions of sections 117(2) and 119 to 121 of the Charities Act 2011 as are applicable ”.

Technical and Industrial Institutions Act 1892 (c. 29)

7

In section 9(1), for “with the consent of the Charity Commission or in accordance with such provisions of section 36(2) to (8) of the Charities Act 1993 as are applicable” substitute “ with the consent of the Charity Commission or in accordance with such provisions of sections 117(2) and 119 to 121 of the Charities Act 2011 as are applicable ”.

Open Spaces Act 1906 (c. 25)

8

(1) In section 4(1A)(b), for “section 36(2) to (8) of the Charities Act 1993” substitute “ sections 117(2) and 119 to 121 of the Charities Act 2011 ”.

(2) For section 4(4) substitute—

(4) Section 337 of the Charities Act 2011 (provisions as to orders under that Act) applies to any order of the Charity Commission under this section as it applies to orders made by it under that Act.

(3) This paragraph does not extend to Northern Ireland.

New Parishes Measure 1943 (No. 1)

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

London County Council (General Powers) Act 1947 (c. xlvi)

11

For section 6(3) substitute—

(3) In relation to any disposition of land falling within section 117(1) of the Charities Act 2011, the Council or the borough council may, instead of acting with the sanction of an order of the court or of the Charity Commission, make the disposition in accordance with such provisions of sections 117(2) and 119 to 121 of that Act as are applicable.

London County Council (General Powers) Act 1955 (c. xxix)

12

For section 34(3) substitute—

(3) In relation to any disposition of land falling within section 117(1) of the Charities Act 2011, the Council may, instead of acting with the sanction of an order of the court or of the Charity Commission, make the disposition in accordance with such provisions of sections 117(2) and 119 to 121 of that Act as are applicable.

Incumbents and Churchwardens (Trusts) Measure 1964 (No. 2)

13

In section 1, in the definition of “permanent trusts” for “section 96(3) of the Charities Act 1993” substitute “ section 353(3) of the Charities Act 2011 ”.

Co-operative and Community Benefit Societies and Credit Unions Act 1965 (c. 12)

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Leasehold Reform Act 1967 (c. 88)

15

In section 23(4), for “section 36 of the Charities Act 1993” substitute “ sections 117 to 121 of the Charities Act 2011 ”.

Co-operative and Community Benefit Societies and Credit Unions Act 1968 (c. 55)

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Redundant Churches and other Religious Buildings Act 1969 (c. 22)

17

(1) In section 4, for subsections (6) to (8A) substitute—

(6) The Charity Commission may, on the application of the acquirer of the relevant premises, by order establish a scheme under section 69 of the Charities Act 2011 (Commission's concurrent jurisdiction with the High Court for certain purposes) making provision for the restoration of the relevant premises, or part of them, to use as a place of public worship. (7) The Charity Commission may so establish any such scheme notwithstanding— (a) anything in section 70(2) of that Act, or (b) that the relevant charity has ceased to exist; and if the relevant charity has ceased to exist, any such scheme may provide for the constitution of a charity by or in trust for which the relevant premises are to be held on the restoration of those premises, or part of them, to use as a place of public worship. (8) The Charity Commission has the same jurisdiction and powers in relation to the establishment of a scheme under subsection (2) above as it has under the provisions of sections 69 to 71 of the Charities Act 2011 (except section 70(4) and (5)) in relation to the establishment of a scheme for the administration of a charity; and section 88 of that Act (publicity relating to schemes) accordingly has effect in relation to the establishment of a scheme under subsection (2) above as it has effect in relation to the establishment of a scheme for the administration of a charity. (8A) Chapter 2 of Part 17 of, and Schedule 6 to, the Charities Act 2011 (appeals and applications to Tribunal) apply in relation to an order made by virtue of subsection (8) above as they apply in relation to an order made under section 69(1) of that Act.

(2) In section 4(13), for the definition of “charity” substitute—

“charity” has the meaning given by section 10 of the Charities Act 2011

(3) In section 4(13), for the definition of “the court” substitute—

“the court” has the same meaning as in the Charities Act 2011;

18

In section 7, for subsection (2) substitute—

(2) Nothing in this Act affects— (a) any power of the court (within the meaning of the Charities Act 2011) or the Charity Commission to establish a scheme for the administration of a charity, or (b) the power of the Charity Commission under section 105 of that Act to authorise dealings with trust property.

19

In section 2(4), for “the Charities Act 1993” substitute “ the Charities Act 2011 ”.

20

(1) In section 8(1), for “the Charities Act 1993” substitute “ the Charities Act 2011 ”.

(2) In section 8(2), for “section 96(2) of the Charities Act 1993” substitute “ section 10(2) to (4) of the Charities Act 2011 ”.

(3) In section 8(3), for “Section 36 of the Charities Act 1993 (restrictions on dispositions of charity land)” substitute “ Sections 117 to 121 of the Charities Act 2011 (restrictions on dispositions of charity land) ”.

Synodical Government Measure 1969 (No. 2)

21

(1) Amend Schedule 3 as follows.

(2) In Rule 46A(a), for “section 72(1) of the Charities Act 1993 and the disqualification is not for the time being subject to a general waiver by the Charity Commission under subsection (4) of that section or to a waiver by it under that subsection” substitute “ section 178 of the Charities Act 2011 and the disqualification is not for the time being subject to a general waiver by the Charity Commission under section 181 of that Act or to a waiver by it under that section ”.

(3) In Rule 54(1)—

(a) in the definition of “auditor”, for “section 43(2) of the Charities Act 1993” substitute “ section 144(2) of the Charities Act 2011 ”, and

(b) in the definition of “independent examiner”, for “Section 43(3)(a) of the Charities Act 1993” substitute “ section 145(1)(a) of the Charities Act 2011 ”.

