Law

Charities Act 2006

United Kingdom · statute

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In force since 2023-02-07, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 71 provisions

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71 provisions

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44 Merger of charities

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45 Regulation of public charitable collections

(1) This Chapter regulates public charitable collections, which are of the following two types— (a) collections in a public place; and (b) door to door collections. (2) For the purposes of this Chapter— (a) “public charitable collection” means (subject to section 46) a charitable appeal which is made— (i) in any public place, or (ii) by means of visits to houses or business premises (or both); (b) “charitable appeal” means an appeal to members of the public which is— (i) an appeal to them to give money or other property, or (ii) an appeal falling within subsection (4), (or both) and which is made in association with a representation that the whole or any part of its proceeds is to be applied for charitable, benevolent or philanthropic purposes; (c) a “collection in a public place” is a public charitable collection that is made in a public place, as mentioned in paragraph (a)(i); (d) a “door to door collection” is a public charitable collection that is made by means of visits to houses or business premises (or both), as mentioned in paragraph (a)(ii). (3) For the purposes of subsection (2)(b)— (a) the reference to the giving of money is to doing so by whatever means; and (b) it does not matter whether the giving of money or other property is for consideration or otherwise. (4) An appeal falls within this subsection if it consists in or includes— (a) the making of an offer to sell goods or to supply services, or (b) the exposing of goods for sale, to members of the public. (5) In this section— “business premises” means any premises used for business or other commercial purposes; “house” includes any part of a building constituting a separate dwelling; “public place” means— any highway, and (subject to subsection (6)) any other place to which, at any time when the appeal is made, members of the public have or are permitted to have access and which either— is not within a building, or if within a building, is a public area within any station, airport or shopping precinct or any other similar public area. (6) In subsection (5), paragraph (b) of the definition of “public place” does not include— (a) any place to which members of the public are permitted to have access only if any payment or ticket required as a condition of access has been made or purchased; or (b) any place to which members of the public are permitted to have access only by virtue of permission given for the purposes of the appeal in question.

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46 Charitable appeals that are not public charitable collections

(1) A charitable appeal is not a public charitable collection if the appeal— (a) is made in the course of a public meeting; or (b) is made— (i) on land within a churchyard or burial ground contiguous or adjacent to a place of public worship, or (ii) on other land occupied for the purposes of a place of public worship and contiguous or adjacent to it, where the land is enclosed or substantially enclosed (whether by any wall or building or otherwise); or (c) is made on land to which members of the public have access only— (i) by virtue of the express or implied permission of the occupier of the land, or (ii) by virtue of any enactment, and the occupier is the promoter of the collection; or (d) is an appeal to members of the public to give money or other property by placing it in an unattended receptacle. (2) For the purposes of subsection (1)(c) “the occupier”, in relation to unoccupied land, means the person entitled to occupy it. (3) For the purposes of subsection (1)(d) a receptacle is unattended if it is not in the possession or custody of a person acting as a collector.

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47 Other definitions for purposes of this Chapter

(1) In this Chapter— “charitable, benevolent or philanthropic institution” means— a charity, or an institution (other than a charity) which is established for charitable, benevolent, or philanthropic purposes; “collector”, in relation to a public charitable collection, means any person by whom the appeal in question is made (whether made by him alone or with others and whether made by him for remuneration or otherwise); “local authority” means a unitary authority, the council of a district so far as it is not a unitary authority, the council of a London borough or of a Welsh county or county borough, the Common Council of the City of London or the Council of the Isles of Scilly; “prescribed” means prescribed by regulations under section 63; “proceeds”, in relation to a public charitable collection, means all money or other property given (whether for consideration or otherwise) in response to the charitable appeal in question; “promoter”, in relation to a public charitable collection, means— a person who (whether alone or with others and whether for remuneration or otherwise) organises or controls the conduct of the charitable appeal in question, or where there is no person acting as mentioned in paragraph (a), any person who acts as a collector in respect of the collection, and associated expressions are to be construed accordingly; “public collections certificate” means a certificate issued by the Commission under section 52. (2) In subsection (1) “unitary authority” means— (a) the council of a county so far as it is the council for an area for which there are no district councils; (b) the council of any district comprised in an area for which there is no county council. (3) The functions exercisable under this Chapter by a local authority are to be exercisable— (a) as respects the Inner Temple, by its Sub-Treasurer, and (b) as respects the Middle Temple, by its Under Treasurer; and references in this Chapter to a local authority or to the area of a local authority are to be construed accordingly.

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67 Statements indicating benefits for charitable institutions and fund-raisers

(1) Section 60 of the Charities Act 1992 (c. 41) (fund-raisers required to indicate institutions benefiting and arrangements for remuneration) is amended as follows. (2) In subsection (1) (statements by professional fund-raisers raising money for particular charitable institutions), for paragraph (c) substitute— (c) the method by which the fund-raiser's remuneration in connection with the appeal is to be determined and the notifiable amount of that remuneration. (3) In subsection (2) (statements by professional fund-raisers raising money for charitable purposes etc.), for paragraph (c) substitute— (c) the method by which his remuneration in connection with the appeal is to be determined and the notifiable amount of that remuneration. (4) In subsection (3) (statements by commercial participators raising money for particular charitable institutions), for paragraph (c) substitute— (c) the notifiable amount of whichever of the following sums is applicable in the circumstances— (i) the sum representing so much of the consideration given for goods or services sold or supplied by him as is to be given to or applied for the benefit of the institution or institutions concerned, (ii) the sum representing so much of any other proceeds of a promotional venture undertaken by him as is to be so given or applied, or (iii) the sum of the donations by him in connection with the sale or supply of any such goods or services which are to be so given or supplied. (5) After subsection (3) insert— (3A) In subsections (1) to (3) a reference to the “notifiable amount” of any remuneration or other sum is a reference— (a) to the actual amount of the remuneration or sum, if that is known at the time when the statement is made; and (b) otherwise to the estimated amount of the remuneration or sum, calculated as accurately as is reasonably possible in the circumstances.

