- Latest available (Revised)
- Point in Time (31/01/2009)
- Original (As enacted)
Version Superseded: 14/03/2012
Point in time view as at 31/01/2009. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Charities Act 1993 (repealed), Section 4.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)An institution shall for all purposes other than rectification of the register be conclusively presumed to be or to have been a charity at any time when it is or was on the register of charities.
(2)Any person who is or may be affected by the registration of an institution as a charity may, on the ground that it is not a charity, object to its being entered by [F1the Commission] in the register, or apply [F2to the Commission] for it to be removed from the register; and provision may be made by regulations made by the [F3Minister] as to the manner in which any such objection or application is to be made, prosecuted or dealt with.
F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)If there is an appeal to the [F5Tribunal] against any decision of [F6the Commission] to enter an institution in the register, or not to remove an institution from the register, then until [F7the Commission is] satisfied whether the decision of [F6the Commission] is or is not to stand, the entry in the register shall be maintained, but shall be in suspense and marked to indicate that it is in suspense; and for the purposes of subsection (1) above an institution shall be deemed not to be on the register during any period when the entry relating to it is in suspense under this subsection.
(5)Any question affecting the registration or removal from the register of an institution may, notwithstanding that it has been determined by a decision on appeal under [F8Schedule 1C to this Act] above, be considered afresh by [F9the Commission] and shall not be concluded by that decision, if it appears to [F9the Commission] that there has been a change of circumstances or that the decision is inconsistent with a later judicial decisionF10....
Textual Amendments
F1Words in s. 4(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 99(2)(a); S.I. 2007/309, art. 2, Sch.
F2Words in s. 4(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 99(2)(b); S.I. 2007/309, art. 2, Sch.
F3Word in s. 4(2) substituted (13.12.2006) by Transfer of Functions (Third Sector, Communities and Equality) Order 2006 (S.I. 2006/2951), art. 1(2), Sch. para. 4(e)
F4S. 4(3) repealed (18.3.2008) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 99(3), Sch. 9 (with Sch. 10 para. 18); S.I. 2008/751, art. 2, Sch. (with art. 4)
F5Words in s. 4(4) substituted (18.3.2008) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 99(4)(a) (with Sch. 10 para. 18); S.I. 2008/751, art. 2, Sch. (with art. 4)
F6Words in s. 4(4) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 99(4)(b); S.I. 2007/309, art. 2, Sch.
F7Words in s. 4(4) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 99(4)(c); S.I. 2007/309, art. 2, Sch.
F8Words in s. 4(5) substituted (18.3.2008) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 99(5)(a); S.I. 2008/751, art. 2, Sch. (with art. 4)
F9Words in s. 4(5) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 99(5)(b); S.I. 2007/309, art. 2, Sch.
F10Words in s. 4(5) repealed (18.3.2008) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 99(5)(c); S.I. 2008/751, art. 2, Sch. (with art. 4)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: