Charities Act 1992
1992 CHAPTER 41
An Act to amend the Charities Act 1960 and make other provision with respect to charities; to regulate fund-raising activities carried on in connection with charities and other institutions; Schedule 6to make fresh provision with respect to public charitable collections; and for connected purposes.
[16th March 1992]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Extent Information
E1Act extends to England and Wales only except as provided by s. 79(3)-(7)
F1Part IU.K.
Textual Amendments
F1Pt. I (except ss. 1(1)(4), 29, 30, 36, 49, 50) repealed (1.8.1993) by 1993 c. 10, s. 98(2), Sch.7
PreliminaryE+W
1 Interpretation of Part I, etc.E+W
(1)In this Part—
“the 1960 Act” means the M1Charities Act 1960;
“financial year”—
(a)in relation to a charity which is a company, shall be construed in accordance with section 223 of the M2Companies Act 1985; and
(b)in relation to any other charity, shall be construed in accordance with regulations made by virtue of section 20(2);
“gross income”, in relation to a charity, means its gross recorded income from all sources, including special trusts;
“independent examiner”, in relation to a charity, means such a person as is mentioned in section 21(3)(a);
“the official custodian” means the official custodian for charities;
“the register” (unless the context otherwise requires) means the register of charities kept under section 4 of the 1960 Act, and “registered” shall be construed accordingly;
“special trust” means property which is held and administered by or on behalf of a charity for any special purposes of the charity, and is so held and administered on separate trusts relating only to that property.
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)No vesting or transfer of any property in pursuance of any provision of this Part, or of any provision of the 1960 Act as amended by this Part, shall operate as a breach of a covenant or condition against alienation or give rise to a forfeiture.
Textual Amendments
F2S. 1(2)(3) repealed (1.8.1993) by 1993 c. 10, s. 98(2), Sch.7
Commencement Information
I1S. 1 partly in force at 1.9.1992; (except the definitions of "financial year", "independant examiner" and "special trust" in s. 1(1) and (3)), see s. 79(2) and S.I. 1992/1900, art. 2(1), Sch. 1.
Marginal Citations
Registration of charitiesE+W
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Charity namesE+W
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Supervision and control by CommissionersE+W
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Powers with respect to administration of charitiesE+W
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Charity accountsE+W
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Charity proceedingsE+W
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Charity propertyE+W
29 Divestment of charity property held by official custodian for charities.E+W
(1)The official custodian shall, in accordance with this section, divest himself of all property to which this subsection applies.
(2)Subsection (1) applies to any property held by the official custodian in his capacity as such, with the exception of—
(a)any land; and
(b)any property (other than land) which is vested in him by virtue of an order of the Commissioners under section 20 of the 1960 Act [F3or section 18 of the Charities Act 1993] (power to act for protection of charities).
(3)Where property to which subsection (1) applies is held by the official custodian in trust for particular charities, he shall (subject to subsection (7)) divest himself of that property in such manner as the Commissioners may direct.
(4)Without prejudice to the generality of subsection (3), directions given by the Commissioners under that subsection may make different provision in relation to different property held by the official custodian or in relation to different classes or descriptions of property held by him, including (in particular)—
(a)provision designed to secure that the divestment required by subsection (1) is effected in stages or by means of transfers or other disposals taking place at different times;
(b)provision requiring the official custodian to transfer any specified investments, or any specified class or description of investments, held by him in trust for a charity—
(i)to the charity trustees or any trustee for the charity, or
(ii)to a person nominated by the charity trustees to hold any such investments in trust for the charity;
(c)provision requiring the official custodian to sell or call in any specified investments, or any specified class or description of investments, so held by him and to pay any proceeds of sale or other money accruing therefrom—
(i)to the charity trustees or any trustee for the charity, or
(ii)into any bank account kept in its name.
(5)The charity trustees of a charity may, in the case of any property falling to be transferred by the official custodian in accordance with a direction under subsection (3), nominate a person to hold any such property in trust for the charity; but a person shall not be so nominated unless—
(a)if an individual, he resides in England and Wales; or
(b)if a body corporate, it has a place of business there.
(6)Directions under subsection (3) shall, in the case of any property vested in the official custodian by virtue of section 22(6) of the 1960 Act (common investment funds), provide for any such property to be transferred—
(a)to the trustees appointed to manage the common investment fund concerned; or
(b)to any person nominated by those trustees who is authorised by or under the common investment scheme concerned to hold that fund or any part of it.
(7)Where the official custodian—
(a)holds any relevant property in trust for a charity, but
(b)after making reasonable inquiries is unable to locate the charity or any of its trustees,
he shall—
(i)unless the relevant property is money, sell the property and hold the proceeds of sale pending the giving by the Commissioners of a direction under subsection (8);
(ii)if the relevant property is money, hold it pending the giving of any such direction;
and for this purpose “relevant property” means any property to which subsection (1) applies or any proceeds of sale or other money accruing to the official custodian in consequence of a direction under subsection (3).
(8)Where subsection (7) applies in relation to a charity (“the dormant charity”), the Commissioners may direct the official custodian—
(a)to pay such amount as is held by him in accordance with that subsection to such other charity as is specified in the direction in accordance with subsection (9), or
(b)to pay to each of two or more other charities so specified in the direction such part of that amount as is there specified in relation to that charity.
(9)The Commissioners may specify in a direction under subsection (8) such charity or charities as they consider appropriate, being in each case a charity whose purposes are, in the opinion of the Commissioners, as similar in character to those of the dormant charity as is reasonably practicable; but the Commissioners shall not so specify any charity unless they have received from the charity trustees written confirmation that they are willing to accept the amount proposed to be paid to the charity.
(10)Any amount received by a charity by virtue of subsection (8) shall be received by the charity on terms that—
(a)it shall be held and applied by the charity for the purposes of the charity, but
(b)it shall, as property of the charity, nevertheless be subject to any restrictions on expenditure to which it, or (as the case may be) the property which it represents, was subject as property of the dormant charity.
(11)At such time as the Commissioners are satisfied that the official custodian has divested himself of all property held by him in trust for particular charities, all remaining funds held by him as official custodian shall be paid by him into the Consolidated Fund.
(12)Nothing in subsection (11) applies in relation to any property held by the official custodian which falls within subsection (2)(a) or (b).
(13)In this section “land” does not include any interest in land by way of mortgage or other security.
Textual Amendments
F3Words in s. 29(2)(b) inserted (1.8.1993) by 1993 c. 10, s. 98(1), Sch. 6 para. 29(2)
Commencement Information
I20S. 29 wholly in force at 1.9.1992 see s. 79(2) and S.I. 1992/1900, art. 2(1), Sch. 1.
30 Provisions supplementary to s. 29.E+W
(1)Any directions of the Commissioners under section 29 above shall have effect notwithstanding anything—
(a)in the trusts of a charity, or
(b)in section 17(1) of the 1960 Act [F4or section 22(1) of the Charities Act 1993] (supplementary provisions as to property vested in official custodian).
(2)Subject to subsection (3), any provision—
(a)of the trusts of a charity, or
(b)of any directions given by an order of the Commissioners made in connection with a transaction requiring the sanction of an order under section 29(1) of the 1960 Act (restrictions on dealing with charity property),
shall cease to have effect if and to the extent that it requires or authorises personal property of the charity to be transferred to or held by the official custodian; and for this purpose “personal property” extends to any mortgage or other real security, but does not include any interest in land other than such an interest by way of mortgage or other security.