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68 Statements indicating benefits for charitable institutions and collectors

After section 60 of the 1992 Act insert— Other persons making appeals required to indicate institutions benefiting and arrangements for remuneration 60A (1) Subsections (1) and (2) of section 60 apply to a person acting for reward as a collector in respect of a public charitable collection as they apply to a professional fund-raiser. (2) But those subsections do not so apply to a person excluded by virtue of— (a) subsection (3) below, or (b) section 60B(1) (exclusion of lower-paid collectors). (3) Those subsections do not so apply to a person if— (a) section 60(1) or (2) applies apart from subsection (1) (by virtue of the exception in section 58(2)(c) for persons treated as promoters), or (b) subsection (4) or (5) applies, in relation to his acting for reward as a collector in respect of the collection mentioned in subsection (1) above. (4) Where a person within subsection (6) solicits money or other property for the benefit of one or more particular charitable institutions, the solicitation shall be accompanied by a statement clearly indicating— (a) the name or names of the institution or institutions for whose benefit the solicitation is being made; (b) if there is more than one such institution, the proportions in which the institutions are respectively to benefit; (c) the fact that he is an officer, employee or trustee of the institution or company mentioned in subsection (6); and (d) the fact that he is receiving remuneration as an officer, employee or trustee or (as the case may be) for acting as a collector. (5) Where a person within subsection (6) solicits money or other property for charitable, benevolent or philanthropic purposes of any description (rather than for the benefit of one or more particular charitable institutions), the solicitation shall be accompanied by a statement clearly indicating— (a) the fact that he is soliciting money or other property for those purposes and not for the benefit of any particular charitable institution or institutions; (b) the method by which it is to be determined how the proceeds of the appeal are to be distributed between different charitable institutions; (c) the fact that he is an officer, employee or trustee of the institution or company mentioned in subsection (6); and (d) the fact that he is receiving remuneration as an officer, employee or trustee or (as the case may be) for acting as a collector. (6) A person is within this subsection if— (a) he is an officer or employee of a charitable institution or a company connected with any such institution, or a trustee of any such institution, (b) he is acting as a collector in that capacity, and (c) he receives remuneration either in his capacity as officer, employee or trustee or for acting as a collector. (7) But a person is not within subsection (6) if he is excluded by virtue of section 60B(4). (8) Where any requirement of— (a) subsection (1) or (2) of section 60, as it applies by virtue of subsection (1) above, or (b) subsection (4) or (5) above, is not complied with in relation to any solicitation, the collector concerned shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. (9) Section 60(8) and (9) apply in relation to an offence under subsection (8) above as they apply in relation to an offence under section 60(7). (10) In this section— “the appeal”, in relation to any solicitation by a collector, means the campaign or other fund-raising venture in the course of which the solicitation is made; “collector” has the meaning given by section 47(1) of the Charities Act 2006; “public charitable collection” has the meaning given by section 45 of that Act. Exclusion of lower-paid collectors from provisions of section 60A 60B (1) Section 60(1) and (2) do not apply (by virtue of section 60A(1)) to a person who is under the earnings limit in subsection (2) below. (2) A person is under the earnings limit in this subsection if he does not receive— (a) more than— (i) £5 per day, or (ii) £500 per year, by way of remuneration for acting as a collector in relation to relevant collections, or (b) more than £500 by way of remuneration for acting as a collector in relation to the collection mentioned in section 60A(1). (3) In subsection (2) “relevant collections” means public charitable collections conducted for the benefit of— (a) the charitable institution or institutions, or (b) the charitable, benevolent or philanthropic purposes, for whose benefit the collection mentioned in section 60A(1) is conducted. (4) A person is not within section 60A(6) if he is under the earnings limit in subsection (5) below. (5) A person is under the earnings limit in this subsection if the remuneration received by him as mentioned in section 60A(6)(c)— (a) is not more than— (i) £5 per day, or (ii) £500 per year, or (b) if a lump sum, is not more than £500. (6) The Minister may by order amend subsections (2) and (5) by substituting a different sum for any sum for the time being specified there.

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69 Reserve power to control fund-raising by charitable institutions

After section 64 of the 1992 Act insert— Reserve power to control fund-raising by charitable institutions 64A (1) The Minister may make such regulations as appear to him to be necessary or desirable for or in connection with regulating charity fund-raising. (2) In this section “charity fund-raising” means activities which are carried on by— (a) charitable institutions, (b) persons managing charitable institutions, or (c) persons or companies connected with such institutions, and involve soliciting or otherwise procuring funds for the benefit of such institutions or companies connected with them, or for general charitable, benevolent or philanthropic purposes. But “activities” does not include primary purpose trading. (3) Regulations under this section may, in particular, impose a good practice requirement on the persons managing charitable institutions in circumstances where— (a) those institutions, (b) the persons managing them, or (c) persons or companies connected with such institutions, are engaged in charity fund-raising. (4) A “good practice requirement” is a requirement to take all reasonable steps to ensure that the fund-raising is carried out in such a way that— (a) it does not unreasonably intrude on the privacy of those from whom funds are being solicited or procured; (b) it does not involve the making of unreasonably persistent approaches to persons to donate funds; (c) it does not result in undue pressure being placed on persons to donate funds; (d) it does not involve the making of any false or misleading representation about any of the matters mentioned in subsection (5). (5) The matters are— (a) the extent or urgency of any need for funds on the part of any charitable institution or company connected with such an institution; (b) any use to which funds donated in response to the fund-raising are to be put by such an institution or company; (c) the activities, achievements or finances of such an institution or company. (6) Regulations under this section may provide that a person who persistently fails, without reasonable excuse, to comply with any specified requirement of the regulations is to be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale. (7) For the purposes of this section— (a) “funds” means money or other property; (b) “general charitable, benevolent or philanthropic purposes” means charitable, benevolent or philanthropic purposes other than those associated with one or more particular institutions; (c) the persons “managing” a charitable institution are the charity trustees or other persons having the general control and management of the administration of the institution; and (d) a person is “connected” with a charitable institution if he is an employee or agent of— (i) the institution, (ii) the persons managing it, or (iii) a company connected with it, or he is a volunteer acting on behalf of the institution or such a company. (8) In this section “primary purpose trading”, in relation to a charitable institution, means any trade carried on by the institution or a company connected with it where— (a) the trade is carried on in the course of the actual carrying out of a primary purpose of the institution; or (b) the work in connection with the trade is mainly carried out by beneficiaries of the institution.

