Charities Act 2006

SCHEDULE 10 Transitional provisions and savings

Section 75 Section 4: guidance as to operation of public benefit requirement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 5: recreational charities etc. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 18: cy-près schemes 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 19: suspension or removal of trustee etc. from membership of charity 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 20: specific directions for protection of charity 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 26: offence of obstructing power of entry 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 28: audit or examination of accounts of charity which is not a company 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 29: auditor etc. of charity which is not a company to report matters to Commission 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 32: audit or examination of accounts of charitable companies 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 33: auditor etc. of charitable company to report matters to Commission 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 35: waiver of trustee's disqualification 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 36: remuneration of trustees etc. providing services to charity 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 38: relief from liability for breach of trust or duty 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 44: registration of charity mergers 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 67: statements relating to fund-raising 15 The amendments made by section 67 apply in relation to any solicitation or representation to which section 60(1), (2) or (3) of the 1992 Act applies and which is made on or after the day on which section 67 comes into force. Section 72: Disclosure of information to and by Northern Ireland regulator 16 In relation to an offence committed in England and Wales before 2 May 2022, the reference to the general limit in a magistrates’ court in section 72(6) is to be read as a reference to 6 months. Schedule 6: group accounts 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 8: minor and consequential amendments 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 9: savings on repeal of provisions of Charities Act 1960 21 (1) This paragraph applies where, immediately before the coming into force of the repeal by this Act of section 35(6) of the Charities Act 1960 (c. 58) (transfer and evidence of title to property vested in trustees), any relevant provision had effect, in accordance with that provision, as if contained in a conveyance or other document declaring the trusts on which land was held at the commencement of that Act. (2) In such a case the relevant provision continues to have effect as if so contained despite the repeal of section 35(6) of that Act. (3) A “relevant provision” means a provision of any of the following Acts providing for the appointment of trustees— (a) the Trustee Appointment Act 1850 (c. 28), (b) the Trustee Appointment Act 1869 (c. 26), (c) the Trustees Appointment Act 1890 (c. 19), or (d) the School Sites Act 1852 (c. 49) so far as applying any of the above Acts, as in force at the commencement of the Charities Act 1960. 22 The repeal by this Act of section 39(2) of the Charities Act 1960 (repeal of obsolete enactments) does not affect the continued operation of any trusts which, at the commencement of that Act, were wholly or partly comprised in an enactment specified in Schedule 5 to that Act (enactments repealed as obsolete). 23 The repeal by this Act of section 48(1) of, and Schedule 6 to, the Charities Act 1960 (consequential amendments etc.) does not affect the amendments made by Schedule 6 in— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) section 24(4) of the Landlord and Tenant Act 1927 (c. 36), ... (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Despite the repeal by this Act of section 48(4) of the Charities Act 1960— (a) any scheme, order, certificate or other document issued under or for the purposes of the Charitable Trusts Acts 1853 to 1939 and having effect in accordance with section 48(4) immediately before the commencement of that repeal continues to have the same effect (and to be enforceable or liable to be discharged in the same way) as would have been the case if that repeal had not come into force, and (b) any such document, and any document under the seal of the official trustees of charitable funds, may be proved as if the 1960 Act had not been passed. 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 The repeal by this Act of the Charities Act 1960 does not affect any transitional provision or saving contained in that Act which is capable of having continuing effect but whose effect is not preserved by any other provision of this Schedule. Schedule 9: savings on repeal of provisions of Charities Act 1992 28 The repeal by this Act of section 49 of, and Schedule 5 to, the 1992 Act (amendments relating to redundant churches etc.) does not affect the amendments made by that Schedule in the Redundant Churches and Other Religious Buildings Act 1969. Schedule 9: repeal of certain repeals made by Charities Acts 1960 and 1992 29 (1) It is hereby declared that (in accordance with sections 15 and 16 of the Interpretation Act 1978 (c. 30)) the repeal by this Act of any of the provisions mentioned in sub-paragraph (2) does not revive so much of any enactment or document as ceased to have effect by virtue of that provision. (2) The provisions are— (a) section 28(9) of the Charities Act 1960 (repeal of provisions regulating taking of charity proceedings), (b) section 36 of the 1992 Act (repeal of provisions requiring Charity Commissioners' consent to dealings with charity land), and (c) section 50 of that Act (repeal of provisions requiring amount of contributions towards maintenance etc. of almshouses to be sanctioned by Charity Commissioners).