Sections 3 and 96.
SCHEDULE 2E+W Exempt Charities
Modifications etc. (not altering text)
C1Sch. 2 applied (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I
Sch. 2 applied (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt. I
C2Sch. 2 power to amend conferred (27.2.2007) by Charities Act 2006 (c. 50), ss. 11(11)(12), 79(2); S.I. 2007/309, art. 2, Sch.
E+W
The following institutions, so far as they are charities, are exempt charities within the meaning of this Act, that is to say—
(a)any institution which, if the M1Charities Act 1960 had not been passed, would be exempted from the powers and jurisdiction, under the Charitable Trusts Acts 1853 to 1939, of the Commissioners or Minister of Education (apart from any power of the Commissioners or Minister to apply those Acts in whole or in part to charities otherwise exempt) by the terms of any enactment not contained in those Acts other than section 9 of the M2Places of Worship Registration Act 1855;
[F1(b)the universities of Oxford, Cambridge, London, Durham, Newcastle and Manchester, and King’s College London and Queen Mary and Westfield College in the University of London;]
[F2(c)any of the following if Her Majesty declares it by Order in Council to be an exempt charity for the purposes of this Act—
(i)a university in England;
(ii)a university college in England; or
(iii)an institution which is connected with a university in England or a university college in England;
(but see Note 1A);]
F3(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4[(da)theQualifications and Curriculum Authority;]
F5(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6[(f)the Qualifications, Curriculum and Assessment Authority for Wales;]
F5(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F7(h)[F8an English higher] education corporation;]
[F9(i)a successor company to a higher education corporation (within the meaning of subsection (5) of section 129 of the Education Reform Act 1988) at a time when the institution conducted by the company is eligible, by virtue of an order made under that section, to receive support from funds administered by the Higher Education Funding Council for England;]
[F10(j)a further education corporation;]
(k)the Board of Trustees of the Victoria and Albert Museum;
(l)the Board of Trustees of the Science Museum;
(m)the Board of Trustees of the Armouries;
(n)the Board of Trustees of the Royal Botanic Gardens, Kew;
(o)the Board of Trustees of the National Museums and Galleries on Merseyside;
(p)the trustees of the British Museum and the trustees of the Natural History Museum;
(q)the Board of Trustees of the National Gallery;
(r)the Board of Trustees of the Tate Gallery ;
(s)the Board of Trustees of the National Portrait Gallery;
(t)the Board of Trustees of the Wallace Collection;
(u)the Trustees of the Imperial War Museum;
(v)the Trustees of the National Maritime Museum;
(w)any institution which is administered by or on behalf of an institution included above and is established for the general purposes of, or for any special purpose of or in connection with, the last-mentioned institution;
(x)the Church Commissioners and any institution which is administered by them;
[F11(xa)any registered society within the meaning of the Industrial and Provident Societies Act 1965 which is also a non-profit registered provider of social housing,]
(y)any registered society within the meaning of the M3Industrial and Provident Societies Act 1965 and any registered society or branch within the meaning of the M4Friendly Societies Act 1974;
F12(z). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(za)the British Library Board [F13and any institution which is administered by or on behalf of the Board and is established for the general purposes of, or for any special purpose of or in connection with, the Board].
F14[(zb)the National Lottery Charities Board.]
Textual Amendments
F1Sch. 2(b) substituted (1.6.2010 immediately after 2006 c. 50, s. 11(3) comes into force, see S.I. 2010/503, art. 2, Sch. 1) by The Charities Act 2006 (Changes in Exempt Charities) Order 2010 (S.I. 2010/500), arts. 1, 2(2) (with Sch. 2)
F2Sch. 2(c) substituted (1.6.2010 immediately after 2006 c. 50, s. 11(3) comes into force, see S.I. 2010/503, art. 2, Sch. 1) by The Charities Act 2006 (Changes in Exempt Charities) Order 2010 (S.I. 2010/500), arts. 1, 2(3) (with Sch. 2)
F3Sch. 2 para. (d) repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F4Sch. 2 para. (da) substituted (1.10.1997) by 1997 c. 44, s. 57(1), Sch. 7 para. 7(a); S.I. 1997/1468, art. 2(3), Sch. 1 Pt. III (with Sch. 2 Pt. II para. 5)
F5Sch. 2 paras. (e)(g) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I, Sch. 39 (with s. 1(4), Sch. 39)
