The Charities (Pre-consolidation Amendments) Order 2011

Made: 2nd June 2011

Coming into force in accordance with article 1

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Citation and commencement

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Amendments of enactments relating to charities

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SCHEDULE — AMENDMENTS OF ENACTMENTS RELATING TO CHARITIES

PART 1 — AMENDMENTS OF RECREATIONAL CHARITIES ACT 1958 (c. 17)

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PART 2 — AMENDMENTS OF CHARITIES ACT 1993 (c. 10)

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PART 3 — AMENDMENTS OF CHARITIES ACT 2006 (c. 50)

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PART 4 — AMENDMENTS RELATING TO THE MEANING OF “CHARITY”

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Signed

Nick Hurd — Parliamentary Secretary — Cabinet Office — 2nd June 2011

Explanatory note

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Footnotes

[^f00001]: 2006 c.50.

[^f00002]: “Amendments” and “the enactments relating to charities” are defined in section 76(5) of the Charities Act 2006.

[^f00003]: 1958 c.17. Section 1 of the 1958 Act was amended by section 5(2) of the Charities Act 2006.

[^f00004]: As to the effect of the amendment of section 1 by section 5 of the Charities Act 2006 in relation to the law of Scotland or Northern Ireland see section 80(3) to (6) of the 2006 Act.

[^f00005]: Section 1 was amended by the Charities Act 2006, section 5(2).

[^f00006]: Section 3 was amended by the Statute Law (Repeals) Act 2004 (c.14), Schedule 1.

[^f00007]: Section 1A was inserted by the Charities Act 2006, section 6(1).

[^f00008]: There are no amendments of section 2 relevant to this Order.

[^f00009]: Section 3A was inserted by the Charities Act 2006, section 9. There are no amendments of section 3A relevant to this Order.

[^f00010]: Section 8(3) was amended by the Charities Act 2006, Schedule 8, paragraphs 96 and 102.

[^f00011]: Section 9(1) was amended by the Charities Act 2006, Schedule 8, paragraphs 96 and 103. Section 9(4) was repealed, in relation to specified exempt charities, by the Charities Act 2006, Schedule 5, paragraph 3. The repeal is not yet fully in force.

[^f00012]: Section 28(9) was amended by the Charities Act 2006, Schedule 8, paragraphs 96 and 121.

[^f00013]: Section 84 was amended by the Charities Act 2006, Schedule 8, paragraphs 96 and 163.

[^f00014]: Section 9(3) was amended by the Charities Act 2006, Schedule 8, paragraphs 96 and 103.

[^f00015]: Section 31A was inserted by the Charities Act 2006, section 26.

[^f00016]: Section 85(1) was amended by the Charities Act 2006, Schedule 8, paragraphs 96 and 164.

[^f00017]: Section 14(6) was amended by the Charities Act 2006, Schedule 8, paragraphs 96 and 107. There are other amendments of section 14 not relevant to this Order.

[^f00018]: Section 14B was inserted by the Charities Act 2006, section 18.

[^f00019]: Section 17(2) was amended by the Charities Act 2006, Schedule 8, paragraphs 96 and 110, and by S.I. 2006/2951, Schedule, paragraph 4(j).

[^f00020]: Section 18(12) was amended by the Charities Act 2006, Schedule 8, paragraphs 96 and 111.

[^f00021]: Section 22(3) was amended by the Charities Act 2006, Schedule 8, paragraphs 96 and 114.

[^f00022]: Section 20 was substituted for that section as originally enacted by the Charities Act 2006, section 22.

[^f00023]: Section 79(7) was amended by the Local Government (Wales) Act 1994 (c. 19), Schedule 16, paragraph 101(4).

[^f00024]: Section 79(2) was amended by the Charities Act 2006, Schedule 8, paragraphs 96 and 161.

[^f00025]: Section 36(4)(a) was amended by S.I. 2006/2951, Schedule, paragraph 4(o).

[^f00026]: Section 39(1) was amended by the Land Registration Act 2002 (c.9), Schedule 11, paragraph 29(1) and (5).

[^f00027]: Section 43(1) was substituted by the Charities Act 2006, section 28(1) and (2). Section 43(1), as substituted, was amended by S.I. 2009/508, article 10.

[^f00028]: Section 43(9) was substituted by S.I. 2008/527, article 2. Section 43(9), as substituted, was amended by S.I. 2008/948, Schedule 1, paragraph 192.

[^f00029]: Section 43A was inserted by S.I. 2005/1074, article 3. Section 43A(5) was amended by the Charities Act 2006, Schedule 8, paragraphs 96 and 135.

[^f00030]: Section 57 was amended by the Charities Act 2006, Schedule 8, paragraphs 96 and 147.

[^f00031]: Section 69I was inserted by the Charities Act 2006, Schedule 7. Schedule 7 is not yet fully in force.

[^f00032]: Section 69M was inserted by the Charities Act 2006, Schedule 7. Schedule 7 is not yet fully in force.

[^f00033]: Section 73D was inserted by the Charities Act 2006, section 38. It was amended by S.I. 2008/948, Schedule 3, paragraph 11.

[^f00034]: Schedule 5A was inserted by the Charities Act 2006, Schedule 6; it was amended by S.I. 2008/527, article 8 and S.I. 2008/948, Schedule 1, paragraph 192(1) and (10).

[^f00035]: Section 73E was inserted by the Charities Act 2006, section 38. It was amended by S.I. 2008/948, Schedule 3, paragraph 12.

[^f00036]: Section 74B was substituted (together with section 74 and 74A), for section 74 as originally enacted, by the Charities Act 2006, section 40.

[^f00037]: Section 80(1) was amended by the Charities Act 2006, Schedule 8, paragraphs 96 and 162.

[^f00038]: Section 84 was amended by the Charities Act 2006, Schedule 8, paragraphs 96 and 163.

[^f00039]: Section 86(3) was amended by the Charities Act 2006, Schedule 8, paragraphs 96 and 165 and by S.I. 2006/2951, Schedule, paragraph 4(y).

[^f00040]: Section 2B was inserted by the Charities Act 2006, section 8(1). There are amendments of section 2B not relevant to this Order.

[^f00041]: Section 89 was amended by the Charities Act 2006, Schedule 8, paragraphs 96 and 168.

[^f00042]: Section 97(1) was amended by S.I. 2008/948, Schedule 1, paragraphs 192(1) and (9). There are other amendments of section 97(1) not relevant to this Order.

[^f00043]: Schedule 1C was inserted by the Charities Act 2006, Schedule 4 (Schedule 4 is not yet fully in force). Schedule 1C was amended by S.I. 2009/1834, Schedule 1, paragraph 14, by S.I. 2009/1941, Schedule 1, paragraph 139 and by S.I. 2009/3348, article 4(3).

[^f00044]: Section 69(4) was amended by the Charities Act 2006, Schedule 8, paragraphs 96 and 154.

[^f00045]: Sections 69E, 69H and 69K were inserted by the Charities Act 2006, Schedule 7, paragraph 1.

[^f00046]: Section 96(6) was inserted by the Charities (Amendment) Act 1995, section 1. Sub-sections 96(5) and (6) were amended by the Charities Act 2006, Schedule 8, paragraphs 96 and 173.

[^f00047]: Schedule 3 was amended by the Local Government (Wales) Act 1994, Schedule 16, paragraph 101(5) and (6).

[^f00048]: 1963 c. xi. Schedule 1 to the 1963 Act was amended by the University and College Estates Act 1964 (c.51), Schedule 4.

[^f00049]: 1965 c.12. Section 5A was inserted by the Co-operatives and Community Benefit Societies Act 2003 (c.15), section 2. Section 7D was inserted by the Co-operatives and Community Benefit Societies Act 2003, section 3, and amended by the Charities Act 2006, Schedule 8, paragraph 47. The 1965 Act is prospectively re-named by the Co-operative and Community Benefit Societies and Credit Unions Act 2010 (c.7), section 2.

[^f00050]: 1996 c.14. There are no amendments of Schedule 5 relevant to this Order.

[^f00051]: 1967 c.88. Section 1(3A) was inserted by the Leasehold Reform, Housing and Urban Development Act 1993 (c.28), section 67. Section 1(3A) was amended by the Housing Act 1996 (c.52), Schedule 9, paragraph 2(2), and by the Housing and Regeneration Act 2008 (c.17), Schedule 16. The amendments made by the 2008 Act are not yet fully in force.

[^f00052]: 1976 c.80. Section 5(3)(f) was amended by the Rent Act 1977 (c.42), Schedule 23, paragraph 73, and by the Charities Act 1993, Schedule 6, paragraph 30. There are other amendments of section 5 of the 1976 Act not relevant to this Order.

[^f00053]: 1977 c.42. Section 15(2)(b) was amended by the Charities Act 1993, Schedule 6, paragraph 30. There are other amendments of section 15(2) not relevant to this Order.

[^f00054]: 1988 c.50. Ground 6 of Schedule 2 was amended by the Local Government and Housing Act 1989 (c.42), Schedule 11, paragraph 109, by the Charities Act 1993, Schedule 6, paragraph 30, by the Housing Act 1996 (c.52), Schedule 19, by S.I. 1996/2325, Schedule 2 paragraph 18 and by S.I. 2010/866, Schedule 2, paragraphs 63 and 74. Ground 14A of Schedule 2 was inserted by the Housing Act 1996, section 149. Ground 14A of Schedule 2 was amended by the Civil Partnership Act 2004 (c.33), Schedule 8, paragraph 43 and by S.I. 2010/866, Schedule 2, paragraph 63.

[^f00055]: 1990 c.43. Schedule 3A was inserted by the Clean Neighbourhoods and Environment Act 2005 (c.16), section 23(2).

[^f00056]: 1992 c.13. Section 33M was inserted by the Apprenticeships, Skills, Children and Learning Act 2009 (c.22), Schedule 8, paragraphs 1 and 3.

[^f00057]: 1993 c.28. Section 5(2) was amended by the Housing Act 1996, Schedule 9, paragraph 3(2), and by the Common and Leasehold Reform Act 2002 (c.15), Schedule 14.

[^f00058]: 1996 c.52. Section 158(1) was amended by the Anti-social Behaviour Act 2003 (c.38), section 13(7).

[^f00059]: 1968 c.55. Section 4A was inserted by S.I. 1996/1738, article 8. There are amendments of section 4A not relevant to this Order. The 1968 Act is prospectively re-named by the Co-operative and Community Benefit Societies and Credit Unions Act 2010, section 2.

[^f00060]: 1974 c.46. Section 32A was inserted by S.I. 1996/1738, article 10. There are amendments of section 32A not relevant to this Order.

[^f00061]: 1969 c.22. Section 4 was substituted by the Charities Act 1992 (c.41), Schedule 5, paragraph 1. Section 4(13) was amended by the Charities Act 1993, Schedule 6, paragraph 10.

[^f00062]: Section 96, so far as relating to the meaning of charity, was amended by the Charities Act 2006, Schedule 8, paragraphs 96 and 173 and by the Church of England (Miscellaneous Provisions) Measure 2000 (No. 1), section 11.

[^f00063]: 1985 c.68. The definition of “charity” in section 622(1) was amended by the Charities Act 1993, Schedule 6, paragraph 30. There are other amendments of section 622(1) not relevant to this Order.

[^f00064]: There are amendments of section 169 not relevant to this Order.

[^f00065]: The definition of “charity” in section 58(1) was amended by the Charities Act 1993, Schedule 6, paragraph 29(5). There are other amendments of section 58(1) not relevant to this Order.

[^f00066]: 1998 c.31. Section 23A was inserted by the Education and Inspections Act 2006 (c.40), section 33. Paragraph 8A of Schedule 22 was inserted by the Education and Inspections Act 2006, Schedule 4, paragraph 13. There are amendments of section 23A(10) and paragraph 8A not relevant to this Order.

[^f00067]: 1985 c.69. Section 38 was amended by the Charities Act 1993, Schedule 6, paragraph 21 and by S.I. 1996/2325, Schedule 1. Section 38 was repealed, in relation to Scotland, by the Housing (Scotland) Act 2001 (asp.10), Schedule 10, paragraph 11.

[^f00068]: 1987 c.31. The definition of “charity” in section 60(1) was amended by the Charities Act 1993, Schedule 6, paragraph 30. There are other amendments of section 60 not relevant to this Order.

[^f00069]: 1988 c.40. Section 125A was substituted, for section 125A as inserted by the Teaching and Higher Education Act 1998 (c.30), section 41, by the Charities Act 2006, Schedule 8, paragraph 85. Section 125A, as substituted, was amended by S.I. 2010/500, Schedule 1, paragraph 3.

[^f00070]: Section 22A was substituted, for section 22A as inserted by the Teaching and Higher Education Act 1998 (c.30), section 41, by the Charities Act 2006, Schedule 8, paragraph 88.

[^f00071]: There are amendments to Schedule 2 not relevant to this Order.

[^f00072]: Section 128(5) was amended by the Charities Act 1993, Schedule 6, paragraph 30.

[^f00073]: Section 27(5) was amended by the Further Education and Training Act 2007 (c.25), Schedule 1, paragraph 8. Section 33N was inserted by the Apprenticeships, Skills, Children and Learning Act 2009, Schedule 8, paragraphs 1 and 3. There are amendments of section 33N not relevant to this Order.

[^f00074]: 1996 c.52. Section 58(1) was amended by the Charities Act 2006, Schedule 8, paragraphs 183 and 191.

[^f00075]: Paragraph 10 of Schedule 1 was amended by the Charities Act 2006, Schedule 8, paragraphs 193 and 195.

[^f00076]: 2004 c.27. The definition of “charity” in section 63(1) was substituted for the definition, as originally enacted, by S.I. 2007/1093, Schedule 4, paragraph 24(3). The definition of “English charity” in section 63(1) was inserted by S.I. 2007/1093, Schedule 4, paragraph 24(4).

[^f00077]: 2000 c.43. There are amendments of section 42 not relevant to this Order.

[^f00078]: 2006 c.47. Schedule 4, paragraph 4(7) was amended by S.I. 2009/2610, article 26 and by S.I. 2010/1154, articles 2 and 5.

Editorial notes