(4) In Section 4 of Appendix I, in Note 3, for “section 72(1) of the Charities Act 1993 and the disqualification is not for the time being subject to a general waiver by the Charity Commission under subsection (4) of that section or to a waiver by it under that subsection” substitute “ section 178 of the Charities Act 2011 and the disqualification is not for the time being subject to a general waiver by the Charity Commission under section 181 of that Act or to a waiver by it under that section ”.

(5) In Section 6 of Appendix I, in the Note, for “section 72(1) of the Charities Act 1993 and the disqualification is not for the time being subject to a general waiver by the Charity Commission under subsection (4) of that section or to a waiver by it under that subsection” substitute “ section 178 of the Charities Act 2011 and the disqualification is not for the time being subject to a general waiver by the Charity Commission under section 181 of that Act or to a waiver by it under that section ”.

(6) In Appendix II, in paragraph 16, “the Charity Commission for an order for directions pursuant to section 44(2) of the Charities Act 1993” substitute “ the Charity Commission for an order for directions pursuant to section 155 of the Charities Act 2011 ”.

Local Government Act 1972 (c. 70)

22

In section 11(3)(c), for “section 79 of the Charities Act 1993 (parochial charities)” substitute “ sections 298 to 303 of the Charities Act 2011 (parochial charities) ”.

23

In section 27F(6), for “section 79 of the Charities Act 1993 (parochial charities)” substitute “ sections 298 to 303 of the Charities Act 2011 (parochial charities) ”.

24

In section 27H(6), for “section 79 of the Charities Act 1993 (parochial charities)” substitute “ sections 298 to 303 of the Charities Act 2011 (parochial charities) ”.

25

In section 29(6), for “section 79 of the Charities Act 1993 (parochial charities)” substitute “ sections 298 to 303 of the Charities Act 2011 (parochial charities) ”.

26

In section 127(4) for “the Charities Act 1993” substitute “ the Charities Act 2011 ”.

27

In section 131(3)—

(a) for “section 36 of the Charities Act 1993 (restrictions on disposition of charity land)” substitute “ sections 117 to 121 of the Charities Act 2011 (restrictions on dispositions of charity land) ”, and

(b) for “section 36(9)(a) of that Act (certain statutorily authorised transactions not to require the sanction of the Charity Commission)” substitute “ section 117(3)(a) (certain statutorily authorised dispositions not to require the sanction of the Charity Commission) ”.

28

In Schedule 12A, for paragraphs 8(f) and 19(f) substitute—

(f) the Charities Act 2011.

Consumer Credit Act 1974 (c. 39)

29

In section 189(1), in the definition of “charity”, for “the Charities Act 1993” substitute “ the Charities Act 2011 ”.

Friendly Societies Act 1974 (c. 46)

30

In section 32A(6), for “as defined by section 1(1) of the Charities Act 2006,” substitute “ as defined by section 1(1) of the Charities Act 2011, ”.

House of Commons Disqualification Act 1975 (c. 24)

31

Part 2 of Schedule 1 continues to include, at the appropriate place— “ The Charity Commission. ”

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

32

Part 2 of Schedule 1 continues to include, at the appropriate place— “ The Charity Commission. ”

Theatres Trust Act 1976 (c. 27)

33

In section 2(2)(d), for “sections 36 and 38 of the Charities Act 1993” substitute “ sections 117 to 121 and 124 of the Charities Act 2011 ”.

Endowments and Glebe Measure 1976 (No. 4)

34

In section 11(2), for “the Charity Commission or in accordance with such provisions of section 36(2) to (8) of the Charities Act 1993 as are applicable” substitute “ the Charity Commission or in accordance with such provisions of sections 117(2) and 119 to 121 of the Charities Act 2011 as are applicable ”.

Interpretation Act 1978 (c. 30)

35

In Schedule 1, for the definition of “Charity Commission” substitute—

“Charity Commission” means the Charity Commission for England and Wales (see section 13 of the Charities Act 2011).

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

36

In section 49(3), for “the Charities Act 1993” substitute “ the Charities Act 2011 ”.

Disused Burial Grounds (Amendment) Act 1981 (c. 18)

37

For section 6 substitute—

(6) Nothing in this Act affects the charitable jurisdiction of the High Court or the Charity Commission and in particular, in the absence of appropriate provisions in the governing instrument of the charity concerning— (a) the future use of the said land, or (b) the application of the proceeds of sale of the whole or any part of it, it is under section 61 of the Charities Act 2011 the duty of the church or religious body owning the land or other trustees of the said land to make an application for the appropriate relief by way of a scheme.

Pastoral Measure 1983 (No. 1)

38

For section 55(1) substitute—

(1) The power of the court (as defined by the Charities Act 2011) to make schemes under its jurisdiction with respect to charities, and the power of the Charity Commission to make schemes under that Act, extend to the making of schemes with respect to consecrated chapels belonging to charities which are no longer needed for the purposes of the charity, and section 10(2)(c) of that Act shall not be taken as preventing the making of any such scheme.

39

In section 63(3), for “the Charities Act 1993” substitute “ the Charities Act 2011 ”.

40

In section 87(1), in the definition of “charity”, for “section 96 of the Charities Act 1993” substitute “ section 10 of the Charities Act 2011 ”.

41

(1) Amend Schedule 3 as follows.

(2) In paragraph 11(6)—

(a) for “section 16 of the Charities Act 1993” substitute “ section 69 of the Charities Act 2011 ”, and

(b) for “that section” substitute “ sections 69 to 71 of that Act ”.

(3) In paragraph 16(1)(e) for “section 16 of the Charities Act 1993” substitute “ section 69 of the Charities Act 2011 ”.

Greater London Council (General Powers) Act 1984 (c. xxvii)

42

In section 10(2)(n), for “the Charities Act 1993” substitute “ the Charities Act 2011 ”.

Housing Act 1985 (c. 68)

43

In section 6A(5), for “in accordance with section 3A of the Charities Act 1993” substitute “ in accordance with section 30 of the Charities Act 2011 ”.