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70 Power of relevant Minister to give financial assistance to charitable, benevolent or philanthropic institutions

(1) A relevant Minister may give financial assistance to any charitable, benevolent or philanthropic institution in respect of any of the institution's activities which directly or indirectly benefit the whole or any part of England (whether or not they also benefit any other area). (2) Financial assistance under subsection (1) may be given in any form and, in particular, may be given by way of— (a) grants, (b) loans, (c) guarantees, or (d) incurring expenditure for the benefit of the person assisted. (3) Financial assistance under subsection (1) may be given on such terms and conditions as the relevant Minister considers appropriate. (4) Those terms and conditions may, in particular, include provision as to— (a) the purposes for which the assistance may be used; (b) circumstances in which the assistance is to be repaid, or otherwise made good, to the relevant Minister, and the manner in which that is to be done; (c) the making of reports to the relevant Minister regarding the uses to which the assistance has been put; (d) the keeping, and making available for inspection, of accounts and other records; (e) the carrying out of examinations by the Comptroller and Auditor General into the economy, efficiency and effectiveness with which the assistance has been used; (f) the giving by the institution of financial assistance in any form to other persons on such terms and conditions as the institution or the relevant Minister considers appropriate. (5) A person receiving assistance under this section must comply with the terms and conditions on which it is given, and compliance may be enforced by the relevant Minister. (6) A relevant Minister may make arrangements for— (a) assistance under subsection (1) to be given, or (b) any other of his functions under this section to be exercised, by some other person. (7) Arrangements under subsection (6) may make provision for the functions concerned to be so exercised— (a) either wholly or to such extent as may be specified in the arrangements, and (b) either generally or in such cases or circumstances as may be so specified, but do not prevent the functions concerned from being exercised by a relevant Minister. (8) As soon as possible after 31st March in each year, a relevant Minister must make a report on any exercise by him of any powers under this section during the period of 12 months ending on that day. (9) The relevant Minister must lay a copy of the report before each House of Parliament. (10) In this section “charitable, benevolent or philanthropic institution” means— (a) a charity, or (b) an institution (other than a charity) which is established for charitable, benevolent or philanthropic purposes. (11) In this section “relevant Minister” means the Secretary of State or the Minister for the Cabinet Office.

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71 Power of National Assembly for Wales to give financial assistance to charitable, benevolent or philanthropic institutions

(1) The National Assembly for Wales may give financial assistance to any charitable, benevolent or philanthropic institution in respect of any of the institution's activities which directly or indirectly benefit the whole or any part of Wales (whether or not they also benefit any other area). (2) Financial assistance under subsection (1) may be given in any form and, in particular, may be given by way of— (a) grants, (b) loans, (c) guarantees, or (d) incurring expenditure for the benefit of the person assisted. (3) Financial assistance under subsection (1) may be given on such terms and conditions as the Assembly considers appropriate. (4) Those terms and conditions may, in particular, include provision as to— (a) the purposes for which the assistance may be used; (b) circumstances in which the assistance is to be repaid, or otherwise made good, to the Assembly, and the manner in which that is to be done; (c) the making of reports to the Assembly regarding the uses to which the assistance has been put; (d) the keeping, and making available for inspection, of accounts and other records; (e) the carrying out of examinations by the Auditor General for Wales into the economy, efficiency and effectiveness with which the assistance has been used; (f) the giving by the institution of financial assistance in any form to other persons on such terms and conditions as the institution or the Assembly considers appropriate. (5) A person receiving assistance under this section must comply with the terms and conditions on which it is given, and compliance may be enforced by the Assembly. (6) The Assembly may make arrangements for— (a) assistance under subsection (1) to be given, or (b) any other of its functions under this section to be exercised, by some other person. (7) Arrangements under subsection (6) may make provision for the functions concerned to be so exercised— (a) either wholly or to such extent as may be specified in the arrangements, and (b) either generally or in such cases or circumstances as may be so specified, but do not prevent the functions concerned from being exercised by the Assembly. (8) After 31st March in each year, the Assembly must publish a report on the exercise of powers under this section during the period of 12 months ending on that day. (9) In this section “charitable, benevolent or philanthropic institution” means— (a) a charity, or (b) an institution (other than a charity) which is established for charitable, benevolent or philanthropic purposes.

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72 Disclosure of information to and by Northern Ireland regulator

(1) This section applies if a body (referred to in this section as “the Northern Ireland regulator”) is established to exercise functions in Northern Ireland which are similar in nature to the functions exercised in England and Wales by the Charity Commission. (2) The Secretary of State may by regulations authorise relevant public authorities to disclose information to the Northern Ireland regulator for the purpose of enabling or assisting the Northern Ireland regulator to discharge any of its functions. (3) If the regulations authorise the disclosure of Revenue and Customs information, they must contain provision in relation to that disclosure which corresponds to the provision made in relation to the disclosure of such information by section 55 of the Charities Act 2011 .... (4) In the case of information disclosed to the Northern Ireland regulator pursuant to regulations made under this section, any power of the Northern Ireland regulator to disclose the information is exercisable subject to any express restriction subject to which the information was disclosed to the Northern Ireland regulator. (5) Subsection (4) does not apply in relation to Revenue and Customs information disclosed to the Northern Ireland regulator pursuant to regulations made under this section; but any such information may not be further disclosed except with the consent of the Commissioners for Her Majesty's Revenue and Customs. (6) Any person specified, or of a description specified, in regulations made under this section who discloses information in contravention of subsection (5) is guilty of an offence and liable— (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both. (7) It is a defence for a person charged with an offence under subsection (5) of disclosing information to prove that he reasonably believed— (a) that the disclosure was lawful, or (b) that the information had already and lawfully been made available to the public. (8) In the application of this section to Scotland or Northern Ireland, the reference to 12 months in subsection (6) is to be read as a reference to 6 months. (9) In this section— “relevant public authority” means— any government department (other than a Northern Ireland department), any local authority in England, Wales or Scotland, any person who is a constable in England and Wales or Scotland, any other body or person discharging functions of a public nature (including a body or person discharging regulatory functions in relation to any description of activities), except a body or person whose functions are exercisable only or mainly in or as regards Northern Ireland and relate only or mainly to transferred matters; “Revenue and Customs information” means information held as mentioned in section 18(1) of the Commissioners for Revenue and Customs Act 2005 (c. 11); “transferred matter” has the same meaning as in the Northern Ireland Act 1998 (c. 47).