(3)Subsection (2) does not apply to—
(a)any provision of an order made under section 20 of the 1960 Act [F5or section 18 of the Charities Act 1993](power to act for protection of charities); or
(b)any provision of any other order, or of any scheme, of the Commissioners if the provision requires trustees of a charity to make payments into an account maintained by the official custodian with a view to the accumulation of a sum as capital of the charity (whether or not by way of recoupment of a sum expended out of the charity’s permanent endowment);
but any such provision as is mentioned in paragraph (b) shall have effect as if, instead of requiring the trustees to make such payments into an account maintained by the official custodian, it required the trustees to make such payments into an account maintained by them or by any other person (apart from the official custodian) who is either a trustee for the charity or a person nominated by them to hold such payments in trust for the charity.
(4)The disposal of any property by the official custodian in accordance with section 29 above shall operate to discharge him from his trusteeship of that property.
(5)Where any instrument issued by the official custodian in connection with any such disposal contains a printed reproduction of his official seal, that instrument shall have the same effect as if it were duly sealed with his official seal.
Textual Amendments
F4Words in s. 30(1)(b) inserted (1.8.1993) by 1993 c. 10, s. 98(1), Sch. 6 para. 29(3)
F5Words in s. 30(3)(a) inserted (1.8.1993) by 1993 c. 10, s. 98(1), Sch. 6 para. 29(4)
Commencement Information
I21S. 30 wholly in force at 1.9.1992 see s. 79(2) and S.I. 1992/1900, art. 2(1), Sch. 1.
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36 Removal of requirements under statutory provisions for consent to dealings with charity land.E+W
(1)Any provision—
(a)establishing or regulating a particular charity and contained in, or having effect under, any Act of Parliament, or
(b)contained in the trusts of a charity,
shall cease to have effect if and to the extent that it provides for dispositions of, or other dealings with, land held by or in trust for the charity to require the consent of the Commissioners (whether signified by order or otherwise).
(2)Any provision of an order or scheme under the M23Education Act 1944 or the M24Education Act 1973 relating to a charity shall cease to have effect if and to the extent that it requires, in relation to any sale, lease or other disposition of land held by or in trust for the charity, approval by the Commissioners or the Secretary of State of the amount for which the land is to be sold, leased or otherwise disposed of.
(3)In this section “land” means land in England or Wales.
Commencement Information
I27S. 36 wholly in force at 1.1.1993 see s. 79(2) and S.I. 1992/1900, art. 4(1), Sch. 3.
Marginal Citations
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Powers of investmentE+W+S
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Charitable companiesE+W
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Small charitiesE+W
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Disqualification for acting as charity trusteeE+W
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Miscellaneous and supplementaryU.K.
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49 Amendment of Redundant Churches and Other Religious Buildings Act 1969.E+W
The M43Redundant Churches and Other Religious Buildings Act M441969 shall have effect subject to the amendments specified in Schedule 5 to this Act.
Commencement Information
I40S. 49 wholly in force at 1.9.1992 see s. 79(2) and S.I. 1992/1900, art. 2(1), Sch. 1.
Marginal Citations
50 Contributions towards maintenance etc. of almshouses.E+W
(1)Any provision in the trusts of an almshouse charity which relates to the payment by persons resident in the charity’s almshouses of contributions towards the cost of maintaining those almshouses and essential services in them shall cease to have effect if and to the extent that it provides for the amount, or the maximum amount, of such contributions to be a sum specified, approved or authorised by the Commissioners.
(2)In subsection (1)—
“almshouse” means any premises maintained as an almshouse, whether they are called an almshouse or not; and
“almshouse charity” means a charity which is authorised under its trusts to maintain almshouses.
Commencement Information
I41S. 50 wholly in force at 1.9.1992 see s. 79(2) and S.I. 1992/1900, art. 2(1), Sch. 1.
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Part IIE+W CONTROL OF FUND-RAISING FOR CHARITABLE INSTITUTIONS
Commencement Information
PreliminaryE+W
58 Interpretation of Part II.E+W
(1)In this Part—
“charitable contributions”, in relation to any representation made by any commercial participator or other person, means—
(a)the whole or part of—
(i)the consideration given for goods or services sold or supplied by him, or
(ii)any proceeds (other than such consideration) of a promotional venture undertaken by him, or
(b)sums given by him by way of donation in connection with the sale or supply of any such goods or services (whether the amount of such sums is determined by reference to the value of any such goods or services or otherwise);
“charitable institution” means a charity or an institution (other than a charity) which is established for charitable, benevolent or philanthropic purposes;
“charity” means a charity within the meaning of [F6the Charities Act 1993];
“commercial participator”, in relation to any charitable institution, means any person [F7(apart from a company connected with the institution)]who—
(a)carries on for gain a business other than a fund-raising business, but
(b)in the course of that business, engages in any promotional venture in the course of which it is represented that charitable contributions are to be given to or applied for the benefit of the institution;
“company” has the meaning given by section [F697 of the Charities Act 1993];
“the court” means the High Court or a county court;
“credit card” means a card which is a credit-token within the meaning of the M49Consumer Credit Act 1974;
“debit card” means a card the use of which by its holder to make a payment results in a current account of his at a bank, or at any other institution providing banking services, being debited with the payment;
“fund-raising business” means any business carried on for gain and wholly or primarily engaged in soliciting or otherwise procuring money or other property for charitable, benevolent or philanthropic purposes;
“institution” includes any trust or undertaking;
“professional fund-raiser” means—
(a)any person (apart from a charitable institution [F8or a company connected with such an institution]) who carries on a fund-raising business, or
(b)any other person (apart from a person excluded by virtue of subsection (2) or (3)) who for reward solicits money or other property for the benefit of a charitable institution, if he does so otherwise than in the course of any fund-raising venture undertaken by a person falling within paragraph (a) above;
“promotional venture” means any advertising or sales campaign or any other venture undertaken for promotional purposes;
“radio or television programme” includes any item included in a programme service within the meaning of the M50Broadcasting Act 1990.
(2)In subsection (1), paragraph (b) of the definition of “professional fund-raiser” does not apply to any of the following, namely—
(a)any charitable institution or any company connected with any such institution;
(b)any officer or employee of any such institution or company, or any trustee of any such institution, acting (in each case) in his capacity as such;
(c)any person acting as a collector in respect of a public charitable collection (apart from a person who is to be treated as a promoter of such a collection by virtue of section 65(3));
(d)any person who in the course of a relevant programme, that is to say a radio or television programme in the course of which a fund-raising venture is undertaken by—
(i)a charitable institution, or
(ii)a company connected with such an institution,
makes any solicitation at the instance of that institution or company; or
(e)any commercial participator;
and for this purpose “collector” and “public charitable collection” have the same meaning as in Part III of this Act.
(3)In addition, paragraph (b) of the definition of “professional fund-raiser” does not apply to a person if he does not receive—
(a)more than—
(i)£5 per day, or
(ii)£500 per year,
by way of remuneration in connection with soliciting money or other property for the benefit of the charitable institution referred to in that paragraph; or
(b)more than £500 by way of remuneration in connection with any fund-raising venture in the course of which he solicits money or other property for the benefit of that institution.
