Charities Act 1993 (repealed)

1. Introductory Text

2. Part I The Charity Commission and the Official Custodian for Charities

   1. 1. The Charity Commisioners.

   2. 1A. The Charity Commission

   3. 1B. The Commission's objectives

   4. 1C. The Commission's general functions

   5. 1D. The Commission's general duties

   6. 1E. The Commission's incidental powers

   7. 2. The official custodian for charities.

3. Part 1A The ... Tribunal

   1. 2A. The ...Tribunal

   2. 2B. Practice and procedure

   3. 2C. Appeal from Tribunal

   4. 2D. Intervention by Attorney General

4. Part II Registration and Names of Charities

   1. Registration of charities

      1. 3. Register of charities

      2. 3A. Registration of charities

      3. 3B. Duties of trustees in connection with registration

      4. 4. Effect of, and claims and objections to, registration.

      5. 5. Status of registered charity (other than small charity) to appear on official publications etc.

   2. Charity names

      1. 6. Power of Commission to require charity’s name to be changed.

      2. 7. Effect of direction under s. 6 where charity is a company.

5. Part III Information Powers

   1. 8. General power to institute inquiries.

   2. 9. Power to call for documents and search records.

   3. 10. Disclosure of information to Commission

   4. 10A. Disclosure of information by Commission

   5. 10B. Disclosure to and by principal regulators of exempt charities

   6. 10C. Disclosure of information: supplementary

   7. 11. Supply of false or misleading information to Commission , etc.

   8. 12.

6. Part IV Application of Property Cy-près and Assistance and Supervision of Charities by Court and Commission

   1. Extended powers of court and variation of charters

      1. 13. Occasions for applying property cy-près.

      2. 14. Application cy-près of gifts of donors unknown or disclaiming.

      3. 14A. Application cy-près of gifts made in response to certain solicitations

      4. 14B. Cy-près schemes

      5. 15. Charities governed by charter, or by or under statute.

   2. Powers of Commission to make schemes and act for protection of charities et ceteralaetc.

      1. 16. Concurrent jurisdiction with High Court for certain purposes.

      2. 17. Further powers to make schemes or alter application of charitable property.

      3. 18. Power to act for protection of charities.

      4. 18A. Power to suspend or remove trustees etc. from membership of charity

      5. 19. Supplementary provisions relating to interim manager appointed for a charity.

      6. 19A. Power to give specific directions for protection of charity

      7. 19B. Power to direct application of charity property

      8. 19C. Copy of order under section 18, 18A, 19A or 19B, and Commission's reasons, to be sent to charity

      9. 20. Publicity relating to schemes

      10. 20A. Publicity for orders relating to trustees or other individuals

   3. Property vested in official custodian

      1. 21. Entrusting charity property to official custodian, and termination of trust.

      2. 22. Supplementary provisions as to property vested in official custodian.

      3. 23. Divestment in the case of land subject to Reverter of Sites Act 1987.

   4. Establishment of common investment or deposit funds

      1. 24. Schemes to establish common investment funds.

      2. 25. Schemes to establish common deposit funds.

      3. 25A. Meaning of “Scottish recognised body” and “Northern Ireland charity” in sections 24 and 25

   5. Additional powers of Commission

      1. 26. Power to authorise dealings with charity property etc.

      2. 27. Power to authorise ex gratia payments etc.

      3. 28. Power to give directions about dormant bank accounts of charities.

      4. 29. Power to give advice and guidance

      5. 29A. Power to determine membership of charity

      6. 30. Powers for preservation of charity documents.

      7. 31. Power to order taxation of solicitor’s bill.

      8. 31A. Power to enter premises

   6. Legal proceedings relating to charities

      1. 32. Proceedings by Commission

      2. 33. Proceedings by other persons.

      3. 34. Report of s. 8 inquiry to be evidence in certain proceedings.

   7. Meaning of “trust corporation”

      1. 35. Application of provisions to trust corporations appointed under s. 16 or 18.

7. Part V Charity Land

   1. 36. Restrictions on dispositions.

   2. 37. Supplementary provisions relating to dispositions.

   3. 38. Restrictions on mortgaging.

   4. 39. Supplementary provisions relating to mortgaging.

   5. 40. Release of charity rentcharges.

8. Part VI Charity Accounts, Reports and Returns

   1. 41. Duty to keep accounting records.

   2. 42. Annual statements of accounts.

   3. 43. Annual audit or examination of charity accounts.