44

In section 525, in the definition of “charity trustees”, for “the Charities Act 1993” substitute “ the Charities Act 2011 ”.

Housing Associations Act 1985 (c. 69)

45

In section 10(1), for “sections 36 and 38 of the Charities Act 1993” substitute “ sections 117 to 121 and 124 of the Charities Act 2011 ”.

46

In section 35(2)(c), for “section 36 of the Charities Act 1993 (restrictions on dispositions of charity land)” substitute “ sections 117 to 121 of the Charities Act 2011 (restrictions on dispositions of charity land) ”.

Coal Industry Act 1987 (c. 3)

47

(1) In section 5(7), for “the Charities Act 1993” substitute “ the Charities Act 2011 ”.

(2) For section 5(8) to (8B) substitute—

(8) Sections 70(1), 71, 73(1) to (6), 74, 88 and 89 of the Charities Act 2011 apply in relation to the powers of the Commission and the making of schemes under this section as they apply in relation to its powers and the making of schemes under that Act and sections 337 and 339 of that Act apply to orders and decisions under this section as they apply to orders and decisions under that Act. (8A) The Commission must not proceed under section 73 of that Act (as applied by subsection (8)) without the same application and notice to the trustees of the trust in question, as would be required if the Commission was proceeding under subsection (1); but on any application made with a view to a scheme under subsection (1) the Commission may proceed under that subsection or under section 73 of that Act (as so applied) as appears to it appropriate. (8B) Chapter 2 of Part 17 of, and Schedule 6 to, the Charities Act 2011 (appeals and applications to Tribunal) apply in relation to an order made under this section as they apply in relation to an order made under section 69(1) of that Act.

Reverter of Sites Act 1987 (c. 15)

48

For section 4(2) and (4) substitute—

(2) Chapter 2 of Part 17 of, and Schedule 6 to, the Charities Act 2011 (appeals and applications to Tribunal) apply in relation to an order made under section 2 above as they apply in relation to an order made under section 69(1) of that Act, except that the persons who may bring an appeal against an order made under section 2 above are— (a) the Attorney General; (b) the trustees of the trust established under the order; (c) a beneficiary of, or the trustees of, the trust in respect of which the application for the order had been made; (d) any person interested in the purposes for which the last-mentioned trustees or any of their predecessors held the relevant land before the cesser of use in consequence of which the trust arose under section 1 above; (e) any two or more inhabitants of the locality where that land is situated; (f) any other person who is or may be affected by the order. (4) Sections 337 and 339 of the Charities Act 2011 (supplemental provisions with respect to orders) apply in relation to orders under section 2 above as they apply in relation to orders under that Act.

Education Reform Act 1988 (c. 40)

49

In section 124(2)(fa), for “(within the meaning of section 69A of the Charities Act 1993)” substitute “ (within the meaning of Part 11 of the Charities Act 2011) ”.

50

For section 125A substitute—

(125A) A higher education corporation shall be a charity and— (a) an English higher education corporation is, in accordance with Schedule 3 to the Charities Act 2011, an exempt charity for the purposes of that Act, and (b) a Welsh higher education corporation is, in accordance with regulations made in compliance with section 31(3) of that Act, excepted from registration under that Act.

51

In section 128(5), for “ “charitable purposes” has the same meaning as in the Charities Act 1993” substitute “charitable purposes” has the meaning given by section 11 of the Charities Act 2011 ”.

Copyright, Designs and Patents Act 1988 (c. 48)

52

In Schedule 6, in paragraph 7(3), for “the Charities Act 1993” substitute “ the Charities Act 2011 ”.

Imperial College Act 1988 (c. xxiv)

53

In section 10, for “ “the Commissioners” and “the court” have the same meanings as in the Charities Act 1993” substitute “ “the Commission” and “the court” have the same meanings as in the Charities Act 2011”.

54

(1) In section 17(1), for “section 22 of the Charities Act 1960” substitute “ section 96 of the Charities Act 2011 ”.

(2) In section 17(2)—

(a) for “the Commissioners” substitute “ the Commission ”, and

(b) for “the said section 22” substitute “ section 96 of the 2011 Act ”.

Courts and Legal Services Act 1990 (c. 41)

55

In Schedule 11, for the entry beginning “Member of the Charity Commission” substitute— “ Member of the Charity Commission appointed as provided in Schedule 1 to the Charities Act 2011. ”

London Local Authorities Act 1991 (c. xiii)

56

In section 4, in paragraph (d) of the definition of “establishment for special treatment” for “in accordance with section 3A of the Charities Act 1993 or is not required to be registered (by virtue of subsection (2) of that section)” substitute “ in accordance with section 30 of the Charities Act 2011 or is not required to be registered (by virtue of subsection (2) of that section) ”.

Further and Higher Education Act 1992 (c. 13)

57

In section 19(4)(bc), for “(within the meaning of section 69A of the Charities Act 1993)” substitute “ (within the meaning of Part 11 of the Charities Act 2011) ”.

58

For section 22A substitute—

(22A) A further education corporation shall be a charity (and, in accordance with Schedule 3 to the Charities Act 2011, is an exempt charity for the purposes of that Act).

59

In section 27(5), for “ “charitable purposes” has the same meaning as in the Charities Act 1993” substitute “charitable purposes” has the meaning given by section 11 of the Charities Act 2011 ”.

60

In section 33F(6)(d), for “(within the meaning of section 69A of the Charities Act 1993)” substitute “ (within the meaning of Part 11 of the Charities Act 2011) ”.

61

In section 33M, for “(and, as a result of its inclusion in Schedule 2 to the Charities Act 1993, is an exempt charity for the purposes of that Act)” substitute “ (and, as a result of its inclusion in Schedule 3 to the Charities Act 2011, is an exempt charity for the purposes of that Act) ”.

