The Charities Act 2006 (Commencement No. 4, Transitional Provisions and Savings) Order 2008

Citation and interpretation

1.—(1) This Order may be cited as the Charities Act 2006 (Commencement No. 4, Transitional Provisions and Savings) Order 2008.

(2) In this Order—

“the 2006 Act” means the Charities Act 2006;

“the Commission” means the Charity Commission;

“financial year” has the same meaning as in the 1993 Act(1);

“miners’ welfare trusts” means trusts to which section 2 of the Recreational Charities Act 1958(2) applies immediately before 1st April 2009;

“the status provisions” means—

(a)

sections 1 to 3 and 5(2) of the 2006 Act; and

(b)

section 5(1) of the 2006 Act in so far as it relates to section 5(2) of that Act.

Commencement

2.  Subject to articles 4 to 9, the day appointed for the commencement of the provisions of the 2006 Act specified in Column 1 of Schedule 1 is 1st April 2008 except—

(a) where a particular purpose is specified in Column 3 of that Schedule in relation to any such provision, the relevant provision comes into force on that date for that particular purpose only;

(b) where any other limitation is specified in Column 3 of that Schedule in relation to any such provision, the relevant provision comes into force on that date subject to the specified limitation.

3.  Subject to articles 10 and 11, the day appointed for the commencement of the provisions of the 2006 Act specified in Column 1 of Schedule 2 is 1st April 2009 except—

(a) where a particular purpose is specified in Column 3 of that Schedule in relation to any such provision, the relevant provision comes into force on that date for that particular purpose only;

(b) where any other limitation is specified in Column 3 of that Schedule in relation to any such provision, the relevant provision comes into force on that date subject to the specified limitation.

Transitional provisions and savings in respect of provisions of the 2006 Act commenced on 1st April 2008

4.  The commencement of the status provisions by this Order—

(a) does not affect—

(i) any proceedings brought in the court or to the Charity Tribunal in respect of any decision, order or direction made or any other matter arising before 1st April 2008;

(ii) any order made or judgment given in any proceedings mentioned in paragraph (i) whether that order is made or judgment given before or after 1st April 2008;

(b) does not affect the validity of anything done before 1st April 2008 on the basis that an institution was or was not, as the case may be, a charity;

(c) does not require anything to be treated as charitable at any time before 1st April 2008 that was not charitable before that date;

(d) does not require anything to be treated as not being charitable at any time before 1st April 2008 that was charitable before that date.

5.  Where an institution ceases to be a charity on 1st April 2008 as a consequence of the commencement of any of the status provisions by this Order, section 4 of the 1993 Act does not apply to that institution during the period beginning on 1st April 2008 and ending on the date on which it is removed from the register of charities by the Commission.

6.  Section 4(6) of the 2006 Act does not apply in relation to the exercise of a power or duty by a charity trustee of a charity—

(a) on or after 1st April 2008; and

(b) in respect of a financial year of the charity beginning before that date.

7.  The amendment made by paragraph 133(2) of Schedule 8 to the 2006 Act (amendment of section 42 of the 1993 Act) applies only in relation to regulations made by the Minister under section 42 of the 1993 Act in respect of a financial year of a charity beginning on or after 1st April 2008.

8.  The amendment made by paragraph 139(6) of Schedule 8 to the 2006 Act (amendment of section 46 of the 1993 Act) applies only in relation to a report required to be prepared under section 46(5) of the 1993 Act in respect of a financial year of a charity beginning on or after 1st April 2008.

9.  Despite the repeal of Part 1 of the 1992 Act by Schedule 9 to the 2006 Act, no vesting or transfer of property in pursuance of any provision of that Part of the 1992 Act, or of any provision of the Charities Act 1960 as amended by that Part, before 1st April 2008 operates as a breach of covenant or condition against alienation or gives rise to a forfeiture.

Transitional provisions and savings in respect of provisions of the 2006 Act commenced on 1st April 2009

10.—(1) The commencement of section 5(3) of the 2006 Act by this Order—

(a) does not affect—

(i) any proceedings brought in the court or to the Charity Tribunal in respect of any decision, order or direction made or any other matter arising before 1st April 2009;

(ii) any order made or judgment given in any proceedings mentioned in paragraph (i) whether that order is made or judgment given before or after 1st April 2009;

(b) does not affect the validity of anything done before 1st April 2009 on the basis that miners’ welfare trusts were charitable;

(c) does not require any miners’ welfare trusts to be treated as not being charitable at any time before 1st April 2009.

(2) Where miners’ welfare trusts cease to be charitable on 1st April 2009 as a consequence of the commencement of section 5(3) of the 2006 Act by this Order, section 4 of the 1993 Act does not apply to those trusts during the period beginning on 1st April 2009 and ending on the date on which the trusts are removed from the register of charities by the Commission.

11.—(1) The commencement of section 5(4) of the 2006 Act by this Order—

(a) does not affect—

(i) any proceedings brought in the court or to the Charity Tribunal in respect of any decision, order or direction made or any other matter arising before 1st April 2009;

(ii) any order made or judgment given in any proceedings mentioned in paragraph (i) whether that order is made or judgment given before or after 1st April 2009;

(b) does not affect the validity of anything done before 1st April 2009 on the basis that a registered sports club was or was not, as the case may be, a charity;

(c) does not require any registered sports club established for charitable purposes to be treated as not being so established at any time before 1st April 2009.

(2) Where a registered sports club ceases to be a charity on 1st April 2009 as a consequence of the commencement of section 5(4) of the 2006 Act by this Order, section 4 of the 1993 Act does not apply to that club during the period beginning on 1st April 2009 and ending on the date on which it is removed from the register of charities by the Commission.

Phil Hope

Parliamentary Secretary

Cabinet Office

31st March 2008