   4. 43A. Annual audit or examination of English National Health Service charity accounts

   5. 43B. Annual audit or examination of Welsh National Health Service charity accounts

   6. 44. Supplementary provisions relating to audits etc.

   7. 44A. Duty of auditors etc. to report matters to Commission

   8. 45. Annual reports.

   9. 46. Special provision as respects accounts and annual reports of exempt and other excepted charities.

   10. 47. Public inspection of annual reports etc.

   11. 48. Annual returns by registered charities.

   12. 49. Offences

   13. 49A. Group accounts

9. Part VII Incorporation of Charity Trustees

   1. 50. Incorporation of trustees of a charity.

   2. 51. Estate to vest in body corporate.

   3. 52. Applications for incorporation.

   4. 53. Nomination of trustees, and filling up vacancies.

   5. 54. Liability of trustees and others, notwithstanding incorporation.

   6. 55. Certificate to be evidence of compliance with requirements for incorporation.

   7. 56. Power of Commission to amend certificate of incorporation.

   8. 57. Records of applications and certificates.

   9. 58. Enforcement of orders and directions.

   10. 59. Gifts to charity before incorporation to have same effect afterwards.

   11. 60. Execution of documents by incorporated body.

   12. 61. Power of Commission to dissolve incorporated body.

   13. 62. Interpretation of Part VII.

10. Part VIII Charitable Companies

    1. 63. Winding up.

    2. 64. Alteration of objects....

    3. 65. Invalidity of certain transactions.

    4. 66. Consent of Commission required for approval etc by members of charitable companies

    5. 66A. Consent of Commission required for certain acts of charitable company

    6. 67. Name to appear on correspondence etc.

    7. 68. Requirement to disclose charitable status

    8. 68ZA. Civil consequences of failure to make required disclosure

    9. 68ZB. Criminal consequences of failure to make required disclosure

    10. 68A. Duty of charity’s auditors etc. to report matters to Commission

    11. 69. Investigation of accounts.

11. Part 8A Charitable incorporated organisations

    1. Nature and constitution

       1. 69A. Charitable incorporated organisations

       2. 69B. Constitution

       3. 69C. Name and status

       4. 69CA. Civil consequences of failure to disclose name and status

       5. 69D. Offences connected with name and status

    2. Registration

       1. 69E. Application for registration

       2. 69F. Effect of registration

    3. Conversion, amalgamation and transfer

       1. 69G. Conversion of charitable company or registered industrial and provident society

       2. 69H. Conversion: consideration of application

       3. 69I. Conversion: supplementary

       4. 69J. Conversion of community interest company

       5. 69K. Amalgamation of CIOs

       6. 69L. Amalgamation: supplementary

       7. 69M. Transfer of CIO's undertaking

    4. Winding up, insolvency and dissolution

       1. 69N. Regulations about winding up, insolvency and dissolution

    5. Miscellaneous

       1. 69O. Power to transfer all property of unincorporated charity to one or more CIOs

       2. 69P. Further provision about CIOs

       3. 69Q. Regulations

12. Part IX Miscellaneous

    1. Powers of investment

       1. 70. Relaxation of restrictions on wider-range investments.

       2. 71. Extension of powers of investment.

    2. Charity trustees

       1. 72. Persons disqualified for being trustees of a charity.

       2. 73. Person acting as charity trustee while disqualified.

       3. 73A. Remuneration of trustees etc. providing services to charity

       4. 73B. Supplementary provisions for purposes of section 73A

       5. 73C. Disqualification of trustee receiving remuneration under section 73A

       6. 73D. Power to relieve trustees, auditors etc. from liability for breach of trust or duty

       7. 73E. Court's power to grant relief to apply to all auditors etc. of charities which are not companies

       8. 73F. Trustees' indemnity insurance

    3. Miscellaneous powers o charities

       1. 74. Power to transfer all property of unincorporated charity

       2. 74A. Resolution not to take effect or to take effect at later date

       3. 74B. Transfer where charity has permanent endowment

       4. 74C. Power to replace purposes of unincorporated charity

       5. 74D. Power to modify powers or procedures of unincorporated charity

       6. 75. Power of unincorporated charities to spend capital: general

       7. 75A. Power of larger unincorporated charities to spend capital given for particular purpose

       8. 75B. Power to spend capital subject to special trusts

    4. Mergers

       1. 75C. Register of charity mergers

       2. 75D. Register of charity mergers: supplementary

       3. 75E. Pre-merger vesting declarations

       4. 75F. Effect of registering charity merger on gifts to transferor

    5. Local charities

       1. 76. Local authority’s index of local charities.