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73 Report on operation of this Act

(1) The Secretary of State must, before the end of the period of five years beginning with the day on which this Act is passed, appoint a person to review generally the operation of this Act. (2) The review must address, in particular, the following matters— (a) the effect of the Act on— (i) excepted charities, (ii) public confidence in charities, (iii) the level of charitable donations, and (iv) the willingness of individuals to volunteer, (b) the status of the Charity Commission as a government department, and (c) any other matters the Minister considers appropriate. (3) After the person appointed under subsection (1) has completed his review, he must compile a report of his conclusions. (4) The Secretary of State must lay before Parliament a copy of the report mentioned in subsection (3). (5) For the purposes of this section a charity is an excepted charity if — (a) it falls within paragraph (b) or (c) of section 3A(2) of the 1993 Act (as amended by section 9 of this Act), or (b) it does not fall within either of those paragraphs but, immediately before 31 January 2009, it fell within section 3(5)(b) or (5B)(b) of the 1993 Act. (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.

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74 Orders and regulations

(1) Any power of a relevant Minister to make an order or regulations under this Act is exercisable by statutory instrument. (2) Any such power— (a) may be exercised so as to make different provision for different cases or descriptions of case or different purposes or areas, and (b) includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the relevant Minister considers appropriate. (3) Subject to subsection (4), orders or regulations made by a relevant Minister under this Act are to be subject to annulment in pursuance of a resolution of either House of Parliament. (4) Subsection (3) does not apply to— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) any regulations under section 72, (d) any order under section 75(4) which amends or repeals any provision of an Act or an Act of the Scottish Parliament, (e) any order under section ... 77, or (f) any order under section 79(2). (5) No order or regulations within subsection (4) ... (c), (d) or (e) may be made by a relevant Minister (whether alone or with other provisions) unless a draft of the order or regulations has been laid before, and approved by resolution of, each House of Parliament. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) In this section “relevant Minister” means the Secretary of State or the Minister for the Cabinet Office.

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75 Amendments, repeals, revocations and transitional provisions

(1) Schedule 8 contains minor and consequential amendments. (2) Schedule 9 makes provision for the repeal and revocation of enactments (including enactments which are spent). (3) Schedule 10 contains transitional provisions and savings. (4) A relevant Minister may by order make— (a) such supplementary, incidental or consequential provision, or (b) such transitory, transitional or saving provision, as he considers appropriate for the general purposes, or any particular purposes, of this Act or in consequence of, or for giving full effect to, any provision made by this Act. (5) An order under subsection (4) may amend, repeal, revoke or otherwise modify any enactment (including an enactment restating, with or without modifications, an enactment amended by this Act). (6) In this section “relevant Minister” means the Secretary of State or the Minister for the Cabinet Office.

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76 Pre-consolidation amendments

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77 Amendments reflecting changes in company law audit provisions

(1) The Secretary of State may by order make such amendments of the 1993 Act or this Act as he considers appropriate— (a) in consequence of, or in connection with, any changes made or to be made by any enactment to the provisions of company law relating to the accounts of charitable companies or to the auditing of, or preparation of reports in respect of, such accounts; (b) for the purposes of, or in connection with, applying provisions of Schedule 5A to the 1993 Act (group accounts) to charitable companies that are not required to produce group accounts under company law. (2) In this section— “accounts” includes group accounts; “amendments” includes repeals and modifications; “charitable companies” means companies which are charities; “company law” means the enactments relating to companies.

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78 Interpretation

(1) In this Act— “the 1992 Act” means the Charities Act 1992 (c. 41); “the 1993 Act” means the Charities Act 1993 (c. 10). (2) In this Act— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) “charitable purposes” has (in accordance with section 2(2) of the Charities Act 2011) the meaning given by section 2(1) of that Act; and (c) “charity trustees” has the same meaning as in that Act; ... (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) In this Act “enactment” includes— (a) any provision of subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)), (b) a provision of a Measure of the Church Assembly or of the General Synod of the Church of England, and (c) (in the context of section ... 75(5)) any provision made by or under an Act of the Scottish Parliament or Northern Ireland legislation, and references to enactments include enactments passed or made after the passing of this Act. (5) In this Act “institution” means an institution whether incorporated or not, and includes a trust or undertaking. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) Subsections (2) to (5) apply except where the context otherwise requires.

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79 Commencement

(1) The following provisions come into force on the day on which this Act is passed— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) section 74, (c) section 75(4) and (5), (d) section 78, (e) section 77, (f) this section and section 80, and (g) the following provisions of Schedule 8— paragraph 90(2), ... and section 75(1) so far as relating to those provisions. (2) Otherwise, this Act comes into force on such day as the Secretary of Statemay by order appoint. (3) An order under subsection (2)— (a) may appoint different days for different purposes or different areas; (b) make such provision as the Secretary of State considers necessary or expedient for transitory, transitional or saving purposes in connection with the coming into force of any provision of this Act.

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80 Short title and extent

(1) This Act may be cited as the Charities Act 2006. (2) Subject to subsections (3) to (7), this Act extends to England and Wales only. (3) The following provisions extend also to Scotland— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) sections 72 and 74, (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and (e) section 75(4) and (5), sections 77 to 79 and this section. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) The following provisions extend also to Northern Ireland— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) sections 72 and 74, (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and (f) section 75(4) and (5), sections 77 to 79 and this section. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) Any amendment, repeal or revocation made by this Act has the same extent as the enactment to which it relates. (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) Subsection (7) ... does not apply to— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) the amendments made by Schedule 8 in the Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31), or (c) the repeal made in that Act by Schedule 9, which extend to England and Wales only.