(4)In this Part any reference to charitable purposes, where occurring in the context of a reference to charitable, benevolent or philanthropic purposes, is a reference to charitable purposes whether or not the purposes are charitable within the meaning of any rule of law.
(5)For the purposes of this Part a company is connected with a charitable institution if—
(a)the institution, or
(b)the institution and one or more other charitable institutions, taken together,
is or are entitled (whether directly or through one or more nominees) to exercise, or control the exercise of, the whole of the voting power at any general meeting of the company.
(6)In this Part—
(a)“represent” and “solicit” mean respectively represent and solicit in any manner whatever, whether expressly or impliedly and whether done—
(i)by speaking directly to the person or persons to whom the representation or solicitation is addressed (whether when in his or their presence or not), or
(ii)by means of a statement published in any newspaper, film or radio or television programme,
or otherwise, and references to a representation or solicitation shall be construed accordingly; and
(b)any reference to soliciting or otherwise procuring money or other property is a reference to soliciting or otherwise procuring money or other property whether any consideration is, or is to be, given in return for the money or other property or not.
(7)Where—
(a)any solicitation of money or other property for the benefit of a charitable institution is made in accordance with arrangements between any person and that institution, and
(b)under those arrangements that person will be responsible for receiving on behalf of the institution money or other property given in response to the solicitation,
then (if he would not be so regarded apart from this subsection) that person shall be regarded for the purposes of this Part as soliciting money or other property for the benefit of the institution.
(8)Where any fund-raising venture is undertaken by a professional fund-raiser in the course of a radio or television programme, any solicitation which is made by a person in the course of the programme at the instance of the fund-raiser shall be regarded for the purposes of this Part as made by the fund-raiser and not by that person (and shall be so regarded whether or not the solicitation is made by that person for any reward).
(9)In this Part “services” includes facilities, and in particular—
(a)access to any premises or event;
(b)membership of any organisation;
(c)the provision of advertising space; and
(d)the provision of any financial facilities;
and references to the supply of services shall be construed accordingly.
(10)The Secretary of State may by order amend subsection (3) by substituting a different sum for any sum for the time being specified there.
Textual Amendments
F6Words in s. 58(1) substituted (1.8.1993) by 1993 c. 10, s. 98(1), Sch. 6 para. 29(5)
F7Words in s. 58(1) inserted (3.11.1994) by 1994 c. 40, ss. 25(2), 82(2)
F8Words in s. 58(1) inserted (3.11.1994) by 1994 c. 40, ss. 25(3), 82(2)
Commencement Information
I50Pt. II (ss. 58-64) wholly in force at 1.3.1995; Pt. II not in force at Royal Assent see s. 79(2); Pt. II in force for certain purposes at 28.11.1994 and wholly in force at 1.3.1995 by S.I. 1999/3023, art. 2
Marginal Citations
Control of fund-raisingE+W
59 Prohibition on professional fund-raiser etc. raising funds for charitable institution without an agreement in prescribed form.E+W
(1)It shall be unlawful for a professional fund-raiser to solicit money or other property for the benefit of a charitable institution unless he does so in accordance with an agreement with the institution satisfying the prescribed requirements.
(2)It shall be unlawful for a commercial participator to represent that charitable contributions are to be given to or applied for the benefit of a charitable institution unless he does so in accordance with an agreement with the institution satisfying the prescribed requirements.
(3)Where on the application of a charitable institution the court is satisfied—
(a)that any person has contravened or is contravening subsection (1) or (2) in relation to the institution, and
(b)that, unless restrained, any such contravention is likely to continue or be repeated,
the court may grant an injunction restraining the contravention; and compliance with subsection (1) or (2) shall not be enforceable otherwise than in accordance with this subsection.
(4)Where—
(a)a charitable institution makes any agreement with a professional fund-raiser or a commercial participator by virtue of which—
(i)the professional fund-raiser is authorised to solicit money or other property for the benefit of the institution, or
(ii)the commercial participator is authorised to represent that charitable contributions are to be given to or applied for the benefit of the institution,
as the case may be, but
(b)the agreement does not satisfy the prescribed requirements in any respect,
the agreement shall not be enforceable against the institution except to such extent (if any) as may be provided by an order of the court.
(5)A professional fund-raiser or commercial participator who is a party to such an agreement as is mentioned in subsection (4)(a) shall not be entitled to receive any amount by way of remuneration or expenses in respect of anything done by him in pursuance of the agreement unless—
(a)he is so entitled under any provision of the agreement, and
(b)either—
(i)the agreement satisfies the prescribed requirements, or
(ii)any such provision has effect by virtue of an order of the court under subsection (4).
(6)In this section “the prescribed requirements” means such requirements as are prescribed by regulations made by virtue of section 64(2)(a).
Commencement Information
60 Professional fund-raisers etc. required to indicate institutions benefiting and arrangements for remuneration.E+W
(1)Where a professional fund-raiser 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 concerned;
(b)if there is more than one institution concerned, the proportions in which the institutions are respectively to benefit; and
(c)(in general terms) the method by which the fund-raiser’s remuneration in connection with the appeal is to be determined.
(2)Where a professional fund-raiser 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; and
(c)(in general terms) the method by which his remuneration in connection with the appeal is to be determined.
(3)Where any representation is made by a commercial participator to the effect that charitable contributions are to be given to or applied for the benefit of one or more particular charitable institutions, the representation shall be accompanied by a statement clearly indicating—
(a)the name or names of the institution or institutions concerned;
(b)if there is more than one institution concerned, the proportions in which the institutions are respectively to benefit; and
(c)(in general terms) the method by which it is to be determined—
(i)what proportion of the consideration given for goods or services sold or supplied by him, or of any other proceeds of a promotional venture undertaken by him, is to be given to or applied for the benefit of the institution or institutions concerned, or
(ii)what sums by way of donations by him in connection with the sale or supply of any such goods or services are to be so given or applied,
as the case may require.
(4)If any such solicitation or representation as is mentioned in any of subsections (1) to (3) is made—
(a)in the course of a radio or television programme, and
(b)in association with an announcement to the effect that payment may be made, in response to the solicitation or representation, by means of a credit or debit card,
the statement required by virtue of subsection (1), (2) or (3) (as the case may be) shall include full details of the right to have refunded under section 61(1) any payment of £50 or more which is so made.
(5)If any such solicitation or representation as is mentioned in any of subsections (1) to (3) is made orally but is not made—
(a)by speaking directly to the particular person or persons to whom it is addressed and in his or their presence, or
(b)in the course of any radio or television programme,
the professional fund-raiser or commercial participator concerned shall, within seven days of any payment of £50 or more being made to him in response to the solicitation or representation, give to the person making the payment a written statement—
(i)of the matters specified in paragraphs (a) to (c) of that subsection; and
(ii)including full details of the right to cancel under section 61(2) an agreement made in response to the solicitation or representation, and the right to have refunded under section 61(2) or (3) any payment of £50 or more made in response thereto.
(6)In subsection (5) above the reference to the making of a payment is a reference to the making of a payment of whatever nature and by whatever means, including a payment made by means of a credit card or a debit card; and for the purposes of that subsection—
(a)where the person making any such payment makes it in person, it shall be regarded as made at the time when it is so made;
(b)where the person making any such payment sends it by post, it shall be regarded as made at the time when it is posted; and
(c)where the person making any such payment makes it by giving, by telephone or by means of any other [F9electronic communications apparatus], authority for an account to be debited with the payment, it shall be regarded as made at the time when any such authority is given.