       2. 77. Reviews of local charities by local authority.

       3. 78. Co-operation between charities, and between charities and local authorities.

       4. 79. Parochial charities.

    6. Scottish charities

       1. 80. Supervision by Commission of certain Scottish charities.

    7. Administrative provisions about charities

       1. 81. Manner of giving notice of charity meetings, etc.

       2. 82. Manner of executing instruments.

       3. 83. Transfer and evidence of title to property vested in trustees.

13. Part X Supplementary

    1. 84. Supply by Commission of copies of documents open to public inspection.

    2. 85. Fees and other amounts payable to Commission

    3. 86. Regulations and orders.

    4. 86A. Consultation by Commission before exercising powers in relation to exempt charity

    5. 87. Enforcement of requirements by order of Commission .

    6. 88. Enforcement of orders of Commission

    7. 89. Other provisions as to orders of Commission

    8. 90. Directions of the Commission

    9. 91. Service of orders and directions.

    10. 92. Appeals from Commissioners.

    11. 93. Miscellaneous provisions as to evidence.

    12. 94. Restriction on institution of proceedings for certain offences.

    13. 95. Offences by bodies corporate.

    14. 96. Construction of references to a “charity” or to particular classes of charity.

    15. 97. General interpretation.

    16. 98. Consequential amendments and repeals.

    17. 99. Commencement and transitional provisions.

    18. 100. Short title and extent.

14. SCHEDULES

    1. SCHEDULE 1

       Constitution etc. of Charity Commissioners

       1. 1. Constitution of Charity Commissioners

       2. 2. Constitution of Charity Commissioners

       3. 3. Constitution of Charity Commissioners

       4. 4. Constitution of Charity Commissioners

    2. SCHEDULE 1A

       The Charity Commission

       1. Membership

          1. 1. (1) The Commission shall consist of a chairman and at...

       2. Terms of appointment and remuneration

          1. 2. The members of the Commission shall hold and vacate office...

          2. 3. (1) An appointment of a person to hold office as...

          3. 4. (1) The Commission shall pay to its members such remuneration,...

       3. Staff

          1. 5. (1) The Commission— (a) shall appoint a chief executive, and...

       4. Committees

          1. 6. (1) The Commission may establish committees and any committee of...

       5. Procedure etc.

          1. 7. (1) The Commission may regulate its own procedure (including quorum)....

       6. Performance of functions

          1. 8. Anything authorised or required to be done by the Commission...

       7. Evidence

          1. 9. The Documentary Evidence Act 1868 shall have effect as if—...

       8. Execution of documents

          1. 10. (1) A document is executed by the Commission by the...

       9. Annual report

          1. 11. (1) As soon as practicable after the end of each...

       10. Annual public meeting

           1. 12. (1) The Commission shall hold a public meeting (“the annual...

    3. SCHEDULE 1B

       The Charity Tribunal

       1. 1. Membership

       2. 2. Deputy President

       3. 3. Terms of appointment

       4. 4. Retirement etc.

       5. 5. Remuneration etc.

       6. 6. Staff and facilities

       7. 7. Panels

       8. 8. (1) The President shall make arrangements for determining which of...

       9. 9. Practice and procedure

       10. 10. The President may, subject to rules under section 2B of...

    4. SCHEDULE 1C

       Appeals and applications to ... Tribunal

       1. Appeals: general

          1. 1. (1) Except in the case of a reviewable matter (see...

       2. Appeals: orders under section 9

          1. 2. (1) Paragraph 1(4)(a) above does not apply in relation to...

       3. Reviewable matters

          1. 3. (1) In this Schedule references to “reviewable matters” are to—...

       4. Reviews

          1. 4. (1) An application may be made to the Tribunal for...

       5. Interpretation: remission of matters to Commission

          1. 5. References in column 3 of the Table to the power...

       6. Power to amend Table etc.

          1. 6. (1) The Minister may by order— (a) amend or otherwise...

          2. 7. Paragraph 6 above applies (with the necessary modifications) in relation...

    5. SCHEDULE 1D

       References to ... Tribunal

       1. References by Commission

          1. 1. (1) A question which— (a) has arisen in connection with...

       2. References by Attorney General

          1. 2. (1) A question which involves either— (a) the operation of...

       3. Powers of Commission in relation to matters referred to Tribunal

          1. 3. (1) This paragraph applies where a question which involves the...

       4. Suspension of time limits while reference in progress

          1. 4. (1) Sub-paragraph (2) below applies if— (a) paragraph 3(2) above...

       5. Agreement for Commission to act while reference in progress

          1. 5. (1) Paragraph 3(2) above does not apply in relation to...

       6. Appeals and applications in respect of matters determined on references

          1. 6. (1) No appeal or application may be made to the...

       7. Interpretation

          1. 7. (1) In this Schedule— “ charity law ” means— any...

    6. SCHEDULE 2

       Exempt Charities

       2. 1.

       3. 1A. Paragraph (c) above does not include— (a) any college in...

       4. 2. Paragraph (w) above does not include any students' union.

       5. 2.

    7. SCHEDULE 3

       Enlargement of Areas of Local Charities

    8. SCHEDULE 4

       Court’s Jurisdiction over Certain Charities Governed by or under Statute

       1. 1. The court may by virtue of section 15(3) of this...

       2. 2. Notwithstanding anything in section 19 of the Commons Act 1876...

    9. SCHEDULE 5

       Meaning of “connected person” for purposes of section 36(2)

       1. 1. (1) In section 36(2) of this Act “ connected person...

       2. 2. (1) In paragraph 1(2)(c) above “child” includes a stepchild and...

       3. 3. For the purposes of paragraph 1(2)(f) above a person controls...

       4. 4. (1) For the purposes of paragraph 1(2)(g) above any such...

    10. SCHEDULE 5A

        Group Accounts

        1. Interpretation

           1. 1. (1) This paragraph applies for the purposes of this Schedule....

        2. Accounting records

           1. 2. (1) The charity trustees— (a) of a parent charity, or...

        3. Preparation of group accounts

           1. 3. (1) This paragraph applies in relation to a financial year...

        4. Exceptions relating to requirement to prepare group accounts

           1. 4. (1) The requirement in paragraph 3(2) does not apply to...

        5. Preservation of group accounts

           1. 5. (1) The charity trustees of a charity shall preserve any...

        6. Audit of accounts of larger groups

           1. 6. (1) This paragraph applies where group accounts are prepared for...

        7. Examination of accounts of smaller groups

           1. 7. (1) This paragraph applies where— (a) group accounts are prepared...

        8. Supplementary provisions relating to audits etc.

           1. 8. (1) Section 44(1) of this Act shall apply in relation...

        9. Duty of auditors etc. to report matters to Commission

           1. 9. (1) Section 44A(2) to (5) and (7) of this Act...

        10. Annual reports

            1. 10. (1) This paragraph applies where group accounts are prepared for...

        11. Excepted charities

            1. 11. (1) This paragraph applies where— (a) a charity is required...

        12. Exempt charities

            1. 12. Nothing in the preceding provisions of this Schedule applies to...

        13. Public inspection of annual reports etc.

            1. 13. In section 47(2) of this Act, the reference to a...

        14. Offences

            1. 14. (1) Section 49(1) of this Act applies in relation to...

        15. Aggregate gross income

            1. 15. The Minister may by regulations make provision for determining for...

    11. SCHEDULE 5B

        Further provision about Charitable Incorporated Organisations

        1. Powers

           1. 1. (1) Subject to anything in its constitution, a CIO has...

        2. Constitutional requirements

           1. 2. A CIO shall use and apply its property in furtherance...

           2. 3. If the CIO is one whose members are liable to...

           3. 4. Money payable by a member to the CIO under the...

        3. Third parties

           1. 5. (1) Sub-paragraphs (2) and (3) are subject to sub-paragraph (4)....

           2. 6. (1) Nothing in paragraph 5 prevents a person from bringing...

           3. 7. Nothing in paragraph 5(3) affects any liability incurred by the...

           4. 8. Nothing in paragraph 5 absolves the CIO 's charity trustees...

        4. Duties

           1. 9. It is the duty of— (a) each member of a...

           2. 10. (1) Subject to any provision of a CIO 's constitution...

        5. Personal benefit and payments

           1. 11. (1) A charity trustee of a CIO may not benefit...

           2. 12. A charity trustee of a CIO —

        6. Procedure

           1. 13. (1) The Minister may by regulations make provision about the...

        7. Amendment of constitution

           1. 14. (1) A CIO may by resolution of its members amend...

        8. Registration and coming into effect of amendments

           1. 15. (1) A CIO shall send to the Commission a copy...

