Charities Act 2006

Schedule 9: savings on repeal of provisions of Charities Act 1960

26 (1) Despite the repeal by this Act of section 48(6) of the Charities Act 1960 (c. 58), the official custodian for charities is to continue to be treated as the successor for all purposes both of the official trustee of charity lands and of the official trustees of charitable funds as if—

(a) the functions of the official trustee or trustees had been functions of the official custodian, and

(b) as if the official trustee or trustees had been, and had discharged his or their functions as, holder of the office of the official custodian.

(2) Despite the repeal of section 48(6) (and without affecting the generality of sub-paragraph (1))—

(a) any property which immediately before the commencement of that repeal was, by virtue of section 48(6), held by the official custodian as if vested in him under section 21 of the 1993 Act continues to be so held, and

(b) any enactment or document referring to the official trustee or trustees mentioned above continues to have effect, so far as the context permits, as if the official custodian had been mentioned instead.