Charities Act 2011

Part 1Meaning of “charity” and “charitable purpose”

CHAPTER 1General

1Meaning of “charity”

Charitable purpose

2Meaning of “charitable purpose”

3Descriptions of purposes

4The public benefit requirement

Recreational trusts and registered sports clubs

5Recreational and similar trusts, etc.

6Registered sports clubs

7Application of this Chapter in relation to Scotland

8Application of this Chapter in relation to Northern Ireland

9Interpretation

CHAPTER 2Special provision for this Act

10Ecclesiastical corporations etc. not charities in certain contexts

11Charitable purposes

12Directions as to what is (or is not) a separate charity

Part 2The Charity Commission and the Official Custodian for Charities

13The Charity Commission

14The Commission's objectives

15The Commission's general functions

16The Commission's general duties

17Guidance as to operation of public benefit requirement

18Supply by Commission of copies of documents

19Fees and other amounts payable to Commission

20Incidental powers

The official custodian

21The official custodian for charities

Part 3Exempt charities and the principal regulator

Exempt charities

22Meaning of “exempt charity” and Sch.3

23Power to amend Sch.3 so as to add or remove exempt charities

24Power to remove defunct institutions from Sch.3

The principal regulator

25Meaning of “the principal regulator”

26General duty of principal regulator in relation to exempt charity

27Power to make amendments in connection with s.26

28Commission to consult principal regulator

Part 4Registration and names of charities

Charities required to be registered

30Charities required to be registered: general

31Restrictions on extending the range of excepted charities etc.

32Power to alter sums specified in s.30(2)

33Power to repeal provisions relating to excepted charities

Removal of charities from register

34Removal of charities from register

Registration: duties of trustees and claims and objections

35Duties of trustees in connection with registration

36Claims and objections to registration

Effect of registration and right to inspect register

37Effect of registration

38Right to inspect register

Disclosure of registered charity status

39Statement required to be made in official publications etc.

40Power to alter sum specified in s.39(1)

Power to require charity's name to be changed

42Power to require name to be changed

43Duty of charity trustees on receiving direction under s.42

44Change of name not to affect existing rights and obligations etc.

45Change of name where charity is a company

Part 5Information powers

Inquiries instituted by Commission

46General power to institute inquiries

47Obtaining evidence etc. for purposes of inquiry

48Power to obtain search warrant for purposes of inquiry

49Execution of search warrant

50Publication of results of inquiries

51Contributions by local authorities to inquiries into local charities

Power to call for documents and search records

52Power to call for documents

53Power to search records

Disclosure of information

54Disclosure to Commission: general

55Disclosure to Commission: Revenue and Customs information

56Disclosure by Commission: general

57Disclosure by Commission: Revenue and Customs information

58Disclosure to and by principal regulators of exempt charities

59Disclosure: supplementary

Supply of false or misleading information to Commission etc.

60Supply of false or misleading information to Commission etc.

Part 6Cy-près powers and assistance and supervision of charities by court and Commission

Cy-près powers and variation of charters

61Duty of trustees in relation to application of property cy-près

62Occasions for applying property cy-près

63Application cy-près: donor unknown or disclaiming

64Donors treated as unidentifiable

65Donors treated as disclaiming

66Unknown and disclaiming donors: supplementary

67Cy-près schemes

68Charities governed by charter, or by or under statute

Powers of Commission to make schemes etc.

69Commission's concurrent jurisdiction with High Court for certain purposes

70Restrictions on Commission's concurrent jurisdiction

71Exercise of Commission's concurrent jurisdiction: notice

72Power to alter sum specified in s.70(3)

73Powers to make schemes altering provision made by Acts, etc.

74Restriction on expenditure on promoting Bills

75Further powers to alter application of charitable property

Powers of Commission to act for protection of charities etc.