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SCHEDULE 1 The Charity Commission

Section 6

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SCHEDULE 2 Establishment of the Charity Commission: supplementary

Section 6

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SCHEDULE 3 The Charity Tribunal

Section 8

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SCHEDULE 4 Appeals and applications to Charity Tribunal

Section 8 ...

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SCHEDULE 5 Exempt charities: increased regulation under 1993 Act

Section 12 ...

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SCHEDULE 6 Group accounts

Section 30 ...

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SCHEDULE 8 Minor and consequential amendments

Section 75 Literary and Scientific Institutions Act 1854 (c. 112) 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Places of Worship Registration Act 1855 (c. 81) 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bishops Trusts Substitution Act 1858 (c. 71) 3 The Bishops Trusts Substitution Act 1858 has effect subject to the following amendments. 4 In section 1 (substitution of one bishop for another as trustee)— (a) for “Charity Commissioners” substitute “ Charity Commission ”, and (b) for “them” substitute “ it ”. 5 In section 3 (how costs are to be defrayed) for “said Charity Commissioners” (in both places) substitute “ Charity Commission ”. Places of Worship Sites Amendment Act 1882 (c. 21) 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Municipal Corporations Act 1882 (c. 50) 7 In section 133(2) of the Municipal Corporations Act 1882 (administration of charitable trusts and vesting of legal estate) for “Charity Commissioners” substitute “ Charity Commission ”. Technical and Industrial Institutions Act 1892 (c. 29) 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local Government Act 1894 (c. 73) 9 (1) In section 75(2) of the Local Government Act 1894 (construction of that Act) the definition of “ecclesiastical charity” is amended as follows. (2) In the second paragraph (proviso)— (a) for “Charity Commissioners” substitute “ Charity Commission ”, and (b) for “them” substitute “ it ”. (3) In the third paragraph (inclusion of other buildings) for “Charity Commissioners” substitute “ Charity Commission ”. Commons Act 1899 (c. 30) 10 In section 18 of the Commons Act 1899 (power to modify provisions as to recreation grounds)— (a) for “Charity Commissioners” substitute “ Charity Commission ”, and (b) for “their” substitute “ its ”. Open Spaces Act 1906 (c. 25) 11 The Open Spaces Act 1906 has effect subject to the following amendments. 12 In section 3(1) (transfer to local authority of spaces held by trustees for purposes of public recreation) for “Charity Commissioners” substitute “ Charity Commission ”. 13 (1) Section 4 (transfer by charity trustees of open space to local authority) is amended as follows. (2) In subsection (1), for the words from “and with the sanction” to “as hereinafter provided” substitute “ and in accordance with subsection (1A) ”. (3) After subsection (1) insert— (1A) The trustees act in accordance with this subsection if they convey or demise the open space as mentioned in subsection (1)— (a) with the sanction of an order of the Charity Commission or with that of an order of the court to be obtained as provided in the following provisions of this section, or (b) in accordance with such provisions of section 36(2) to (8) of the Charities Act 1993 as are applicable. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 In section 21(1) (application to Ireland)— (a) for “Charity Commissioners” substitute “ Charity Commission ”, and (b) for “Commissioners of Charity Donations and Bequests for Ireland” substitute “ the Department for Social Development ”. National Trust Charity Scheme Confirmation Act 1919 (c. lxxxiv) 16 The National Trust Charity Scheme Confirmation Act 1919 has effect subject to the following amendments. 17 In section 1 (confirmation of the scheme) for “Charity Commissioners” substitute “ Charity Commission ”. 18 In paragraph 3 of the scheme set out in the Schedule, for “Charity Commissioners upon such application made to them for the purpose as they think” substitute “ Charity Commission upon such application made to it for the purpose as it thinks ”. Settled Land Act 1925 (c. 18) 19 In section 29(3) of the Settled Land Act 1925 (charitable and public trusts: saving) for “Charity Commissioners” substitute “ Charity Commission ”. Landlord and Tenant Act 1927 (c. 36) 20 In Part 2 of the Second Schedule to the Landlord and Tenant Act 1927 (application to ecclesiastical and charity land), in paragraph 2, for “Charity Commissioners” substitute “ Charity Commission ”. Voluntary Hospitals (Paying Patients) Act 1936 (c. 17) 21 The Voluntary Hospitals (Paying Patients) Act 1936 has effect subject to the following amendments. 22 In section 1 (definitions), in the definition of “Order”, for “Charity Commissioners” substitute “ Charity Commission ”. 23 (1) Section 2 (accommodation for and charges to paying patients) is amended as follows. (2) In subsections (1), (3) and (4) for “Charity Commissioners” substitute “ Charity Commission ”. (3) In subsection (4)— (a) for “the Commissioners” (in both places) substitute “ the Commission ”, (b) for “they” substitute “ it ”, and (c) for “their” substitute “ its ”. 24 In section 3(1) (provision for patients able to make some, but not full, payment)— (a) for “Charity Commissioners are” substitute “ Charity Commission is ”, and (b) for “they” substitute “ it ”. 25 In section 4 (provisions for protection of existing trusts)— (a) for “Charity Commissioners” substitute “ Charity Commission ”, and (b) in paragraphs (a), (b) and (c) for “they are” substitute “ it is ”. 26 (1) Section 5 (power to make rules) is amended as follows. (2) In subsection (1)— (a) for “Charity Commissioners” substitute “ Charity Commission ”, and (b) for “they” substitute “ it ”. (3) In subsection (3)— (a) for “Charity Commissioners” (in both places) substitute “ Charity Commission ”, (b) for “they” and “them” (in each place) substitute “ it ”, and (c) for “an officer” substitute “ a member of staff ”. (4) In the sidenote, for “Charity Commissioners” substitute “ Charity Commission ”. 27 In section 6(2) (savings)— (a) for “Charity Commissioners” substitute “ Charity Commission ”, and (b) for “them” substitute “ it ”. Green Belt (London and Home Counties) Act 1938 (c. xciii) 28 In section 20 of the Green Belt (London and Home Counties) Act 1938 (lands held on charitable trusts) for “Charity Commissioners” substitute “ Charity Commission ”. ... 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Crown Proceedings Act 1947 (c. 44) 32 In section 23(3) of the Crown Proceedings Act 1947 (proceedings with respect to which Part 2 of the Act does not apply) for “Charity Commissioners” substitute “ Charity Commission ”. London County Council (General Powers) Act 1947 (c. xlvi) 33 (1) Section 6 of the London County Council (General Powers) Act 1947 (saving for certain trusts) is amended as follows. (2) In subsection (2)— (a) for “Charity Commissioners” substitute “ Charity Commission ”, and (b) at the end add “ ; but this is subject to subsection (3) ”. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . London County Council (General Powers) Act 1951 (c. xli) 34 In section 33(6) of the London County Council (General Powers) Act 1951 (improvement of roadside amenities: saving for certain land) for “Charity Commissioners” substitute “ Charity Commission ”. City of London (Various Powers) Act 1952 (c. vi) 35 In section 4(6) of the City of London (Various Powers) Act 1952 (improvement of amenities) for “Charity Commissioners” substitute “ Charity Commission ”. City of London (Guild Churches) Act 1952 (c. xxxviii) 36 In section 35 of the City of London (Guild Churches) Act 1952 (saving of rights of certain persons) for “Charity Commissioners” substitute “ Charity Commission ”. London County Council (General Powers) Act 1955 (c. xxix) 37 (1) Section 34 of the London County Council (General Powers) Act 1955 (powers as to erection of buildings: saving for certain land and buildings) is amended as follows. (2) In subsection (2)— (a) for “Charity Commissioners” substitute “ Charity Commission ”, and (b) at the end add “ ; but this is subject to subsection (3) ”. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parochial Church Councils (Powers) Measure 1956 (No. 3) 38 In section 6(5) of the Parochial Church Councils (Powers) Measure 1956 (consents required for transactions relating to certain property) for “Charity Commissioners” substitute “ Charity Commission ”. Recreational Charities Act 1958 (c. 17) 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Incumbents and Churchwardens (Trusts) Measure 1964 (No. 2) 41 The Incumbents and Churchwardens (Trusts) Measure 1964 has effect subject to the following amendments. 42 In section 2(3) (property to which Measure applies) for “Charity Commissioners” substitute “ Charity Commission ”. 43 In section 3(6) (vesting of property in diocesan authority: saving) for “Charity Commissioners” substitute “ Charity Commission ”. 44 In section 5 (provisions as to property vested in the diocesan authority) for “Charity Commissioners” substitute “ Charity Commission ”. 45 (1) The Schedule (procedure where diocesan authority is of the opinion that Measure applies to an interest) is amended as follows. (2) In paragraph 2 for “Charity Commissioners” substitute “ Charity Commission ”. (3) In paragraph 3— (a) for “Charity Commissioners” substitute “ Charity Commission ”, (b) for “they think” (in both places) substitute “ it thinks ”, and (c) for “the Commissioners” substitute “ the Commission ”. (4) In paragraph 5— (a) for “Charity Commissioners have” substitute “ Charity Commission has ”, and (b) for “they” substitute “ it ”. ... 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Clergy Pensions (Amendment) Measure 1967 (No. 1) 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c. xxix) 49 In article 11(3) of the order set out in the Schedule to the Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (exercise of powers under articles 7 to 10 of the order) for “Charity Commissioners” substitute “ Charity Commission ”. Redundant Churches and other Religious Buildings Act 1969 (c. 22) 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Children and Young Persons Act 1969 (c. 54) 53 In Schedule 3 to the Children and Young Persons Act 1969 (approved schools and other institutions), in paragraph 6(3), for “Charity Commissioners” substitute “ Charity Commission ”. Synodical Government Measure 1969 (No. 2) 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local Government Act 1972 (c. 70) 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consumer Credit Act 1974 (c. 39) 56 In section 16 of the Consumer Credit Act 1974 (exempt agreements), in the table in subsection (3A) and in subsections (8) and (9), for “Charity Commissioners” substitute “ Charity Commission ”. Sex Discrimination Act 1975 (c. 65) 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation Act 1978 (c. 30) 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dioceses Measure 1978 (No. 1) 62 The Dioceses Measure 1978 has effect subject to the following amendments. 63 In section 5(1) (preparation of draft scheme: meaning of “interested parties”), in paragraph (e), for “the Charity Commissioners” substitute “ the Charity Commission ”. 64 In section 19(4) (schemes with respect to discharge of functions of diocesan bodies corporate, etc.) for “Charity Commissioners” substitute “ Charity Commission ”. Disused Burial Grounds (Amendment) Act 1981 (c. 18) 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administration of Justice Act 1982 (c. 53) 67 In section 41(1) of the Administration of Justice Act 1982 (transfer of funds in court to official custodian for charities and Church Commissioners) for “Charity Commissioners” substitute “ Charity Commission ”. Pastoral Measure 1983 (No. 1) 68 The Pastoral Measure 1983 has effect subject to the following amendments. 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 In section 63(4) (trusts for the repair etc. of redundant buildings and contents) for “the Charity Commissioners given under the hand of an Assistant Commissioner” substitute “ the Charity Commission ”. 71 In section 76(1) (grant of land for new churches etc. and vesting of certain churches) for “Charity Commissioners” substitute “ Charity Commission ”. 72 In Schedule 3, in paragraph 11(1), (2), (6) and (7), for “Charity Commissioners” substitute “ Charity Commission ”. Companies Act 1985 (c. 6) 74 The Companies Act 1985 has effect subject to the following amendments. 76 In Schedule 15D (permitted disclosures of information), in paragraph 21, for “Charity Commissioners to exercise their” substitute “ Charity Commission to exercise its ”. Housing Act 1985 (c. 68) 77 (1) Section 6A of the Housing Act 1985 (definition of “Relevant Authority”) is amended as follows. (2) In subsection (2) for “Charity Commissioners” substitute “Charity Commission”. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Housing Associations Act 1985 (c. 69) 78 In section 10(1) of the Housing Associations Act 1985 (dispositions excepted from section 9 of that Act) for “Charity Commissioners” (in both places) substitute “ Charity Commission ”. Agricultural Holdings Act 1986 (c. 5) 79 In section 86(4) of the Agricultural Holdings Act 1986 (power of landlord to obtain charge on holding) for “Charity Commissioners” substitute “ Charity Commission ”. Coal Industry Act 1987 (c. 3) 80 (1) Section 5 of the Coal Industry Act 1987 (coal industry trusts) is amended as follows. (2) In subsection (1)— (a) for “Charity Commissioners” (in the first place) substitute “Charity Commission (“the Commission”)”, (b) for “to them” substitute “to the Commission”, (c) for “Charity Commissioners” (in the second place) substitute “Commission”, and (d) for “they consider” substitute “the Commission considers”. (3) In subsection (2) for “Charity Commissioners consider” (in both places) substitute “Commission considers”. (4) In subsections (4) and (6) for “Charity Commissioners” substitute “Commission”. (5) In subsection (7)— (a) for “Charity Commissioners” substitute “Commission”, (b) for “their powers” substitute “its powers”, (c) for “they consider” substitute “it considers”, ... (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) In subsection (9) for “Charity Commissioners” substitute “Commission”. (10) In subsection (10)(b) for “Charity Commissioners” substitute “Commission”. Reverter of Sites Act 1987 (c. 15) 81 The Reverter of Sites Act 1987 has effect subject to the following amendments. 82 (1) Section 2 (Charity Commissioners' schemes) is amended as follows. (2) In subsection (1) for “Charity Commissioners” substitute “ Charity Commission ”. (3) For subsection (3) substitute— (3) The charitable purposes specified in an order made under this section on an application with respect to any trust shall be such as the Charity Commission consider appropriate, having regard to the matters set out in subsection (3A). (3A) The matters are— (a) the desirability of securing that the property is held for charitable purposes (“the new purposes”) which are close to the purposes, whether charitable or not, for which the trustees held the relevant land before the cesser of use in consequence of which the trust arose (“the former purposes); and (b) the need for the new purposes to be capable of having a significant social or economic effect. (3B) In determining the character of the former purposes, the Commission may, if they think it appropriate to do so, give greater weight to the persons or locality benefited by those purposes than to the nature of the benefit. (4) In subsection (5)— (a) for “Charity Commissioners” substitute “ Charity Commission ”, (b) in paragraph (c), for “Commissioners'” and “them” substitute “ Commission's ” and “ it ”, and (c) in paragraph (d), for “Commissioners have” substitute “ Commission has ”. (5) In subsection (7) for “Charity Commissioners” substitute “ Charity Commission ”. (6) In subsection (8)— (a) for “Commissioners'” substitute “ Commission's ”, (b) for “they think” substitute “ it thinks ”, and (c) for “Commissioners decide” substitute “ Commission decides ”. (7) In the sidenote, for “Charity Commissioners'” substitute “ Charity Commission's ”. 83 (1) Section 4 (provisions supplemental to sections 2 and 3) is amended as follows. (2) In subsection (1)— (a) for “Charity Commissioners think” substitute “Charity Commission thinks”; (b) for “Commissioners'” substitute “Commission's”; and (c) for “the Commissioners think” substitute “the Commission thinks”. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 In section 5(3) (orders under section 554 of the Education Act 1996)— (a) for “Charity Commissioners” (in both places) substitute “ Charity Commission ”; (b) for “the Commissioners” substitute “ the Commission ”; and (c) for “them” substitute “ it ”. Education Reform Act 1988 (c. 40) 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Courts and Legal Services Act 1990 (c. 41) 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . London Local Authorities Act 1991 (c. xiii) 87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Further and Higher Education Act 1992 (c. 13) 88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Charities Act 1992 (c. 41) 89 The 1992 Act has effect subject to the following amendments. 90 (1) Section 58 (interpretation of Part 2) is amended as follows. (2) In subsection (1) after the definition of “institution” insert— “the Minister” means the Minister for the Cabinet Office; . (3) In subsection (2)— (a) in paragraph (c) for “to be treated as a promoter of such a collection by virtue of section 65(3)” substitute “a promoter of such a collection as defined in section 47(1) of the Charities Act 2006”, and (b) for “Part III of this Act” substitute “Chapter 1 of Part 3 of the Charities Act 2006”. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Omit Part 3 (public charitable collections). 92 In section 76(1) (service of documents) omit paragraph “ (c) ” and the “ and ” preceding it. 93 (1) Section 77 (regulations and orders) is amended as follows. (2) In subsection (1)(b) for “subsection (2)” substitute “ subsections (2) and (2A) ”. (3) After subsection (2) insert— (2A) Subsection (1)(b) does not apply to regulations under section 64A, and no such regulations may be made unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament. (4) In subsection (4)— (a) after “64” insert “ or 64A ”; and (b) omit “ or 73 ”. Charities Act 1993 (c. 10) 96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 . . . . . . . . . . . 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deregulation and Contracting Out Act 1994 (c. 40) 179 (1) Section 79 of the Deregulation and Contracting Out Act 1994 (interpretation of Part 2) is amended as follows. (2) For subsection (3)(a) substitute— (a) any reference to a Minister included a reference to the Forestry Commissioners or to the Charity Commission; (b) any reference to an officer in relation to the Charity Commission were a reference to a member or member of staff of the Commission; and. (3) In subsection (4) after “those Commissioners” insert “ or that Commission ”. Pensions Act 1995 (c. 26) 180 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reserve Forces Act 1996 (c. 14) 181 (1) Schedule 5 to the Reserve Forces Act 1996 (charitable property on disbanding of units) is amended as follows. (2) In paragraph 1(2) for “the Charity Commissioners” substitute “ the Charity Commission ”. (3) In paragraph 4(1)— (a) for “Charity Commissioners consider” substitute “ Charity Commission considers ”, and (b) for “they” substitute “ it ”. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Trusts of Land and Appointment of Trustees Act 1996 (c. 47) 182 In section 6(7) of the Trusts of Land and Appointment of Trustees Act 1996 (limitation on general powers of trustees) for “Charity Commissioners” substitute “ Charity Commission ”. Housing Act 1996 (c. 52) 183 The Housing Act 1996 has effect subject to the following amendments. 184 In section 3(3) (registration as social landlord) for “Charity Commissioners” substitute “ Charity Commission ”. 185 In section 4(6) (removal from the register of social landlords) for “Charity Commissioners” substitute “ Charity Commission ”. 186 In section 6(3) (notice of appeal against decision on removal) for “Charity Commissioners” substitute “ Charity Commission ”. 187 In section 44(3) (consultation on proposals as to ownership and management of landlord's land) for “Charity Commissioners” substitute “ Charity Commission ”. 188 In section 45(4) (service of copy of agreed proposals) for “Charity Commissioners” substitute “ Charity Commission ”. 189 In section 46(2) (notice of appointment of manager to implement agreed proposals) for “Charity Commissioners” substitute “ Charity Commission ”. 190 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 (1) Schedule 1 (regulation of registered social landlords) is amended as follows. (2) In paragraph 6(2) (exercise of power to appoint new director or trustee) for “Charity Commissioners” substitute “ Charity Commission ”. (3) In paragraph 10 (change of objects by certain charities)— (a) in sub-paragraphs (1) and (2) for “Charity Commissioners” (in each place) substitute “ Charity Commission ”, and (b) in sub-paragraph (2) for “their” substitute “ its ”. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In paragraph 28(4) (notification upon exercise of certain powers in relation to registered charities) for “Charity Commissioners” substitute “ Charity Commission ”. School Standards and Framework Act 1998 (c. 31) 193 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 196 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Trustee Act 2000 (c. 29) 197 In section 19(4) of the Trustee Act 2000 (guidance concerning persons who may be appointed as nominees or custodians) for “Charity Commissioners” substitute “ Charity Commission ”. Churchwardens Measure 2001 (No. 1) 198 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Licensing Act 2003 (c. 17) 199 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27) 200 The Companies (Audit, Investigations and Community Enterprise) Act 2004 has effect subject to the following amendments. 201 In section 39 (existing companies: charities), in subsections (1) and (2), for “Charity Commissioners” substitute “ Charity Commission ”. 202 In section 40 (existing companies: Scottish charities), in subsections (4)(b) and (6), for “Charity Commissioners” substitute “ Charity Commission ”. 203 In section 54(7) (requirements for becoming a charity or a Scottish charity)— (a) for “Charity Commissioners” substitute “ Charity Commission ”, and (b) for “their” substitute “ its ”. 204 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pensions Act 2004 (c. 35) 205 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Constitutional Reform Act 2005 (c. 4) 208 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Charities and Trustee Investment (Scotland) Act 2005 (asp 10) 209 The Charities and Trustee Investment (Scotland) Act 2005 has effect subject to the following amendments. 210 In section 36(1) (powers of OSCR in relation to English and Welsh charities)— (a) for “Charity Commissioners for England and Wales inform” substitute “ Charity Commission for England and Wales informs ”, (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 In section 69(2)(d)(i) (persons disqualified from being charity trustees)— (a) at the beginning insert “ by the Charity Commission for England and Wales under section 18(2)(i) of the Charities Act 1993 or ”, and (b) for “under section 18(2)(i) of the Charities Act 1993 (c. 10),” substitute “ , whether under section 18(2)(i) of that Act or under ”. Equality Act 2006 (c. 3) 212 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SCHEDULE 9 Repeals and revocations