62

In section 33N(10), for “ “charitable purposes” has the same meaning as in the Charities Act 1993” substitute “charitable purposes” has the meaning given by section 11 of the Charities Act 2011 ”.

63

In section 69—

(a) in subsection (1A), for “section 13 of the Charities Act 2006)” substitute “ section 25 of the Charities Act 2011) ”, and

(b) in subsection (1B), for “section 10A of the Charities Act 1993” substitute “ section 56 or 57 of that Act ”.

64

In section 79A—

(a) for “section 13 of the Charities Act 2006)” substitute “ section 25 of the Charities Act 2011) ”, and

(b) for “subsection (2) of that section” substitute “ section 26(2) of that Act ”.

Charities Act 1992 (c. 41)

65

(1) In section 58(1), in the definition of “company” for “section 97 of the Charities Act 1993” substitute “ section 353 of the Charities Act 2011 ”.

(2) In section 58(4), for “as defined by section 2(1) of the Charities Act 2006” substitute “ as defined by section 2(1) of the Charities Act 2011 ”.

66

In section 63(2), for “section 3 of the Charities Act 1993” substitute “ section 29 of the Charities Act 2011 ”.

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

67

In section 93(6)(a), for “section 36 of the Charities Act 1993” substitute “ sections 117 to 121 of the Charities Act 2011 ”.

Environment Act 1995 (c. 25)

68

In Schedule 9, in paragraph 15, for “Sections 76 to 78 of the Charities Act 1993” substitute “ Sections 294 to 297 of the Charities Act 2011 ”.

Reserve Forces Act 1996 (c. 14)

69

(1) In Schedule 5, in paragraph 2, in the definition of “charity”, for “as it has under section 1(1) of the Charities Act 2006” substitute “ as it has under section 1(1) of the Charities Act 2011 ”.

(2) In paragraph 5 of that Schedule, for sub-paragraphs (2) and (3) substitute—

(2) An application under this paragraph— (a) may be made at any time within the period of 6 months beginning with the day on which the warrant comes into force; and (b) is subject to subsections (2) to (5) of section 115 of the Charities Act 2011 (proceedings not to be begun without the consent of the Charity Commission or leave of a judge of the High Court), and for the purposes of subsection (5) of that section an application for an order of the Commission authorising proceedings under this paragraph is deemed to be refused if it is not granted during the period of one month beginning with the day on which the application is received by the Commission. (3) In this paragraph “the court” has the same meaning as in the Charities Act 2011.

(3) For paragraph 6 substitute—

(6) In any case where— (a) the Secretary of State requests the Charity Commission to make provision with respect to any charitable property which is held for the purposes of a unit of a reserve force that has been or is to be disbanded, or (b) an order is made under paragraph 4 or 5 excluding any charitable property so held from the operation of paragraph 3(1), the Commission may, regardless of anything in section 70(2) of the Charities Act 2011 (limit on jurisdiction to make schemes etc. for the protection of charities), exercise its jurisdiction under section 69 with respect to the property to which the request or order relates.

Trusts of Land and Appointment of Trustees Act 1996 (c. 47)

70

In Schedule 1, in paragraph 4(2)—

(a) in paragraph (a), for “section 37(1) nor section 39(1) of the Charities Act 1993” substitute “ section 122(2) nor section 125(1) of the Charities Act 2011 ”, and

(b) in paragraph (b), for “section 37(2) nor section 39(2)” substitute “ section 122(3) nor section 125(2) ”.

Housing Act 1996 (c. 52)

71

In section 58, for subsection (1) substitute—

(1) In this Part— (a) “trusts”, in relation to a charity, has the same meaning as in the Charities Act 2011 and “trustee” means a charitable trustee within the meaning of that Act, and (b) “registered charity” means a charity which is registered in accordance with section 30 of that Act.

72

(1) Amend Schedule 1 as follows.

(2) In paragraph 4(2)(d), for “section 72 of the Charities Act 1993” substitute “ section 178 of the Charities Act 2011 ”.

(3) For paragraph 18(4) substitute—

(4) The charity must appoint a qualified auditor (“the auditor”) to audit the accounts prepared in accordance with sub-paragraph (3) in respect of each period of account in which— (a) the charity's gross income arising in connection with its housing activities exceeds the sum for the time being specified in section 144(1)(a) of the Charities Act 2011, or (b) the charity's gross income arising in that connection exceeds the accounts threshold and at the end of that period the aggregate value of its assets (before deduction of liabilities) in respect of its housing activities exceeds the sum for the time being specified in section 144(1)(b) of that Act; and in this sub-paragraph “gross income” and “accounts threshold” have the same meanings as in section 144 of that Act.

(4) In paragraph 18A(2)(b), for “the Charities Act 1993” substitute “ the Charities Act 2011 ”.

Housing Grants, Construction and Regeneration Act 1996 (c. 53)

73

In section 95(6), for “but otherwise has the same meaning as in the Charities Act 1993” substitute “ but otherwise has the same meaning as it has under section 10 of the Charities Act 2011 ”.

Education Act 1996 (c. 56)

74

In section 537C—

(a) in subsection (1)(a), for “section 13 of the Charities Act 2006)” substitute “ section 25 of the Charities Act 2011) ”, and

(b) in subsection (2), for “section 10A of the Charities Act 1993” substitute “ section 56 or 57 of the Charities Act 2011 ”.

School Standards and Framework Act 1998 (c. 31)

75

(1) In section 23, for subsection (1A) substitute—

(1A) Any body to which subsection (1)(a) or (b) applies is, as a result of its inclusion in Schedule 3 to the Charities Act 2011, an exempt charity for the purposes of that Act.

(2) In subsection (3), for “, and is an institution to which section 3A(4)(b) of the Charities Act 1993 applies” substitute “ and is an institution which is to be treated for the purposes of section 31(3) of the Charities Act 2011 as if that provision applied to it. ”

(3) For subsection (4)(a) substitute—

(a) institution” has the same meaning as in the Charities Act 2011;

76

In section 23A(10), in the definitions of “charity trustee” and “institution”, for “the Charities Act 1993” substitute “ the Charities Act 2011 ”.

77

In section 23B(2), for “section 18 of the Charities Act 1993” substitute “ section 76 or sections 79 to 81 of the Charities Act 2011 ”.

78

In Schedule 1, for paragraph 10 substitute—

(10) An Education Action Forum shall be a charity and is an institution which is to be treated for the purposes of section 31(3) of the Charities Act 2011 (institutions required to be excepted from registration under that Act) as if that provision applied to it.

79

In Schedule 22, in paragraph 8A(2)(c), for “removed under subsection (4) of section 3 of the Charities Act 1993 from the register of charities kept under that section,” substitute “ removed under section 34 of the Charities Act 2011 from the register of charities kept under section 29 of that Act, ”.

National Institutions Measure 1998 (No. 1)

80

(1) In section 3(1), for “Part VI of the Charities Act 1993” substitute “ Part 8 of the Charities Act 2011 ”.

(2) In section 3(2), for “under subsection (2) of section 43 of that Act to carry out an audit under that subsection” substitute “ under subsection (2) of section 144 of that Act to carry out an audit under that subsection ”.

(3) In section 3(3), for “Part VI, to have been appointed in pursuance of the said section 43” substitute “ Part 8, to have been appointed in pursuance of the said section 144 ”.

Finance Act 1999 (c. 16)

81

In Schedule 19, in paragraph 15—

(a) in sub-paragraph (a), for “or section 24 of the Charities Act 1993,” substitute “ , section 24 of the Charities Act 1993 or section 96 of the Charities Act 2011, ” and

(b) in sub-paragraph (b), for “or section 25 of the Charities Act 1993” substitute “ , section 25 of the Charities Act 1993 or section 100 of the Charities Act 2011 ”.

Cathedrals Measure 1999 (No. 1)

82

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

83

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

84

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

85

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial Services and Markets Act 2000 (c. 8)

86

In Schedule 11A, in paragraph 7(2)(a), for the words from “within the meaning of—” to “(ii)” substitute

— (i) as defined by section 1(1) of the Charities Act 2011, or (ii) within the meaning of

87

In Schedule 11B, in paragraph 12(4)(b), for “or section 24 or 25 of the Charities Act 1993 (c. 10)” substitute “ section 24 or 25 of the Charities Act 1993 or section 96 or 100 of the Charities Act 2011 ”.

Learning and Skills Act 2000 (c. 21)

88

In section 143(6)(d), for “the Charities Act 1993)” substitute “ the Charities Act 2011) ”.

Trustee Act 2000 (c. 29)

89

In section 38—

(a) in paragraph (a), for “section 24 of the Charities Act 1993” substitute “ section 96 of the Charities Act 2011 ”, and

(b) in paragraph (b), for “section 25” substitute “ section 100 ”.

90

In section 39(1)—

(a) in the definition of “charitable purposes”, for “has the same meaning as in the Charities Act 1993” substitute “ has the meaning given by section 11 of the Charities Act 2011 ”, and

(b) in the definition of “exempt charity” for “the Charities Act 1993” substitute “ the Charities Act 2011 ”.

Criminal Justice and Court Services Act 2000 (c. 43)

91

In section 42(1), for “ “charity trustee” has the same meaning as in the Charities Act 1993” substitute “charity trustee” has the same meaning as in the Charities Act 2011 ”.

Criminal Justice and Police Act 2001 (c. 16)

92

In Part 1 of Schedule 1, for paragraph 56A and its heading substitute—

(56A) The power of seizure conferred by section 48(3) of the Charities Act 2011 (seizure of material for the purposes of an inquiry under section 46 of that Act).

Churchwardens Measure 2001 (No. 1)

93

In section 2(1), for “under section 72(1) of the Charities Act 1993 (c 10) and the disqualification is not for the time being subject to a general waiver by the Charity Commission under subsection (4) of that section or to a waiver by it under that subsection” substitute “ under section 178 of the Charities Act 2011 and the disqualification is not for the time being subject to a general waiver by the Charity Commission under section 181 of that Act or to a waiver by it under that section ”.

Land Registration Act 2002 (c. 9)

94

In section 4(1)(aa), for “section 83 of the Charities Act 1993” substitute “ section 334 of the Charities Act 2011 ”.

Licensing Act 2003 (c. 17)

95

In section 16(3), omit the definition of “charity”.

96

In Schedule 2, for paragraph 5(4) substitute—

(4) In sub-paragraph (1)(d) “registered charity” means-- (a) a charity which is registered in accordance with section 30 of the Charities Act 2011, or (b) a charity which by virtue of subsection (2) of that section is not required to be so registered.

Higher Education Act 2004 (c. 8)

97

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27)

98

In section 54C(3), for “ “exempt charity” has the same meaning as in the Charities Act 1993 (see section 96 of that Act)” substitute “exempt charity” has the same meaning as in the Charities Act 2011 (see section 22 of that Act). ”

99

In section 63(1), in the definition of “English charity” for “as defined by section 1(1) of the Charities Act 2006” substitute “ “as defined by section 1(1) of the Charities Act 2011”.

100

In Schedule 3, for paragraph 4 substitute—

(4) The person appointed to chair the Charity Commission may make available to the Regulator, to assist in the exercise of the Regulator's functions— (a) any other member of the Commission appointed under paragraph 1(1) of Schedule 1 to the Charities Act 2011, or (b) any member of staff of the Commission appointed under paragraph 5(1) of that Schedule.

Pensions Act 2004 (c. 35)

101

In Schedule 3, for the entry relating to the Charity Commission substitute—

The Charity Commission	Functions under the Charities Act 2006 or the Charities Act 2011.

102

In Schedule 8, for the entry relating to the Charity Commission substitute—

The Charity Commission	Functions under the Charities Act 2006 or the Charities Act 2011.

Serious Organised Crime and Police Act 2005 (c. 15)

103

In section 146(3)(b), for “charity trustee (within the meaning of the Charities Act 1993 (c. 10))” substitute “ charity trustee (within the meaning of the Charities Act 2011) ”.

Education Act 2005 (c. 18)

104

In section 92(5), for “section 13 of the Charities Act 2006)” substitute “ section 25 of the Charities Act 2011) ”.

Gambling Act 2005 (c. 19)

105

In section 19(2)(a), for “purposes which are exclusively charitable according to the law of England and Wales” substitute “ purposes which are exclusively charitable purposes (as defined by section 2 of the Charities Act 2011) ”.

Charities and Trustee Investment (Scotland) Act 2005 (asp 10)

106

In section 36(1), for paragraphs (a) and (b) substitute—

(a) which is registered as a charity in England and Wales in accordance with section 30 of the Charities Act 2011, or (b) which, by virtue of subsection (2) of that section, is not required to register as a charity under that section.

107

In section 69(2)(d)(i), after “Wales under” insert “ section 79(2)(a) of the Charities Act 2011 or ” and for “18(2)(i) of that Act” substitute “ 18(2)(i) of the 1993 Act ”.

108

In section 96(3), for “sections 24 and 25 of the Charities Act 1993 (c. 10)” substitute “ sections 96 and 100 of the Charities Act 2011 ”.

Natural Environment and Rural Communities Act 2006 (c. 16)

109

In section 81(2)(h), for “section 13 of the Charities Act 2006)” substitute “ section 25 of the Charities Act 2011) ”.

Education and Inspections Act 2006 (c. 40)

110

In Schedule 2, in paragraph 10(2)(b), for “charity trustee (within the meaning of the Charities Act 1993 (c. 10))” substitute “ charity trustee (within the meaning of the Charities Act 2011) ”.

National Health Service Act 2006 (c. 41)

111

In section 217(5), for “the court (as defined in the Charities Act 1993 (c. 10))” substitute “ the court (as defined in the Charities Act 2011) ”.

National Health Service (Wales) Act 2006 (c. 42)

112

In section 165(5), for “the court (as defined in the Charities Act 1993 (c. 10))” substitute “ the court (as defined in the Charities Act 2011) ”.

Companies Act 2006 (c. 46)

113

In section 21(2)(a), for “section 64 of the Charities Act 1993 (c. 10)” substitute “ sections 197 and 198 of the Charities Act 2011 ”.

114

In section 31(4)(a), for “section 64 of the Charities Act 1993 (c. 10)” substitute “ sections 197 and 198 of the Charities Act 2011 ”.

115

In—

(a) section 1140(2)(c)(ii), and

(b) section 1154(1)(b) and (2)(b),

for “section 18 of the Charities Act 1993 (c. 10)” substitute “ section 76 of the Charities Act 2011 ”.

116

In Schedule 1, in paragraph 6(4)(b) for “or section 24 or 25 of the Charities Act 1993 (c. 10),” substitute “ , section 24 or 25 of the Charities Act 1993 or section 96 or 100 of the Charities Act 2011, ”.

Safeguarding Vulnerable Groups Act 2006 (c. 47)

117

In Schedule 4, in—

(a) paragraph 4(7) and

(b) paragraph 8(6),

for “ “charity trustee” has the same meaning as in the Charities Act 1993 (c. 10)” substitute “charity trustee” has the same meaning as in the Charities Act 2011 ”.

Charities Act 2006 (c. 50)

118

In section 54(2), for “section 9 of the 1993 Act” substitute “ section 52 of the Charities Act 2011 ”.

119

In section 72(3), for “section 10(2) to (4) of the 1993 Act” substitute “ section 55 of the Charities Act 2011 ”.

120

(1) In section 73(5)(b), for “the appointed day (within the meaning of section 10 of this Act)” substitute “ 31 January 2009 ”.

(2) After section 73(5) insert—

(6) This section has effect, in relation to any time occurring on or after the commencement of the Charities Act 2011 as if— (a) the reference in subsection (1) to the operation of this Act included (in relation to provisions of this Act repealed and re-enacted by the 2011 Act) a reference to the operation of the 2011 Act, (b) the reference in subsection (2)(a) to the effect of the Act included (in relation to provisions of this Act repealed and re-enacted by the 2011 Act) a reference to the effect of the 2011 Act, and (c) the reference in subsection (5)(a) to paragraph (b) or (c) of section 3A(2) of the 1993 Act (as amended by section 9 of this Act) were a reference to paragraph (b) or (c) of section 30(2) of the 2011 Act.

121

(1) In section 74(4), omit—

(a) paragraphs (a) and (b), and

(b) in paragraph (e), “76 or”.

(2) In section 74(5), omit “(a), (b),”.

(3) Omit section 74(6).

122

Omit section 76.

123

(1) In section 78(2)—

(a) omit paragraph (a);

(b) in paragraph (b), for “(in accordance with section 2(6)) the meaning given by section 2(1)” substitute “ (in accordance with section 2(2) of the Charities Act 2011) the meaning given by section 2(1) of that Act ”;

(d) omit the words following paragraph (c).

(2) Omit section 78(3).

(3) In section 78(4)(c), omit “6(5) or”.

124

In section 79(1), omit—

(a) paragraph (a), and

(b) in paragraph (g), the words from “paragraph 104” to “paragraph 174(d)”.

125

In section 80—

(a) omit subsections (3)(a), (b) and (d) (but not the “and” following it), (4), (5)(a) to (c) and (e) (but not the “and” following it), (6) and (8),

(b) in subsections (3)(e) and (5)(f), for “76” substitute “ 77 ”, and

(i) omit “also” and paragraph (a) (together with the “or” following it), and

(ii) in paragraph (b), for “those” substitute “ the amendments ”.

Income Tax Act 2007 (c. 3)

126

(1) Amend section 558 as follows.

(2) Under the heading “Type 2”, for “or” preceding paragraph (c) substitute—

(bb) section 96 of the Charities Act 2011, or

(3) Under the heading “Type 3”, omit “or” preceding paragraph (b) and at the end of paragraph (b) insert

or (c) section 100 of the Charities Act 2011.

Legal Services Act 2007 (c. 29)

127

In section 194(9)(a), for “in accordance with section 3A of the Charities Act 1993 (c. 10),” substitute “ in accordance with section 30 of the Charities Act 2011, ”.

Dioceses, Pastoral and Mission Measure 2007 (No. 1)

128

In section 62(1), in the definition of “charity”, for “section 78(2) of the Charities Act 2006 (c. 50)” substitute “ section 10 of the Charities Act 2011 ”.

129

In Schedule 2, in paragraph 13(2), for “charity trustee within the meaning of the Charities Act 1993 (1993 c. 10)” substitute “ charity trustee within the meaning of the Charities Act 2011 ”.

Regulatory Enforcement and Sanctions Act 2008 (c. 13)

130

In Schedule 3, omit “Charities Act 1993 (c. 10), sections 76 to 78” and after the entry relating to the Charities Act 2006 insert “ Charities Act 2011, sections 294 to 297 ”.

Housing and Regeneration Act 2008 (c. 17)

131

In section 135(6), for “sections 41 to 45 of the Charities Act 1993 (c. 10) (charity accounts)” substitute “ Part 8 of the Charities Act 2011 ”.

132

In section 136—

(a) in subsection (4), for “section 43(1)(a) of the Charities Act 1993” substitute “ section 144(1)(a) of the Charities Act 2011 ”,

(b) in subsection (5)(a), for “section 43(1) of the Charities Act 1993,” substitute “ section 144(1) of the Charities Act 2011, ”,

(d) in subsection (6), for “section 43 of the Charities Act 1993 (c. 10)” substitute “ section 144 of the Charities Act 2011 ”.

133

In section 138(3)(a), for “the Charities Act 1993” substitute “ the Charities Act 2011 ”.

134

In section 266(6), for “section 72 of the Charities Act 1993 (c. 10)” substitute “ section 178 of the Charities Act 2011 ”.

135

In section 275—

(a) in the definition of “non-registrable charity”, for “section 3A of the Charities Act 1993 (c. 10),”, substitute “ section 30 of the Charities Act 2011, ”, and

(b) in the definition of “registered charity”, for “the Charities Act 1993 (c. 10),” substitute “ the Charities Act 2011, ”.

Planning Act 2008 (c. 29)

136

(1) Amend section 210 as follows.

(2) In subsection (1)(b), for “section 2 of the Charities Act 2006 (c. 50)” substitute “ section 2 of the Charities Act 2011 ”.

(3) In subsection (4)—

(a) in paragraph (a), for “section 3 of the Charities Act 1993 (c. 10),” substitute “ section 29 of the Charities Act 2011, ”, and

(b) in paragraph (b), for “section 1(1) of the Charities Act 2006 but is not required to be registered in the register kept under section 3 of the Charities Act 1993” substitute “ section 1(1) of the Charities Act 2011 but is not required to be registered in the register kept under section 29 of that Act ”.

(4) In subsection (5), for “section 2(2) of the Charities Act 2006;” substitute “ section 3(1) of the Charities Act 2011; ”.

Charities Act (Northern Ireland) 2008 (c. 12 (N.I.))

137

In section 56(1)(a), for “under section 3 of the Charities Act 1993 (c. 10), or which, by virtue of section 3A(2) of that Act, is not required to register as a charity under that section” substitute “ in the register kept under section 29 of the Charities Act 2011, or which, by virtue of section 30(2) of that Act, is not required to be registered in that register ”.

138

In section 86(1)(e)—

(a) in sub-paragraph (i), after “under” insert “ section 79(2)(a) of the Charities Act 2011 or ”, and

(b) in sub-paragraph (ii), for “that provision” substitute “ section 18(2)(i) of the 1993 Act ”.

Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)

139

In section 71A(1), for “section 13 of the Charities Act 2006)” substitute “ section 25 of the Charities Act 2011) ”.

140

In Schedule 3, in paragraph 19(4)(c), for “(within the meaning of section 69A of the Charities Act 1993 (c. 10))” substitute “ (within the meaning of Part 11 of the Charities Act 2011) ”.

141

In Schedule 4, in paragraph 9(4)(c), for “(within the meaning of section 69A of the Charities Act 1993 (c. 10))” substitute “ (within the meaning of Part 11 of the Charities Act 2011) ”.

Corporation Tax Act 2010 (c. 4)

142

(1) Amend section 511 as follows.

(2) Under the heading “Type 2”, for “or” preceding paragraph (c) substitute—

(bb) section 96 of the Charities Act 2011, or

(3) Under the heading “Type 3”, omit “or” preceding paragraph (b) and at the end of paragraph (b) insert

or (c) section 100 of the Charities Act 2011.

Finance Act 2010 (c. 13)

143

(1) Amend Schedule 6 as follows.

(2) In paragraph 1(4)—

(a) for “see section 2 of the Charities Act 2006” substitute “ see section 2 of the Charities Act 2011 ”, and

(b) in paragraph (b), for “(see section 80(3) to (6) of that Act)” substitute “ (see sections 7 and 8 of that Act) ”.

(3) In paragraph 3(1)(a), for “within the meaning of the Charities Act 1993” substitute “ within the meaning of section 10 of the Charities Act 2011 ”.

(4) In paragraph 3(2), for “section 3 of the Charities Act 1993” substitute “ section 29 of the Charities Act 2011 ”.

Equality Act 2010 (c. 15)

144

In section 194(3)(a), for “section 1(1) of the Charities Act 2006” substitute “ section 1(1) of the Charities Act 2011 ”.