75AOfficial warnings by the Commission

76Suspension of trustees etc. and appointment of interim managers

76AExercise of powers where section 76(1)(a) applies

77Offence of contravening certain orders under s.76

78Interim managers: supplementary

79 Removal of trustee or officer etc for protective etc purposes

79ARemoval of disqualified trustee

80Other powers to remove or appoint charity trustees

81Removal or appointment of charity trustees etc.: supplementary

82Removal of trustees etc.: notice

83Power to suspend or remove trustees etc. from membership of charity

84Power to direct specified action to be taken

84APower to direct specified action not to be taken

84BPower to direct winding up

85Power to direct application of charity property

86Copy of certain orders, and reasons, to be sent to charity

87Supervision by Commission of certain Scottish charities

Publicity relating to schemes and orders

88Publicity relating to schemes

89Publicity for orders relating to trustees or other individuals

Property vested in official custodian

90Entrusting charity property to official custodian, and termination of trust

91Supplementary provisions as to property vested in official custodian

Official custodian and Reverter of Sites Act 1987

92Divestment of official custodian where 1987 Act due to operate

93Divestment of official custodian where 1987 Act has operated

94Vesting of land in relevant charity trustees following divestment

95Supplementary provisions in connection with 1987 Act

Establishment of common investment or deposit funds

96Power to make common investment schemes

97Bodies which may participate in common investment schemes

98Provisions which may be included in common investment schemes

99Further provisions relating to common investment schemes and funds

100Power to make common deposit schemes

101Bodies which may participate in common deposit schemes

102Provisions which may be included in common deposit schemes

103Further provisions relating to common deposit schemes and funds

104Meaning of “Scottish recognised body” and “Northern Ireland charity”

Total return investment

104AInvestment of endowment fund on total return basis

104BTotal return investment: regulations

Power to authorise dealings with charity property, ex gratia payments etc.

105Power to authorise dealings with charity property etc.

106Power to authorise ex gratia payments etc.

Power to give directions about dormant bank accounts of charities

107Power to direct transfer of credits in dormant bank accounts

108Accounts which cease to be dormant before transfer

109Dormant bank accounts: supplementary

Additional powers of Commission

110Power to give advice

111Power to determine membership of charity

112Power to order assessment of solicitor's bill

Legal proceedings relating to charities

113Petitions for winding up charities under Insolvency Act

114Proceedings by the Commission

115Proceedings by other persons

116Effect of provisions relating to vesting or transfer of property

Part 7Charity land

Restrictions on dispositions of land in England and Wales

117Restrictions on dispositions of land: general

118Meaning of “connected person” in s.117(2)

119Requirements for dispositions other than certain leases

120Requirements for leases which are for 7 years or less etc.

121Additional restrictions where land held for stipulated purposes

122Instruments concerning dispositions of land: required statements, etc.

123Charity land and land registration

Restrictions on mortgages of land in England and Wales

124Restrictions on mortgages

125Mortgages: required statements, etc.

126Mortgages of charity land and land registration

Release of charity rentcharges

127Release of charity rentcharges

128Power to alter sum specified in s.127(2)

129Interpretation

Part 8Charity accounts, reports and returns

CHAPTER 1Individual accounts

130Accounting records

131Preservation of accounting records

132Preparation of statement of accounts

133Account and statement an option for lower-income charities

134Preservation of statement of accounts or account and statement

135Charitable companies

136Exempt charities

CHAPTER 2Group accounts

137Accounting records

138Preparation of group accounts

139Exceptions to requirement to prepare group accounts

140Preservation of group accounts

141“Parent charity”, “subsidiary undertaking” and “group”

142“Group accounts”

143Exempt charities

CHAPTER 3Audit or examination of accounts

Audit or examination of individual accounts

144Audit of accounts of larger charities

145Examination of accounts an option for lower-income charities

146Commission's powers to order audit

147Accounts required to be audited under Companies Act

148NHS charities: general

149Audit or examination of English NHS charity accounts

150Audit or examination of Welsh NHS charity accounts

Audit or examination of group accounts

151Audit of accounts of larger groups

152Examination of accounts an option for smaller groups

153Commission's powers to order audit of group accounts

Regulations relating to audits and examinations

154Regulations relating to audits and examinations

155Power of Commission to direct compliance with certain regulations

Duty of auditors etc. to report matters to Commission

156Duty of auditors etc. to report matters to Commission

157Meaning of “connected institution or body” in s.156(2)

158Application of duty in relation to auditors etc. of group accounts

159Application of duty in relation to Companies Act auditors

Exempt and excepted charities

160Exempt charities

161Excepted charities

CHAPTER 4Annual reports and returns and public access to accounts etc.

Annual reports etc.

162Charity trustees to prepare annual reports

162AAnnual reports: fund-raising standards information

163Transmission of annual reports to Commission in certain cases

164Documents to be transmitted with annual report

165Preservation of annual reports etc.

166Annual reports and group accounts

167Exempt charities

168Excepted charities

169Annual returns by registered charities

Availability of documents to public

170Public inspection of annual reports etc. kept by Commission

171Supply by charity trustees of copy of most recent annual report

172Supply by charity trustees of copy of most recent accounts

173Offences of failing to supply certain documents

CHAPTER 5Powers to set financial thresholds

174Powers to alter certain sums specified in this Part

175Aggregate gross income of group

176Larger groups: “relevant income threshold” and “relevant assets threshold”

Part 9Charity trustees, trustees and auditors etc.

Meaning of “charity trustees”

177Meaning of “charity trustees”

Disqualification of charity trustees and trustees

178Persons disqualified from being charity trustees or trustees of a charity

178ACase A: specified offences

179Disqualification: pre-commencement events etc.

180Disqualification: exceptions in relation to charitable companies

181Power to waive disqualification

181ADisqualification orders

181BDuration of disqualification, and suspension pending disqualification

181CDisqualification orders: procedure

181DDisqualification orders: variation and revocation

182Records of persons removed from office

183Criminal consequences of acting while disqualified

184Civil consequences of acting while disqualified

184ASections 183 and 184: participation in corporate decisions

Remuneration of charity trustees and trustees etc.

185Remuneration of charity trustees or trustees etc. providing services to charity

186Disqualification of charity trustee or trustee receiving remuneration under s.185

187Meaning of “benefit”, “remuneration”, “services” etc.

188Meaning of “connected person”

Indemnity insurance for charity trustees and trustees

189Indemnity insurance for charity trustees and trustees

190Power to amend s.189

Powers to relieve trustees and auditors etc. from liability

191Commission's power to relieve trustees and auditors etc. from liability

192Court's power to grant relief to apply to all auditors etc. of charities which are not companies

Part 10Charitable companies etc.

193Meaning of “charitable company”

Disclosure of charitable status by companies

194Requirement to disclose charitable status

195Civil consequences of failure to make required disclosure

196Criminal consequences of failure to make required disclosure

Restrictions on alteration of objects

197Alteration of objects by bodies corporate and charitable status

198Alteration of objects by companies and Commission's consent

199Meaning of “benefit” in s.198(2)

200Meaning of “connected person” in s.198(2)

Acts requiring Commission consent

201Consent of Commission required for approval etc. by members of charitable companies

202Consent of Commission required for certain acts of charitable company

Restoration of charitable company to register

203Application for restoration of charitable company to register

Part 11Charitable incorporated organisations (CIOs)

CHAPTER 1General

Nature and constitution

204Meaning of “CIO”

206Constitution

Formation and registration of CIO

207Application for CIO to be constituted and registered

208Cases where application must or may be refused

209Registration of CIO

210Effect of registration of CIO

Name and status

213Civil consequences of failure to disclose name or status

214Offence of failing to disclose name or status

215Offence of holding out that a body is a CIO

CHAPTER 2Powers, capacity and procedure etc.

216Powers of CIO

217Constitutional requirements

218Third parties

219Limits to s.218

220Duty of CIO members

221Duties of charity trustees

222Personal benefit and payments

223Regulations about procedure of CIOs

CHAPTER 3Amendment of constitution

224Amendment of constitution and procedure

225Amendment of constitution and charitable status

226Amendment of constitution and Commission's consent

227Registration and coming into effect of amendments

CHAPTER 4Conversion, amalgamation and transfer

Conversion of certain bodies to CIO

228Application for conversion by charitable company

229Application for conversion by registered society

230Commission to consult appropriate registrar and others

231Cases where application must or may be refused

232Provisional and final registration of converting body

233Effect of registration becoming final

234Conversion of community interest company

Amalgamation of CIOs

235Application for amalgamation of CIOs

236Notice of application for amalgamation

237Cases where application must or may be refused

238Registration of amalgamated CIO

239Effect of registration

Transfer of CIO's undertaking to another CIO

240Resolutions about transfer of CIO's undertaking to another CIO

241Notice of transfer of CIO's undertaking to another CIO

242Cases where confirmation of resolution must or may be refused

243Confirmation of resolution

244Effect of confirmation of resolution

CHAPTER 5Supplementary

245Regulations about winding up, insolvency and dissolution

246Power to make further provision about CIOs

247Meaning of “CIO regulations”

248Meaning of “benefit”

249Meaning of “connected person”

250Effect of provisions relating to vesting or transfer of property

Part 12Incorporation of charity trustees

251Incorporation of charity trustees

252Estate to vest in incorporated body

253Gifts to take effect as gifts to incorporated body

254Liability of charity trustees not affected by incorporation

255Charity trustees bound by conditions in certificate etc.

Application procedure

256Applications for incorporation

257Requirement to be met before certificate is granted

258Certificate conclusive as to compliance with incorporation requirements etc.

Administration etc. of charity whose charity trustees are incorporated

259Filling up of vacancies in charity trustees

260Execution of documents by incorporated body: general

261Conferral of authority to execute documents

Commission's powers to amend certificate or dissolve body

262Amendment of certificate of incorporation

263Dissolution of incorporated body

264Records of applications and certificates

265Meaning of “incorporated body” and “relevant charity”

266Effect of provisions relating to vesting or transfer of property

Part 13Unincorporated charities

Power to transfer all property of unincorporated charity

267Introduction

268Resolution to transfer all property

269Notice of, and information about, resolution to transfer property

270General rule as to when s.268 resolution takes effect

271S.268 resolution not to take effect or to take effect at later date

272Transfer of property in accordance with s.268 resolution

273Transfer where charity has permanent endowment: general

274Requirements relating to permanent endowment

Powers to alter purposes or powers etc. of unincorporated charity

275Resolution to replace purposes of unincorporated charity

276Notice of, and information about, s.275 resolution

277General rule as to when s.275 resolution takes effect

278S.275 resolution not to take effect or to take effect at a later date

279Replacement of purposes in accordance with s.275

280Power to modify powers or procedures of unincorporated charity

Powers of unincorporated charities to spend capital

281Power of unincorporated charities to spend capital: general

282Resolution to spend larger fund given for particular purpose

283Notice of, and information about, s.282 resolution

284When and how s.282 resolution takes effect

285Power to alter sums specified in this Part

286Effect of provisions relating to vesting or transfer of property

Part 14Special trusts

287Meaning of “special trust”

288Power to spend capital subject to special trusts: general

289Resolution to spend capital subject to special trusts: larger fund

290Notice of, and information about, s.289 resolution

291When and how s.289 resolution takes effect

292Power to alter sum specified in s.289

PART 14ASOCIAL INVESTMENTS

292AMeaning of “social investment”

292BGeneral power to make social investments

292CCharity trustees' duties in relation to social investments

Part 15Local charities

Indexes and reviews etc.

293Meaning of “local charity”

294Local authority's index of local charities

295Reviews of local charities by local authority

296S.294 and s.295: supplementary

297Co-operation between charities, and between charities and local authorities

Parochial charities

298Transfer of property to parish or community council or its appointees

299Local authorities' power to appoint representative trustees

300Powers of appointment deriving from pre-1894 powers

301Powers of appointment deriving from pre-1927 powers

302Term of office of trustees appointed under s.299 to s.301

303S.298 to s.302: supplementary

304Effect of provisions relating to vesting or transfer of property

Part 16Charity mergers

305Register of charity mergers

306Meaning of “relevant charity merger” etc.