(7)Where any requirement of subsections (1) to (5) is not complied with in relation to any solicitation or representation, the professional fund-raiser or commercial participator concerned shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fifth level on the standard scale.
(8)It shall be a defence for a person charged with any such offence to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(9)Where the commission by any person of an offence under subsection (7) is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the first-mentioned person.
(10)In this section—
“the appeal”, in relation to any solicitation by a professional fund-raiser, means the campaign or other fund-raising venture in the course of which the solicitation is made;
F10...
Textual Amendments
F9Words in s. 60(6)(c) substituted (25.7.2003 for specified purposes) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 118 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
F10Words in s. 60(10) repealed (25.7.2003 for specified purposes) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
Commencement Information
I52Pt. II (ss. 58-64) wholly in force at 1.3.1995; Pt. II not in force at Royal Assent see s. 79(2); Pt. II in force for certain purposes at 28.11.1994 and wholly in force at 1.3.1995 by S.I. 1999/3023, art. 2
61 Cancellation of payments and agreements made in response to appeals.E+W
(1)Where—
(a)a person (“the donor”), in response to any such solicitation or representation as is mentioned in any of subsections (1) to (3) of section 60 which is made in the course of a radio or television programme, makes any payment of £50 or more to the relevant fund-raiser by means of a credit card or a debit card, but
(b)before the end of the period of seven days beginning with the date of the solicitation or representation, the donor serves on the relevant fund-raiser a notice in writing which, however expressed, indicates the donor’s intention to cancel the payment,
the donor shall (subject to subsection (4) below) be entitled to have the payment refunded to him forthwith by the relevant fund-raiser.
(2)Where—
(a)a person (“the donor”), in response to any solicitation or representation falling within subsection (5) of section 60, enters into an agreement with the relevant fund-raiser under which the donor is, or may be, liable to make any payment or payments to the relevant fund-raiser, and the amount or aggregate amount which the donor is, or may be, liable to pay to him under the agreement is £50 or more, but
(b)before the end of the period of seven days beginning with the date when he is given any such written statement as is referred to in that subsection, the donor serves on the relevant fund-raiser a notice in writing which, however expressed, indicates the donor’s intention to cancel the agreement,
the notice shall operate, as from the time when it is so served, to cancel the agreement and any liability of any person other than the donor in connection with the making of any such payment or payments, and the donor shall (subject to subsection (4) below) be entitled to have any payment of £50 or more made by him under the agreement refunded to him forthwith by the relevant fund-raiser.
(3)Where, in response to any solicitation or representation falling within subsection (5) of section 60, a person (“the donor”)—
(a)makes any payment of £50 or more to the relevant fund-raiser, but
(b)does not enter into any such agreement as is mentioned in subsection (2) above,
then, if before the end of the period of seven days beginning with the date when the donor is given any such written statement as is referred to in subsection (5) of that section, the donor serves on the relevant fund-raiser a notice in writing which, however expressed, indicates the donor’s intention to cancel the payment, the donor shall (subject to subsection (4) below) be entitled to have the payment refunded to him forthwith by the relevant fund-raiser.
(4)The right of any person to have a payment refunded to him under any of subsections (1) to (3) above—
(a)is a right to have refunded to him the amount of the payment less any administrative expenses reasonably incurred by the relevant fund-raiser in connection with—
(i)the making of the refund, or
(ii)(in the case of a refund under subsection (2)) dealing with the notice of cancellation served by that person; and
(b)shall, in the case of a payment for goods already received, be conditional upon restitution being made by him of the goods in question.
(5)Nothing in subsections (1) to (3) above has effect in relation to any payment made or to be made in respect of services which have been supplied at the time when the relevant notice is served.
(6)In this section any reference to the making of a payment is a reference to the making of a payment of whatever nature and (in the case of subsection (2) or (3)) a payment made by whatever means, including a payment made by means of a credit card or a debit card; and subsection (6) of section 60 shall have effect for determining when a payment is made for the purposes of this section as it has effect for determining when a payment is made for the purposes of subsection (5) of that section.
(7)In this section “the relevant fund-raiser”, in relation to any solicitation or representation, means the professional fund-raiser or commercial participator by whom it is made.
(8)The Secretary of State may by order—
(a)amend any provision of this section by substituting a different sum for the sum for the time being specified there; and
(b)make such consequential amendments in section 60 as he considers appropriate.
Commencement Information
62 Right of charitable institution to prevent unauthorised fund-raising.E+W
(1)Where on the application of any charitable institution—
(a)the court is satisfied that any person has done or is doing either of the following, namely—
(i)soliciting money or other property for the benefit of the institution, or
(ii)representing that charitable contributions are to be given to or applied for the benefit of the institution,
and that, unless restrained, he is likely to do further acts of that nature, and
(b)the court is also satisfied as to one or more of the matters specified in subsection (2),
then (subject to subsection (3)) the court may grant an injunction restraining the doing of any such acts.
(2)The matters referred to in subsection (1)(b) are—
(a)that the person in question is using methods of fund-raising to which the institution objects;
(b)that that person is not a fit and proper person to raise funds for the institution; and
(c)where the conduct complained of is the making of such representations as are mentioned in subsection (1)(a)(ii), that the institution does not wish to be associated with the particular promotional or other fund-raising venture in which that person is engaged.
(3)The power to grant an injunction under subsection (1) shall not be exercisable on the application of a charitable institution unless the institution has, not less than 28 days before making the application, served on the person in question a notice in writing—
(a)requesting him to cease forthwith—
(i)soliciting money or other property for the benefit of the institution, or
(ii)representing that charitable contributions are to be given to or applied for the benefit of the institution,
as the case may be; and
(b)stating that, if he does not comply with the notice, the institution will make an application under this section for an injunction.
(4)Where—
(a)a charitable institution has served on any person a notice under subsection (3) (“the relevant notice”) and that person has complied with the notice, but
(b)that person has subsequently begun to carry on activities which are the same, or substantially the same, as those in respect of which the relevant notice was served,
the institution shall not, in connection with an application made by it under this section in respect of the activities carried on by that person, be required by virtue of that subsection to serve a further notice on him, if the application is made not more than 12 months after the date of service of the relevant notice.
(5)This section shall not have the effect of authorising a charitable institution to make an application under this section in respect of anything done by a professional fund-raiser or commercial participator in relation to the institution.
Commencement Information
63 False statements relating to institutions which are not registered charities.E+W
(1)Where—
(a)a person solicits money or other property for the benefit of an institution in association with a representation that the institution is a registered charity, and
(b)the institution is not such a charity,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fifth level on the standard scale.
[F11(1A)In any proceedings for an offence under subsection (1), it shall be a defence for the accused to prove that he believed on reasonable grounds that the institution was a registered charity.]
(2) In [F12this section]“registered charity” means a charity which is for the time being registered in the register of charities kept under [F13section 3 of the Charities Act 1993].
Textual Amendments
F11S. 63(1)(A) inserted (3.11.1994) by 1994 c. 40, ss. 26(2), 82(2)
F12Words in s. 63(2) substituted (3.11.1994) by 1994 c. 40, ss. 26(3), 82(2)
F13Words in s. 63(2) substituted (1.8.1993) by 1993 c. 10, s. 98(1), Sch. 6 para. 29(6)
Commencement Information
SupplementaryE+W
64 Regulations about fund-raising.E+W
(1)The Secretary of State may make such regulations as appear to him to be necessary or desirable for any purposes connected with any of the preceding provisions of this Part.
(2)Without prejudice to the generality of subsection (1), any such regulations may—
(a)prescribe the form and content of—
(i)agreements made for the purposes of section 59, and
(ii)notices served under section 62(3);
(b)require professional fund-raisers or commercial participators who are parties to such agreements with charitable institutions to make available to the institutions books, documents or other records (however kept) which relate to the institutions;
(c)specify the manner in which money or other property acquired by professional fund-raisers or commercial participators for the benefit of, or otherwise falling to be given to or applied by such persons for the benefit of, charitable institutions is to be transmitted to such institutions;
(d)provide for any provisions of section 60 or 61 having effect in relation to solicitations or representations made in the course of radio or television programmes to have effect, subject to any modifications specified in the regulations, in relation to solicitations or representations made in the course of such programmes—
(i)by charitable institutions, or
(ii)by companies connected with such institutions,
and, in that connection, provide for any other provisions of this Part to have effect for the purposes of the regulations subject to any modifications so specified;
(e)make other provision regulating the raising of funds for charitable, benevolent or philanthropic purposes (whether by professional fund-raisers or commercial participators or otherwise).
(3)In subsection (2)(c) the reference to such money or other property as is there mentioned includes a reference to money or other property which, in the case of a professional fund-raiser or commercial participator—
(a)has been acquired by him otherwise than in accordance with an agreement with a charitable institution, but
(b)by reason of any solicitation or representation in consequence of which it has been acquired, is held by him on trust for such an institution.
(4)Regulations under this section may provide that any failure to comply with a specified provision of the regulations shall be an offence punishable on summary conviction by a fine not exceeding the second level on the standard scale.
Commencement Information
Yn ddilys o 27/02/2007
Part IIIE+W PUBLIC CHARITABLE COLLECTIONS
Prospective
F14 PreliminaryE+W
Textual Amendments
F14Pt. III repealed (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 91, Sch. 9; S.I. 2007/309, art. 2, Sch.
F1465 Interpretation of Part III.E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prospective
F14 Prohibition on conducting unauthorised collectionsE+W
F1466 Prohibition on conducting public charitable collections without authorisation.E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prospective
F14 PermitsE+W
F1467 Applications for permits to conduct public charitable collections.E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1468 Determination of applications and issue of permits.E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1469 Refusal of permits.E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1470 Withdrawal etc. of permits.E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1471 Appeals.E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Orders made by Charity CommissionersE+W
72 Orders made by Charity Commissioners.E+W
(1)Where the Charity Commissioners are satisfied, on the application of any charity, that that charity proposes—
(a)to promote public charitable collections—
(i)throughout England and Wales, or
(ii)throughout a substantial part of England and Wales,
in connection with any charitable purposes pursued by the charity, or
(b)to authorise other persons to promote public charitable collections as mentioned in paragraph (a),
the Commissioners may make an order under this subsection in respect of the charity.
(2)Such an order shall have the effect of authorising public charitable collections which—
(a)are promoted by the charity in respect of which the order is made, or by persons authorised by the charity, and
(b)are so promoted in connection with the charitable purposes mentioned in subsection (1),
to be conducted in such area or areas as may be specified in the order.
(3)An order under subsection (1) may—
(a)include such conditions as the Commissioners think fit;
(b)be expressed (without prejudice to paragraph (c)) to have effect without limit of time, or for a specified period only;
(c)be revoked or varied by a further order of the Commissioners.
(4)Where the Commissioners, having made an order under subsection (1) in respect of a charity, make any further order revoking or varying that order, they shall serve on the charity written notice of their reasons for making the further order, unless it appears to them that the interests of the charity would not be prejudiced by the further order.
[F15(5)Section 89(1), (2) and (4) of the Charities Act 1993 (provisions as to orders made by the Commissioners) shall apply to an order made by them under this section as it applies to an order made by them under that Act.
(6)In this section “charity” and “charitable purposes” have the same meaning as in that Act.]
Textual Amendments
F15S. 72(5)(6) substituted for s. 72(5) (1.8.1993) by 1993 c. 10, s. 98(1), Sch. 6 para. 29(7)
SupplementaryE+W
Prospective
F1473 Regulations.E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F14Pt. III repealed (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 91, Sch. 9; S.I. 2007/309, art. 2, Sch.
74 Offences.E+W
(1)A person shall be guilty of an offence if, in connection with any charitable appeal, he displays or uses—
(a)a prescribed badge or a prescribed certificate of authority which is not for the time being held by him for the purposes of the appeal pursuant to regulations under section 73, or
(b)any badge or article, or any certificate or other document, so nearly resembling a prescribed badge or (as the case may be) a prescribed certificate of authority as to be likely to deceive a member of the public.
(2)A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding the fourth level on the standard scale.
(3)Any person who, for the purposes of an application made under section 67, knowingly or recklessly furnishes any information which is false in a material particular shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fourth level on the standard scale.
[F16(3A)Any person who knowingly or recklessly provides the Commissioners with information which is false or misleading in a material particular shall be guilty of an offence if the information is provided in circumstances in which he intends, or could reasonably be expected to know, that it would be used by them for the purpose of discharging their functions under section 72.
(3B)A person guilty of an offence under subsection (3A) shall be liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction or indictment, to imprisonment for a term not exceeding two years or to a fine, or both.]
(4)In subsection (1) “prescribed badge” and “prescribed certificate of authority” mean respectively a badge and a certificate of authority in such form as may be prescribed by regulations under section 73.
Textual Amendments
F16S. 74(3A)(3B) inserted (1.8.1993) by 1993 c. 10, s. 98(1), Sch. 6 para. 29(8)
Modifications etc. (not altering text)
C5S. 74 applied (coming into force in accordance with s. 1 of the applying Act) by Greenham and Crookham Commons Act 2002 (c. i), s. 21(4)
Part IVU.K. GENERAL
75 Offences by bodies corporate.E+W
Where any offence—
(a)under this Act or any regulations made under it,
F17(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
In relation to a body corporate whose affairs are managed by its members, “director” means a member of the body corporate.
Textual Amendments
F17S. 75(b) repealed (1.8.1993) by 1993 c. 10, s. 98(1), Sch.7
Commencement Information
I57S. 75 wholly in force at 1.9.1992 see s. 79(2) and S.I. 1992/1900, art. 2(1), Sch. 1.
76 Service of documents.E+W
(1)This section applies to—
F18(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)any notice or other document required or authorised to be given or served under Part II of this Act; and
(c)any notice required to be served under Part III of this Act.
(2)A document to which this section applies may be served on or given to a person (other than a body corporate)—
(a)by delivering it to that person;
(b)by leaving it at his last known address in the United Kingdom; or
(c)by sending it by post to him at that address.
(3)A document to which this section applies may be served on or given to a body corporate by delivering it or sending it by post—
(a)to the registered or principal office of the body in the United Kingdom, or
(b)if it has no such office in the United Kingdom, to any place in the United Kingdom where it carries on business or conducts its activities (as the case may be).
(4)Any such document may also be served on or given to a person (including a body corporate) by sending it by post to that person at an address notified by that person for the purposes of this subsection to the person or persons by whom it is required or authorised to be served or given.
Textual Amendments
F18S. 76(1)(a) repealed (1.8.1993) by 1993 c. 10, s. 98(2), Sch. 7
Commencement Information
I58S. 76 wholly in force at 1.9.1992 see s. 79(2) and S.I. 1992/1900, art. 2(1), Sch. 1.
77 Regulations and orders.E+W+S
(1)Any regulations or order of the Secretary of State under this Act—
(a)shall be made by statutory instrument; and
(b)(subject to subsection (2)) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(2)Subsection (1)(b) does not apply—
F19(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)to an order under section 79(2).
(3)Any regulations or order of the Secretary of State under this Act may make—
(a)different provision for different cases; and
(b)such supplemental, incidental, consequential or transitional provision or savings as the Secretary of State considers appropriate.
(4)Before making any regulations under section F20. . . 64 or 73 the Secretary of State shall consult such persons or bodies of persons as he considers appropriate.
Subordinate Legislation Made
P1S. 77(3) power partly exercised (27.11.1994): different dates appointed for specified provisions by S.I. 1994/3023, art. 2
Textual Amendments
F19S. 77(2)(a)-(c) repealed (1.8.1993) by 1993 c. 10, s. 98(2), Sch.7
F20In s. 77(4) the figures 20, 22, and 23 repealed (1.8.1993) by 1993 c. 10, s. 98(2), Sch. 7
Commencement Information
I59S. 77 wholly in force at 1.9.1992 see s. 79(2) and S.I. 1992/1900, art. 2(1), Sch. 1.
78 Minor and consequential amendments and repeals.U.K.
(1)The enactments mentioned in Schedule 6 to this Act shall have effect subject to the amendments there specified (which are either minor amendments or amendments consequential on the provisions of this Act).
(2)The enactments mentioned in Schedule 7 to this Act (which include some that are already spent or are no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.
Commencement Information
I60S. 78 wholly in force at 1.9.1992 see s. 79(2) and S.I. 1992/1900, art. 2(1), Sch. 1.
79 Short title, commencement and extent.U.K.
(1)This Act may be cited as the Charities Act 1992.
(2)This Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be so appointed for different provisions or for different purposes.
(3)Subject to subsections (4) to (6) below, this Act extends only to England and Wales.
F21(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)The amendments in Schedule 6, and (subject to subsection (7)) the repeals in Schedule 7, have the same extent as the enactments to which they refer, and section 78 extends accordingly.
(7)The repeal in Schedule 7 of the M51Police, Factories, &c. (Miscellaneous Provisions) Act 1916 does not extend to Northern Ireland.
Subordinate Legislation Made
P2S. 79(2) power partly exercised (28.7.1992): different dates appointed for specified provisions see S.I. 1992/1900 art. 2.
S. 79(2) power partly exercised (27.11.1994): different dates appointed for specified provisions see S.I. 1994/3023, art. 3
Textual Amendments
F21S. 79(4)(5) repealed (1.8.1993) by 1993 c. 10, s. 98(2), Sch.7
Commencement Information
I61S. 79 in force at 1.9.1992 by S.I 1992/1900 art 2(1) Sch 1.
Marginal Citations
SCHEDULES
F22SCHEDULE 1E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F22Sch. 1 repealed (1.8.1993) by 1993 c. 10, s. 98(2), Sch.7
F23SCHEDULE 2E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F23Sch. 2 repealed (1.8.1993) by 1993 c. 10, s. 98(2), Sch.7
F24SCHEDULE 3E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F24Sch. 3 repealed (1.8.1993) by 1993 c. 10, s. 98(2), Sch. 7
F26SCHEDULE 4E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F26Sch. 4 repealed (1.8.1993) by 1993 c. 10, s. 98(2), Sch.7
Section 49.
SCHEDULE 5E+W AMENDMENTS OF REDUNDANT CHURCHES AND OTHER RELIGIOUS BUILDINGS ACT 1969
Commencement Information
I82Sch. 5 wholly in force at 1.9.1992 see s. 79(2) and S.I. 1992/1900, art. 2(1), Sch. 1.
1E+WFor section 4 of the M54Redundant Churches and Other Religious Buildings Act 1969 (“the 1969 Act”) substitute—
“4 Transfer of certain redundant places of public worship.
(1)Subject to subsections (9) and (10) below, this section applies to any premises if—
(a)the premises are held by or in trust for a charity (“the relevant charity”), and
(b)the whole or part of the premises has been used as a place of public worship; but
(c)the premises are not a church subject to the provisions of the Pastoral Measure 1983.
(2)If the court is satisfied, with respect to any premises to which this section applies (“the relevant premises”)—
(a)that those premises are no longer required (whether wholly or in part) for use as a place of public worship, and
(b)that one of the following, namely—
(i)the Secretary of State,
(ii)the Commission, or
(iii)a prescribed charity,
is or are willing to enter into an agreement to acquire those premises by way of gift or for a consideration other than full consideration, but
(c)that it is not within the powers of the persons in whom those premises are vested to carry out such an agreement except by virtue of this section,
the court may, under its jurisdiction with respect to charities, establish a scheme for the making and carrying out of such an agreement.
(3)A scheme established under subsection (2) above may, if it appears to the court proper to do so, provide for the acquirer of the relevant premises also to acquire (whether by gift or for a consideration other than full consideration or otherwise)—
(a)any land held by or in trust for the relevant charity which is contiguous or adjacent to those premises; and
(b)any objects which are or have been ordinarily kept on those premises.
(4)In subsections (2) and (3) above, in relation to the acquisition of the relevant premises or the acquisition of any land or object—
(a)references to acquisition by the Secretary of State are references to acquisition by him under section 5 of the Historic Buildings and Ancient Monuments Act 1953 (acquisition by him of buildings of historic or architectural interest); and
(b)references to acquisition by the Commission are references to acquisition by them under section 5A of that Act (acquisition by them of buildings of historic or architectural interest).
(5)A scheme established under subsection (2) above may also provide for conferring on the acquirer of the relevant premises—
(a)such rights of way over any land held by or in trust for the relevant charity as appear to the court to be necessary—
(i)for the purpose of the discharge of the acquirer’s functions in relation to those premises or to any land acquired under the scheme, or
(ii)for giving to the public reasonable access to those premises or to any such land, and
(b)so far as is necessary for the purpose of the discharge of such functions or the giving of such access, any rights of way enjoyed by persons attending services at those premises.
(6)The Charity Commissioners may, on the application of the acquirer of the relevant premises, by order establish a scheme under section 18 of the Charities Act 1960 (Commissioners’ concurrent jurisdiction with the High Court for certain purposes) making provision for the restoration of the relevant premises, or part of them, to use as a place of public worship.
(7)The Charity Commissioners may so establish any such scheme notwithstanding—
(a)anything in subsection (4) of section 18 of that Act, or
(b)that the relevant charity has ceased to exist;
and if the relevant charity has ceased to exist, any such scheme may provide for the constitution of a charity by or in trust for which the relevant premises are to be held on the restoration of those premises, or part of them, to use as a place of public worship.