Section 75 Short title and chapter or title and number | Extent of repeal or revocation Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31) | In section 5(1), in paragraph (b) of the proviso, the words from “, and no representation” onwards. Recreational Charities Act 1958 (c. 17) | Section 2. Church Funds Investment Measure 1958 (No. 1) | Section 5. Charities Act 1960 (c. 58) | The whole Act. Housing Act 1985 (c. 68) | In section 6A(5), the words from “and is not” onwards. Reverter of Sites Act 1987 (c. 15) | In section 4(4), the words “and appeals” and (in both places) “, and to appeals against,”. Charities Act 1992 (c. 41) | Part 1 (so far as unrepealed). Part 3. Section 76(1)(c) and the word “and” preceding it. In section 77(4), “or 73”. In section 79, in subsection (6) the words “(subject to subsection (7))”, and subsection (7). Schedule 5. In Schedule 6, paragraph 9. In Schedule 7, the entry relating to the Police, Factories, &c. (Miscellaneous Provisions) Act 1916. Charities Act 1993 (c. 10) | Section 1. In section 2(7), the words from “, and the report” onwards. In section 4, subsection (3) and, in subsection (5), the words “, whether given on such an appeal or not”. Section 6(9). Section 9(4). In section 16, in subsection (4)(c) the words “in the case of a charity other than an exempt charity,”, in subsection (5) the words “which is not an exempt charity and”, and subsections (11) to (14). In section 17(7), the words from “but this subsection” onwards. Section 18(8) to (10). In section 23(2), the words “or them”. In section 24(8), the words from “; and if the scheme” onwards. Section 28(10). In section 33, in each of subsections (2) and (7) the words “(other than an exempt charity)”. Section 44(3). Section 46(8). Section 61(7). In section 73(4), the words “(other than an exempt charity)”. Section 92. In section 96, in the definition of “exempt charity” in subsection (1) the words “(subject to section 24(8) above)”, and subsection (4). Schedule 1. In Schedule 2, in paragraph (b) the words “and the colleges of Winchester and Eton”, and paragraph (x). In Schedule 6, paragraphs 1(2), 26, 28 and 29(2) to (4), (7) and (8). National Lottery etc. Act 1993 (c. 39) | In Schedule 5, paragraph 12. Local Government (Wales) Act 1994 (c. 19) | In Schedule 16, paragraph 99. Deregulation and Contracting Out Act 1994 (c. 40) | Section 28. Section 29(7) and (8). Housing Act 1996 (c. 52) | In section 58(1)(b), the words from “and is not” onwards. Teaching and Higher Education Act 1998 (c. 30) | Section 41. In Schedule 3, paragraph 9. School Standards and Framework Act 1998 (c. 31) | In section 23(1), the words “which are exempt charities for the purposes of the Charities Act 1993”. In Schedule 30, paragraph 48. Intervention Board for Agricultural Produce (Abolition) Regulations 2001 (S.I. 2001/3686) | Regulation 6(11)(a). Regulatory Reform (National Health Service Charitable and Non-Charitable Trust Accounts and Audit) Order 2005 (S.I. 2005/1074) | Article 3(5).

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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).

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