307Notification of charity mergers

308Details to be entered in register of charity mergers

309Right to inspect register of charity mergers

Vesting declarations and effect of merger on certain gifts

310Pre-merger vesting declarations

311Effect of registering charity merger on gifts to transferor

312“Transferor” and “transferee” etc. in s.310 and s.311

313Effect of provisions relating to vesting or transfer of property

314Exception for CIOs

Part 17The Tribunal

CHAPTER 1General

315The Tribunal

316Rules relating to appeals, applications or references

317Appeal from Tribunal

318Intervention by Attorney General

CHAPTER 2Appeals and applications to Tribunal

319Appeals: general

320Appeals: orders under s.52

322Reviewable matters

323Remission of matters to Commission

324Power to amend provisions relating to appeals and applications to Tribunal

CHAPTER 3References to Tribunal

325References by Commission

326References by Attorney General

327Powers of Commission in relation to matters referred to Tribunal

328Suspension of time limits while reference is in progress

329Agreement for Commission to act while reference is in progress

330Appeals and applications in respect of matters determined on references

331Interpretation

Part 18Miscellaneous and supplementary

Administrative provisions about charities

332Manner of giving notice of charity meetings, etc.

333Conferral of authority to execute documents

334Transfer and evidence of title to property vested in trustees

Enforcement powers of Commission etc.

335Enforcement of requirements by order of Commission

336Enforcement of orders of Commission

337Other provisions as to orders of Commission

338Directions of the Commission or person conducting inquiry

339Service of orders and directions

Documents and evidence etc.

340Enrolment and deposit of documents etc.

341Evidence of documents received by Commission etc.

342Report of inquiry to be evidence in certain proceedings

343Evidence of documents issued by Commission etc.

344Other miscellaneous provisions as to evidence

345Restriction on institution of proceedings for certain offences

346Offences by bodies corporate

Regulations and orders

347Regulations and orders: general

348Regulations subject to affirmative procedure etc.

349Orders subject to affirmative procedure etc.

350Connected person: child, spouse and civil partner

351Connected person: controlled institution

352Connected person: substantial interest in body corporate

353Minor definitions

Part 19Final provisions

354Amendments etc.

355Commencement

357Index of defined expressions

SCHEDULE 1The Charity Commission

1(1) The Commission is to consist of—

Terms of appointment and remuneration

2The members of the Commission hold and vacate office as...

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

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

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

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

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

Performance of functions

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

9The Documentary Evidence Act 1868 has effect as if—

Execution of documents

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

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

Annual public meeting

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

SCHEDULE 2The official custodian

Status and official seal

1The official custodian is a corporation sole whose official seal...

2The expenses of the official custodian (except those reimbursed to,...

Performance of functions and liability for loss or misapplication of property

3Anything which is required to or may be done by,...

4(1) The official custodian is not liable as trustee for...

5The official custodian must— (a) keep such books of account...

6The Comptroller and Auditor General must— (a) examine, certify and...

7The Commission must publish and lay before Parliament a copy...

SCHEDULE 3Exempt charities

Institutions with an exemption from the Charitable Trusts Acts 1853 to 1939

1(1) Any institution which, if the Charities Act 1960 had...

Educational institutions

2The universities of Oxford, Cambridge, London, Durham, Newcastle and Manchester....

3King's College London and Queen Mary and Westfield College in...

4(1) Any of the following, if Her Majesty declares it...

5(1) An English higher education corporation. (2) For the purposes...

6(1) A successor company to a higher education corporation at...

7A further education corporation.

8A qualifying Academy proprietor (as defined in section 12(2) of...

9The governing body of any foundation, voluntary or foundation special...

10Any foundation body established under section 21 of the School...

11A sixth form college corporation (within the meaning of the...

Museums, galleries etc.

12The Board of Trustees of the Victoria and Albert Museum....

13The Board of Trustees of the Science Museum.

14The Board of Trustees of the Armouries.

15The Board of Trustees of the Royal Botanic Gardens, Kew....

16The Board of Trustees of the National Museums and Galleries...

17The trustees of the British Museum.

18The trustees of the Natural History Museum.

19The Board of Trustees of the National Gallery.

20The Board of Trustees of the Tate Gallery.

21The Board of Trustees of the National Portrait Gallery.

22The Board of Trustees of the Wallace Collection.

23The Trustees of the Imperial War Museum.

24The Trustees of the National Maritime Museum.

25The British Library Board.

26Any registered society within the meaning of the Co-operative and...

27Any registered society within the meaning of the Co-operative and...

Connected institutions

28(1) Any institution which— (a) is administered by or on...

SCHEDULE 4Enlargement of areas of local charities

SCHEDULE 5Court's jurisdiction over certain charities governed by or under statute

1The court may by virtue of section 68(5) and (6)...

2Regardless of anything in section 19 of the Commons Act...

SCHEDULE 6Appeals and applications to Tribunal

SCHEDULE 7Consequential amendments

Part 1General amendments

References to the Charitable Uses Act 1601 (c. 4)

1A reference in any enactment or document to a charity...

References to the Charity Commissioners for England and Wales

2(1) Any enactment or document is to continue to have...

Application of certain enactments to trust corporations

3(1) In the definition of “trust corporation” contained in the...

Part 2Particular amendments

Literary and Scientific Institutions Act 1854 (c. 112)

4(1) In section 6, for “except with the consent of...

Places of Worship Registration Act 1855 (c. 81)

5(1) In section 9(1)— (a) for “shall, so far as...

Places of Worship Sites Amendment Act 1882 (c. 21)

6In section 1(d) for “except with the consent of the...

Technical and Industrial Institutions Act 1892 (c. 29)

7In section 9(1), for “with the consent of the Charity...

Open Spaces Act 1906 (c. 25)

8(1) In section 4(1A)(b), for “section 36(2) to (8) of...

9(1) For section 14(1)(b) substitute— (b) any trustees for charitable...

10In section 31, for “the Charities Act 1993” substitute “...

London County Council (General Powers) Act 1947 (c. xlvi)

11For section 6(3) substitute— (3) In relation to any disposition...

London County Council (General Powers) Act 1955 (c. xxix)

12For section 34(3) substitute— (3) In relation to any disposition...

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

13In section 1, in the definition of “permanent trusts” for...

Co-operative and Community Benefit Societies and Credit Unions Act 1965 (c. 12)

14In sections 5A(7)(a) and 7D(5)(a), for “as it has under...

Leasehold Reform Act 1967 (c. 88)

15In section 23(4), for “section 36 of the Charities Act...

Co-operative and Community Benefit Societies and Credit Unions Act 1968 (c. 55)

16In section 4A(6), for “as defined by section 1(1) of...

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

17(1) In section 4, for subsections (6) to (8A) substitute—...

18In section 7, for subsection (2) substitute—

Sharing of Church Buildings Act 1969 (c. 38)

19In section 2(4), for “the Charities Act 1993” substitute “...

20(1) In section 8(1), for “the Charities Act 1993” substitute...

Synodical Government Measure 1969 (No. 2)

21(1) Amend Schedule 3 as follows. (2) In Rule 46A(a),...

Local Government Act 1972 (c. 70)

22In section 11(3)(c), for “section 79 of the Charities Act...

23In section 27F(6), for “section 79 of the Charities Act...

24In section 27H(6), for “section 79 of the Charities Act...

25In section 29(6), for “section 79 of the Charities Act...

26In section 127(4) for “the Charities Act 1993” substitute “...

27In section 131(3)— (a) for “section 36 of the Charities...

28In Schedule 12A, for paragraphs 8(f) and 19(f) substitute—

Consumer Credit Act 1974 (c. 39)

29In section 189(1), in the definition of “charity”, for “the...

Friendly Societies Act 1974 (c. 46)

30In section 32A(6), for “as defined by section 1(1) of...

House of Commons Disqualification Act 1975 (c. 24)

31Part 2 of Schedule 1 continues to include, at the...

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

32Part 2 of Schedule 1 continues to include, at the...

Theatres Trust Act 1976 (c. 27)

33In section 2(2)(d), for “sections 36 and 38 of the...

Endowments and Glebe Measure 1976 (No. 4)

34In section 11(2), for “the Charity Commission or in accordance...

Interpretation Act 1978 (c. 30)

35In Schedule 1, for the definition of “Charity Commission” substitute—...

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

36In section 49(3), for “the Charities Act 1993” substitute “...

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

37For section 6 substitute— Saving for Charity Commission Nothing in this Act affects the charitable jurisdiction of the...

Pastoral Measure 1983 (No. 1)

38For section 55(1) substitute— (1) The power of the court...