(8)The Charity Commissioners shall have the same jurisdiction and powers in relation to the establishment of a scheme under subsection (2) above as they have under the provisions of section 18 of the Charities Act 1960 (except subsection (6)) in relation to the establishment of a scheme for the administration of a charity; and section 21 of that Act (publicity for proceedings under section 18, etc.) shall accordingly have effect in relation to the establishment of a scheme under subsection (2) above as it has effect in relation to the establishment of a scheme for the administration of a charity.
(9)In relation to the Commission—
(a)this section only applies to any premises falling within subsection (1) above if they are situated in England, and
(b)references in this section to land are references only to land situated in England.
(10)In relation to a prescribed charity, this section only applies to any premises falling within subsection (1) above if they constitute either—
(a)a listed building within the meaning of the Planning (Listed Buildings and Conservation Areas) Act 1990, or
(b)a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979.
(11)The Secretary of State may direct that any charity specified in the direction shall be a prescribed charity for the purposes of this section; and any direction under this subsection may be varied or revoked by a further direction given by the Secretary of State.
(12)References in this section to the acquirer of the relevant premises are references to the person or body acquiring those premises by virtue of a scheme established under subsection (2) above.
(13)In this section and section 5 below—
“the Commission” means the Historic Buildings and Monuments Commission for England;
“premises” includes a part of a building;
“prescribed charity” shall be construed by reference to subsection (11) above;
and sections 45 and 46 of the Charities Act 1960 (interpretation) shall have effect for the purposes of this section and section 5 below as they have effect for the purposes of that Act.”
2E+WFor section 5 of the 1969 Act substitute—
“5 Trusts for repair etc. of premises to continue after transfer under section 4.
(1)Where any premises to which section 4 of this Act applies are acquired by the Secretary of State, the Commission or a prescribed charity in pursuance of that section, any property of a charity whose purposes include—
(a)the repair and maintenance of those premises, or
(b)the provision of objects for keeping on those premises, or
(c)the maintenance of objects ordinarily kept there,
shall (subject to subsection (2) below) continue to be applicable for that purpose so long as the premises remain vested in the Secretary of State, the Commission or the prescribed charity, as the case may be.
(2)If so provided by the scheme under which the agreement for the acquisition of any such premises is made, subsection (1) above shall have effect in relation to the premises subject to and in accordance with any specified provisions of the scheme.
(3)Subsection (13) of section 4 of this Act has effect for the purposes of this section.”
Section 78(1).
SCHEDULE 6U.K. MINOR AND CONSEQUENTIAL AMENDMENTS
CLERGY PENSIONS MEASURE 1961 (No.3)E
1In section 33 (preservation of restrictions on certain transactions)—
(a)for “section twenty-nine of the Charities Act 1960” substitute “ section 32 of the Charities Act 1992 ”; and
(b)for “said Act” substitute “ Charities Act 1960 ”.
Commencement Information
I83Sch. 6 para. 1 wholly in force at 1.1.1993 see s. 79(2) and S.I. 1992/1900, art. 4(1), Sch. 3.
F272U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F27Sch. 6 para. 2 repealed (27.7.1999 with effect in relation to instruments executed on or after 6.2.2000) by 1999 c. 16, s. 139, Sch. 20 Pt. V(5) Notes 1, 2
CATHEDRALS MEASURE 1963 (No.2)E
3In section 20(2)(iii) (consents to disposal of land by cathedral bodies), for “section twenty-nine of the Charities Act 1960” substitute “ section 32 of the Charities Act 1992 ”.
Commencement Information
I84Sch. 6 para. 3 wholly in force at 1.1.1993 see s. 79(2) and S.I. 1992/1900, art. 4(1), Sch. 3.
LEASEHOLD REFORM ACT 1967 (c.88)E+W
4In section 23(4) (grant of new tenancy), for “section 29 of the Charities Act 1960” substitute “ section 32 of the Charities Act 1992 ”.
Commencement Information
I85Sch. 6 para. 4 wholly in force at 1.1.1993 see s. 79(2) and S.I. 1992/1900, art. 4(1), Sch. 3.
SHARING OF CHURCH BUILDINGS ACT 1969 (c.38)E+W
5In section 8(3) (shared buildings), for the words from the beginning to “Commissioners)” substitute “ Section 32 of the Charities Act 1992 (restrictions on dispositions of charity land) ”.
Commencement Information
I86Sch. 6 para. 5 wholly in force at 1.1.1993 see s. 79(2) and S.I. 1992/1900, art. 4(1), Sch. 3.
LOCAL GOVERNMENT ACT 1972 (c.70)E+W
6In section 131(3) (savings)—
(a)for the words from “section 29” to “property)” substitute “ section 32 of the Charities Act 1992 (restrictions on disposition of charity land) ”; and
(b)for “subsection (3)(a) of that section” substitute “ section 32(9)(a) of that Act ”.
Commencement Information
I87Sch. 6 para. 6 wholly in force at 1.1.1993 see s. 79(2) and S.I. 1992/1900, art. 4(1), Sch. 3.
FIRE PRECAUTIONS (LOANS) ACT 1973 (c.11)E+W+S
7In section 1(7) (loans to meet certain expenditure), for the words from the beginning to “property)” substitute “ Section 34 of the Charities Act 1992 (which restricts the charging of charity property) ”.
Commencement Information
I88Sch. 6 para. 7 wholly in force at 1.1.1993 see s. 79(2) and S.I. 1992/1900, art. 4(1), Sch. 3.
THEATRES TRUST ACT 1976 (c.27)E+W
8In section 2(2)(d) (powers of trustees), for “section 29 of the Charities Act 1960” substitute “ sections 32 and 34 of the Charities Act 1992 ”.
Commencement Information
I89Sch. 6 para. 8 wholly in force at 1.1.1993 see s. 79(2) and S.I. 1992/1900, art. 4(1), Sch. 3.
Prospective
LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 (c.30)E+W
F289. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F28Sch. 6 para. 9 repealed (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 9; S.I. 2007/309, art. 2, Sch.
CIVIC GOVERNMENT (SCOTLAND) ACT 1982 (c. 45)S
10In section 119(6)(d) (grounds for refusal of permission for public charitable collection in Scotland)—
(a)after “under”, where secondly occurring, insert “ this section or ”; and
(b)after “section”, where secondly occurring, insert “ or under Part III of the Charities Act 1992 or regulations made under section 73 of that Act ”.
Commencement Information
I90Sch. 6 para. 10 partly in force; Sch. 6 para. 10 not in force at Royal Assent see s. 79(2); Sch. 6 para. 10(a) in force at 1.9.1992 see S.I. 1992/1900, art. 2(1), Sch. 1.
COMPANIES ACT 1985 (c.6)E+W+S
11In each of the following provisions, namely—
(a)section 209(1)(c) (interests to be disregarded for purposes of general disclosure provisions), and
(b)paragraph 11(b) of Schedule 13 (interests to be disregarded for purposes of provisions relating to disclosure by directors etc.),
after “section 22” insert “ or 22A ”.
Commencement Information
I91Sch. 6 para. 11 wholly in force at 1.9.1992 see s. 79(2) and S.I. 1992/1900, art. 2(1), Sch. 1.
HOUSING ACT 1985 (c.68)E+W
12For paragraph 12 of Schedule 1 substitute—
“12A licence to occupy a dwelling-house is not a secure tenancy if—
(a)the dwelling-house is an almshouse, and
(b)the licence was granted by or on behalf of a charity which—
(i)is authorised under its trusts to maintain the dwelling-house as an almshouse, and
(ii)has no power under its trusts to grant a tenancy of the dwelling-house;
and in this paragraph “almshouse” means any premises maintained as an almshouse, whether they are called an almshouse or not; and “trusts”, in relation to a charity, means the provisions establishing it as a charity and regulating its purposes and administration, whether those provisions take effect by way of trust or not.”
Commencement Information
I92Sch. 6 para. 12 wholly in force at 1.9.1992 see s. 79(2) and S.I. 1992/1900, art. 2(1), Sch. 1.
HOUSING ASSOCIATIONS ACT 1985 (c.69)E+W+S
13(1)In section 10(1) (excepted dispositions), for “section 29 of the Charities Act 1960” substitute “ sections 32 and 34 of the Charities Act 1992 ”.
F29(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In section 35(2)(c) (power to transfer housing to local housing authority), for the words from “section” to “Commissioners)” substitute “ section 32 of the Charities Act 1992 (restrictions on dispositions of charity land) ”.
Textual Amendments
F29Sch. 6 para. 13(2) repealed (1.8.1993) by 1993 c. 10, s. 98(2), Sch.7
Commencement Information
I93Sch. 6 para. 13 partly in force; Sch. 6 para. 13 not in force at Royal Assent see s. 79(2); Sch. 6 para. 13(1)(3) in force at 1.1.1993 see S.I. 1992/1900, art. 4(1), Sch. 3.
FINANCIAL SERVICES ACT 1986 (c.60)U.K.
14In section 45(1)(j) (miscellaneous exemptions), after “section 22” insert “ or 22A ”.
Commencement Information
I94Sch. 6 para. 14 wholly in force at 1.9.1992 see s. 79(2) and S.I. 1992/1900, art. 2(1), Sch. 1.
COAL INDUSTRY ACT 1987 (c.3)E+W+S
15In section 5 (power of Commissioners to make schemes relating to coal industry trusts), for subsection (8) substitute—
“(8)Sections 18(3), (8), (10) to (12), 19(1) to (5) and (7) and 21 of the Charities Act 1960 shall apply in relation to the powers of the Charity Commissioners and the making of schemes under this section as they apply in relation to their powers and the making of schemes under that Act; and sections 40(1) to (4), 40A and 42 of that Act shall apply to orders and decisions under this section as they apply to orders and decisions under that Act.
(8A)The Commissioners shall not proceed under section 19 of that Act (as applied by subsection (8) above) without the like application, and the like notice to the trustees of the trust in question, as would be required if they were proceeding under subsection (1) above; but on any application made with a view to a scheme under subsection (1) above the Commissioners may proceed under that subsection or under section 19 of that Act (as so applied) as appears to them appropriate.”
Commencement Information
I95Sch. 6 para. 15 wholly in force at 1.9.1992 see s. 79(2) and S.I. 1992/1900, art. 2(1), Sch. 1.
REVERTER OF SITES ACT 1987 (c.15)E+W
16In section 4(4) (supplementary provisions), after “sections 40” insert “ ,40A ”.
Commencement Information
I96Sch. 6 para. 16 wholly in force at 1.9.1992 see s. 79(2) and S.I. 1992/1900, art. 2(1), Sch. 1.
INCOME AND CORPORATION TAXES ACT 1988 (c.1)U.K.
17After paragraph 3 of Schedule 20 (charities: qualifying investments and loans) insert—
“3A Any investment in a common deposit fund established under section 22A of the Charities Act 1960 or in any similar fund established for the exclusive benefit of charities by or under any enactment relating to any particular charities or class of charities.”
Commencement Information
I97Sch. 6 para. 17 wholly in force at 1.9.1992 see s. 79(2) and S.I. 1992/1900, art. 2(1), Sch. 1.
Section 78(2).
SCHEDULE 7U.K.Repeals
Extent Information
E2Schedule 7: extents of individual entries are in accordance with s. 76(6)
Commencement Information
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 1872 c.24. | Charitable Trustees Incorporation Act 1872. | In section 2, the words from “; and all” onwards. |
| In section 4, the words from “; and the appointment” onwards. | ||
| In section 5, the words from “; and nothing” onwards. | ||
| In section 7, the words from “; and there” onwards. | ||
| The Schedule. | ||
| 1916 c.31. | Police, Factories, &c. (Miscellaneous Provisions) Act 1916. | The whole Act. |
| 1939 c.44. | House to House Collections Act 1939. | The whole Act. |
| 1940 c.31. | War Charities Act 1940. | The whole Act. |
| 1948 c.29. | National Assistance Act 1948. | Section 41. |
| 1958 c.49. | Trading Representations (Disabled Persons) Act 1958. | Section 1(2)(b). |
| 1959 c.72. | Mental Health Act 1959. | Section 8(3). |
| 1960 c.58. | Charities Act 1960. | In section 4(6), the words from “and any person” onwards. |
| Section 6(6) and (9). | ||
| Section 7(4). | ||
| F30. . . | ||
| Section 16(2). | ||
| In section 19(6), the words “or the like reference from the Secretary of State”. | ||
| In section 22, subsection (6) and, in subsection (9), the words from “, and the” to “endowment” (where last occurring). | ||
| Section 27. | ||
| Section 29. | ||
| In section 30C(1)(c), the words “by or”. | ||
| Section 31. | ||
| Section 44. | ||
| In section 45(3), the words “Subject to subsection (9) of section twenty-two of this Act,”. | ||
| In section 46, the words “, subject to subsection (9) of section twenty-two of this Act,”. | ||
| In Schedule 1, in paragraph 1(3), the words “Subject to sub-paragraph (6) below,”. | ||
| In Schedule 6, the entry relating to the War Charities Act 1940. | ||
| 1966 c.42. | Local Government Act 1966. | In Schedule 3, in column 1 of Part II, paragraph 20. |
| 1968 c.60. | Theft Act 1968. | In Schedule 2, in Part III, the entry relating to the House to House Collections Act 1939. |
| 1970 c.42. | Local Authority Social Services Act 1970. | In Schedule 1, the entry relating to section 41 of the National Assistance Act 1948. |
| 1972 c.70. | Local Government Act 1972. | Section 210(8). |
| In Schedule 29, paragraphs 22 and 23. | ||
| 1983 c.41. | Health and Social Services and Social Security Adjudications Act 1983. | Section 30(3). |
| 1983 c.47. | National Heritage Act 1983. | In Schedule 4, paragraphs 13 and 14. |
| 1985 c.9. | Companies Consolidation (Consequential Provisions) Act 1985. | In Schedule 2, the entry relating to section 30(1) of the Charities Act 1960. |
| 1985 c.20. | F30. . . | F30. . . |
| 1986 c.41. | Finance Act 1986. | Section 33. |
Textual Amendments
F30Sch. 7: entries relating to 1960 c. 58, s. 8 and (so far as not in force at 1.8.1993) 1985 c. 20 repealed (1.8.1993) by 1993 c. 10, s. 98(2), Sch.7