Church of England (Miscellaneous Provisions) Measure 2010 (No. 1)

145

In section 10(1), for “section 96(2) of the Charities Act 1993 (c. 10)” substitute “ section 10 of the Charities Act 2011 ”.

Mission and Pastoral Measure 2011 (No. 3)

146

For section 67(1) substitute—

(1) The power of the court (as defined by the Charities Act 2011) to make schemes under its jurisdiction with respect to charities, and the power of the Charity Commission to make schemes under that Act, shall extend to the making of schemes with respect to consecrated chapels belonging to charities which are no longer needed for the purposes of the charity, and section 10(2)(c) of that Act shall not be taken as preventing the making of any such scheme.

147

In section 77(3), for “the Charities Act 1993” substitute “ the Charities Act 2011 ”.

148

In section 106(1), in the definition of “charity”, for “section 78(2) of the Charities Act 2006 (c. 50)” substitute “ section 10 of the Charities Act 2011 ”.

149

(1) Amend Schedule 3 as follows.

(2) In paragraph 9(6)—

(a) for “section 16 of the Charities Act 1993” substitute “ section 69 of the Charities Act 2011 ”, and

(b) for “that section” substitute “ sections 69 to 71 of that Act ”.

(3) In paragraph 14(1)(e) for “section 16 of the Charities Act 1993” substitute “ section 69 of the Charities Act 2011 ”.

SCHEDULE 8

Part 1 — General

Continuity of the law

1

The repeal and re-enactment of provisions by this Act does not affect the continuity of the law.

2

A reference, express or implied, in this Act, another enactment or an instrument or document, to a provision of this Act is, subject to its context, to be read as being or including a reference to the corresponding provision repealed by this Act, in relation to times, circumstances or purposes in relation to which the repealed provision had effect.

3

(1) A reference, express or implied, in any enactment, instrument or document to a provision repealed by this Act is, subject to its context, to be read as being or including a reference to the corresponding provision of this Act, in relation to times, circumstances or purposes in relation to which that provision has effect.

(2) Where a power conferred by an Act is expressed to be exercisable in relation to enactments contained in Acts passed before or in the same Session as the Act conferring the power, the power is also exercisable in relation to provisions of this Act that reproduce such enactments.

(3) The powers in—

(a) section 75(4) and (5) of the Charities Act 2006 (to make supplementary and consequential provision etc.), and

(b) section 77 of that Act (to make amendments in consequence of, or in connection with, changes to the provisions of company law relating to the accounts of charitable companies etc.),

are, so far as they were exercisable in relation to any provision repealed and re-enacted by this Act, exercisable in relation to the corresponding provision of this Act.

(4) Sub-paragraphs (2) and (3) do not affect the generality of sub-paragraph (1).

4

Anything done, or having effect as if done, under (or for the purposes of or in reliance on) a provision repealed by this Act, and in force or effective immediately before the commencement of this Act, has effect after that commencement as if done under (or for the purposes of or in reliance on) the corresponding provision of this Act.

5

Paragraphs 1 to 4 have effect in place of section 17(2) of the Interpretation Act 1978; but nothing in this Schedule affects any other provision of that Act.

Effect of old transitionals and savings

6

The repeals made by this Act do not affect the operation of any transitional provision or saving relating to the coming into force of a provision reproduced in this Act in so far as the transitional provision or saving is not specifically reproduced in this Act but remains capable of having effect in relation to the corresponding provision of this Act or otherwise.

7

(1) The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings.

(2) The repeal by this Act of a saving on the previous repeal of an enactment does not affect the operation of the saving in so far as it is not specifically reproduced in this Act but remains capable of having effect.

Use of existing forms etc.

8

Any reference to an enactment repealed by this Act which is contained in a document made, served or issued after the commencement of the repeal is, subject to its context, to be read as being or including a reference to the corresponding provision of this Act.

Part 2 — Recreational etc. purposes

General

9

In this Part of this Schedule “the 1958 Act” means the Recreational Charities Act 1958.

10

(1) Where section 2 of the 1958 Act applied to any trusts immediately before the day on which section 5(3) of the Charities Act 2006 came into force, the repeal by this Act of paragraph 2 of Schedule 10 to the 2006 Act does not prevent the trusts from continuing to be charitable if they constitute a charity in accordance with section 1(1) of this Act.

(2) Sub-paragraph (1)—

(a) affects the law of Scotland only so far as it affects the construction of references to charities or charitable purposes in enactments which relate to matters falling within Section A1 of Part 2 of Schedule 5 to the Scotland Act 1998 (reserved matters: fiscal policy etc.);

(b) affects the law of Northern Ireland only so far as it affects the construction of references to charities or charitable purposes in enactments which relate to matters falling within paragraph 9 of Schedule 2 to the Northern Ireland Act 1998 (excepted matters: taxes and duties).

11

The repeal by this Act of subsections (2) and (3) of section 3 of the 1958 Act does not affect any saving in either of those subsections which is capable of having continuing effect.

Scotland

12

Sections 1 and 2 of the 1958 Act as in force before the commencement of section 5 of the Charities Act 2006 continue to have effect in relation to the law of Scotland so far as they affect the construction of any references to charities or charitable purposes which—

(a) are to be construed in accordance with the law of England and Wales, but

(b) are not contained in enactments relating to matters falling within Section A1 of Part 2 of Schedule 5 to the Scotland Act 1998 (reserved matters: fiscal policy etc.).

Northern Ireland

13

Sections 1 and 2 of the 1958 Act as in force before the commencement of section 5 of the Charities Act 2006 continue to have effect in relation to the law of Northern Ireland so far as they affect the construction of any references to charities or charitable purposes which—

(a) are to be construed in accordance with the law of England and Wales, but

(b) are not contained in enactments relating to matters falling within paragraph 9 of Schedule 2 to the Northern Ireland Act 1998 (excepted matters: taxes and duties).

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.