F6Sch. 2 para. (f) substituted (1.10.1997) by 1997 c. 44, s. 57(1), Sch. 7 para. 7(b); S.I. 1997/1468, art. 2(3), Sch. 1 Pt. II
F7Sch. 2 para. (h) inserted (31.1.2009) by Charities Act 2006 (c. 50), ss. 11(4), 79(2); S.I. 2008/3267, art. 2, Sch. (with arts. 3-27) (as amended: (29.9.2009) by S.I. 2009/2648, art. 3; (26.7.2010) by S.I. 2010/1942, art. 2; and (1.8.2011) by S.I. 2011/1725, arts. 1(2), 3, Sch. para. 6)
F8Words in Sch. 2(h) substituted (1.6.2010 immediately after 2006 c. 50, s. 11(3) comes into force, see S.I. 2010/503, art. 2, Sch. 1) by The Charities Act 2006 (Changes in Exempt Charities) Order 2010 (S.I. 2010/500), arts. 1, 2(4) (with Sch. 2)
F9Sch. 2(i) substituted (1.6.2010 immediately after 2006 c. 50, s. 11(3) comes into force, see S.I. 2010/503, art. 2, Sch. 1) by The Charities Act 2006 (Changes in Exempt Charities) Order 2010 (S.I. 2010/500), arts. 1, 2(5) (with Sch. 2)
F10Sch. 2 para. (j) inserted (31.1.2009) by Charities Act 2006 (c. 50), ss. 11(5), 79(2); S.I. 2008/3267, art. 2, Sch. (with arts. 3-27) (as amended: (29.9.2009) by S.I. 2009/2648, art. 3; (26.7.2010) by S.I. 2010/1942, art. 2; and (1.8.2011) by S.I. 2011/1725, arts. 1(2), 3, Sch. para. 6)
F11Sch. 2 para. (xa) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 78 (with art. 6, Sch. 3)
F12Sch. 2(z) omitted (1.6.2010 immediately after 2006 c. 50, s. 11(3) comes into force, see S.I. 2010/503, art. 2, Sch. 1) by virtue of The Charities Act 2006 (Changes in Exempt Charities) Order 2010 (S.I. 2010/500), arts. 1, 2(6) (with Sch. 2)
F13Words in Sch. 2(za) inserted (1.6.2010 immediately after 2006 c. 50, s. 11(3) comes into force, see S.I. 2010/503, art. 2, Sch. 1) by The Charities Act 2006 (Changes in Exempt Charities) Order 2010 (S.I. 2010/500), arts. 1, 2(7) (with Sch. 2)
F14Sch. 2 para. (zb) inserted (21.12.1993) by 1993 c. 39, s. 37, Sch. 5 para. 12; S.I. 1993/2632, art. 3
Marginal Citations
[F15Notes
Textual Amendments
F15Sch. 2 Notes inserted (1.6.2010 for specified purposes) by Charities Act 2006 (c. 50), ss. 11(9), 79(2); S.I. 2010/503, art. 2, Sch. 1 (with Sch. 2)
1Paragraph (a) above does not include—
(a)any Investment Fund or Deposit Fund within the meaning of the Church Funds Investment Measure 1958,
(b)any investment fund or deposit fund within the meaning of the Methodist Church Funds Act 1960, or
(c)the representative body of the Welsh Church or property administered by it.
Textual Amendments
F15Sch. 2 Notes inserted (1.6.2010 for specified purposes) by Charities Act 2006 (c. 50), ss. 11(9), 79(2); S.I. 2010/503, art. 2, Sch. 1 (with Sch. 2)
[F161A.E+WParagraph (c) above does not include—
(a)any college in the university of Oxford;
(b)any college or hall in the university of Cambridge or Durham;
(c)any students’ union.]
Textual Amendments
F15Sch. 2 Notes inserted (1.6.2010 for specified purposes) by Charities Act 2006 (c. 50), ss. 11(9), 79(2); S.I. 2010/503, art. 2, Sch. 1 (with Sch. 2)
F16Sch. 2 Note 1A inserted (1.6.2010 immediately after 2006 c. 50, s. 11(3) comes into force, see S.I. 2010/503, art. 2, Sch. 1) by The Charities Act 2006 (Changes in Exempt Charities) Order 2010 (S.I. 2010/500), arts. 1, 2(8) (with Sch. 2)
[F152E+WParagraph (w) above does not include any students' union.]
Textual Amendments
F15Sch. 2 Notes inserted (1.6.2010 for specified purposes) by Charities Act 2006 (c. 50), ss. 11(9), 79(2); S.I. 2010/503, art. 2, Sch. 1 (with Sch. 2)
[F172Paragraph (w) above does not include—
(a)any college in the university of Oxford which is administered by or on behalf of that university;
(b)any college or hall in the university of Cambridge or Durham which is administered by or on behalf of that university;
(c)any students’ union.]]
Textual Amendments
F15Sch. 2 Notes inserted (1.6.2010 for specified purposes) by Charities Act 2006 (c. 50), ss. 11(9), 79(2); S.I. 2010/503, art. 2, Sch. 1 (with Sch. 2)
F17Sch. 2 Note 2 substituted (1.6.2010 immediately after 2006 c. 50, s. 11(3) comes into force, see S.I. 2010/503, art. 2, Sch. 1) by The Charities Act 2006 (Changes in Exempt Charities) Order 2010 (S.I. 2010/500), arts. 1, 2(9) (with Sch. 2)
[F18Interpretation
For the purposes of this Schedule—
(a)a university or university college is in England if its activities are carried on, or principally carried on, in England;
(b)the Open University is to be treated as a university in England;
(c)a higher education corporation is an English higher education corporation if the activities of the institution conducted by that corporation are carried on, or principally carried on, in England.]
Textual Amendments
F18Words in Sch. 2 inserted (1.6.2010 immediately after 2006 c. 50, s. 11(3) comes into force, see S.I. 2010/503, art. 2, Sch. 1) by The Charities Act 2006 (Changes in Exempt Charities) Order 2010 (S.I. 2010/500), arts. 1, 2(10) (with Sch. 2)