    12. SCHEDULE 6

        Consequential Amendments

        1. The Places of Worship Registration Act 1855 (c.81)

           1. 1. (1) Section 9 of the Places of Worship Registration Act...

        2. The Open Spaces Act 1906 (c.25)

           1. 2. At the end of section 4 of the Open Spaces...

        3. The New Parishes Measure 1943 (NumberNo. 1)

           1. 3. (1) The New Parishes Measure 1943 shall be amended as...

        4. The Clergy Pensions Measure 1961 (NumberNo. 3)

           1. 4. In section 33 of the Clergy Pensions Measure 1961 for...

        5. The Finance Act 1963 (c.25)

           1. 5. Consequential Amendments

        6. The Cathedrals Measure 1963 (NumberNo. 2)

           1. 6. (1) The Cathedrals Measure 1963 shall be amended as follows....

        7. The Incumbents and Churchwardens (Trusts) Measure 1964 (No.2)

           1. 7. In section 1 of the Incumbents and Churchwardens (Trusts) Measure...

        8. The Leasehold Reform Act 1967 (c.88)

           1. 8. In section 23(4) of the Leasehold Reform Act 1967 for...

        9. The Greater London Council (General Powers) Act 1968 (c.xxxix)

           1. 9. In section 43 of the Greater London Council(General Powers) Act...

        10. The Redundant Churches and other Religious Buildings Act 1969 (c.22)

            1. 10. (1) The Redundant Churches and other Religious Buildings Act 1969...

        11. The Sharing of Church Buildings Act 1969 (c.38)

            1. 11. (1) The Sharing of Church Buildings Act 1969 shall be...

        12. The Local Government Act 1972 (c.70)

            1. 12. (1) The Local Government Act 1972 shall be amended as...

        13. The Fire Precautions (Loans) Act 1973 (c.11)

            1. 13. In section 1(7) of the Fire Precautions (Loans) Act 1973...

        14. The Theatres Trust Act 1976 (c.27)

            1. 14. In section 2(2)(d) of the Theatres Trust Act 1976 for...

        15. The Interpretation Act 1978 (c.30)

            1. 15. In Schedule 1 to the Interpretation Act 1978, in the...

        16. The Reserve Forces Act 1980 (c.9)

            1. 16. Consequential Amendments

        17. The Disused Burial Grounds (Amendment) Act 1981 (c.18)

            1. 17. In section 6 of the Disused Burial Grounds (Amendment) Act...

        18. The Pastoral Measure 1983 (NumberNo. 1)

            1. 18. (1) The Pastoral Measure 1983 shall be amended as follows....

        19. The Rates Act 1984 (c.33)

            1. 19. In section 3(9) of the Rates Act 1984 for “section...

        20. The Companies Act 1985 (c.6)

            1. 20. (1) The Companies Act 1985 shall be amended as follows....

        21. The Housing Associations Act 1985 (c.69)

            1. 21. (1) The Housing Associations Act 1985 shall be amended as...

        22. The Financial Services Act 1986 (c.60)

            1. 22. In section 45(1)(j) of the Financial Services Act 1986 after...

        23. The Coal Industry Act 1987 (c.3)

            1. 23. (1) In section 5 of the Coal Industry Act 1987...

        24. The Reverter of Sites Act 1987 (c.15)

            1. 24. In section 4(4) of the Reverter of Sites Act 1987...

        25. The Income and Corporation Taxes Act 1988 (c.1)

            1. 25. In Schedule 20 to the Income and Corporation Taxes Act...

        26. The Courts and Legal Services Act 1990 (c.41)

            1. 26. In Schedule 11 to the Courts and Legal Services Act...

        27. The London Local Authorities Act 1990 (c.vii)

            1. 27. Consequential Amendments

        28. The London Local Authorities Act 1991 (c.xiii)

            1. 28. In section 4 of the London Local Authorities Act 1991,...

        29. The Charities Act 1992 (c.41)

            1. 29. (1) The Charities Act 1992 shall be amended as follows....

        30. Other amendments

            1. 30. In the following provisions for “the Charities Act 1960” there...

    13. SCHEDULE 7

        Repeals

    14. SCHEDULE 8

        Transitional Provisions

        1. Part I Provisions Applying Pending Coming Into Force of Part VI etc.

           1. 1. Transitional Provisions

           2. 2. Transitional Provisions

        2. Part II Provisions Applying Pending Coming Into Force of “Financial Year” Regulations

           1. Section 5

           2. Sections 74 and 75

    15. TABLE OF DERIVATIONS