39In section 63(3), for “the Charities Act 1993” substitute “...

40In section 87(1), in the definition of “charity”, for “section...

41(1) Amend Schedule 3 as follows. (2) In paragraph 11(6)—...

Greater London Council (General Powers) Act 1984 (c. xxvii)

42In section 10(2)(n), for “the Charities Act 1993” substitute “...

Housing Act 1985 (c. 68)

43In section 6A(5), for “in accordance with section 3A of...

44In section 525, in the definition of “charity trustees”, for...

Housing Associations Act 1985 (c. 69)

45In section 10(1), for “sections 36 and 38 of the...

46In section 35(2)(c), for “section 36 of the Charities Act...

Coal Industry Act 1987 (c. 3)

47(1) In section 5(7), for “the Charities Act 1993” substitute...

Reverter of Sites Act 1987 (c. 15)

48For section 4(2) and (4) substitute— (2) Chapter 2 of...

Education Reform Act 1988 (c. 40)

49In section 124(2)(fa), for “(within the meaning of section 69A...

50For section 125A substitute— Charitable status of a higher education...

51In section 128(5), for “ “charitable purposes” has the same...

Copyright, Designs and Patents Act 1988 (c. 48)

52In Schedule 6, in paragraph 7(3), for “the Charities Act...

Imperial College Act 1988 (c. xxiv)

53In section 10, for “ “the Commissioners” and “the court”...

54(1) In section 17(1), for “section 22 of the Charities...

Courts and Legal Services Act 1990 (c. 41)

55In Schedule 11, for the entry beginning “Member of the...

London Local Authorities Act 1991 (c. xiii)

56In section 4, in paragraph (d) of the definition of...

Further and Higher Education Act 1992 (c. 13)

57In section 19(4)(bc), for “(within the meaning of section 69A...

58For section 22A substitute— Charitable status of a further education...

59In section 27(5), for “ “charitable purposes” has the same...

60In section 33F(6)(d), for “(within the meaning of section 69A...

61In section 33M, for “(and, as a result of its...

62In section 33N(10), for “ “charitable purposes” has the same...

63In section 69— (a) in subsection (1A), for “section 13...

64In section 79A— (a) for “section 13 of the Charities...

Charities Act 1992 (c. 41)

65(1) In section 58(1), in the definition of “company” for...

66In section 63(2), for “section 3 of the Charities Act...

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

67In section 93(6)(a), for “section 36 of the Charities Act...

Environment Act 1995 (c. 25)

68In Schedule 9, in paragraph 15, for “Sections 76 to...

Reserve Forces Act 1996 (c. 14)

69(1) In Schedule 5, in paragraph 2, in the definition...

Trusts of Land and Appointment of Trustees Act 1996 (c. 47)

70In Schedule 1, in paragraph 4(2)— (a) in paragraph (a),...

Housing Act 1996 (c. 52)

71In section 58, for subsection (1) substitute—

72(1) Amend Schedule 1 as follows. (2) In paragraph 4(2)(d),...

Housing Grants, Construction and Regeneration Act 1996 (c. 53)

73In section 95(6), for “but otherwise has the same meaning...

Education Act 1996 (c. 56)

74In section 537C— (a) in subsection (1)(a), for “section 13...

School Standards and Framework Act 1998 (c. 31)

75(1) In section 23, for subsection (1A) substitute—

76In section 23A(10), in the definitions of “charity trustee” and...

77In section 23B(2), for “section 18 of the Charities Act...

78In Schedule 1, for paragraph 10 substitute— An Education Action Forum shall be a charity and is...

79In Schedule 22, in paragraph 8A(2)(c), for “removed under subsection...

National Institutions Measure 1998 (No. 1)

80(1) In section 3(1), for “Part VI of the Charities...

Finance Act 1999 (c. 16)

81In Schedule 19, in paragraph 15— (a) in sub-paragraph (a),...

Cathedrals Measure 1999 (No. 1)

82In section 4(4), for “section 72(1) of the Charities Act...

83In section 15(1), in paragraph (iii) of the proviso, for...

84In section 27(1), for “section 43 of the Charities Act...

85In section 34, for “same meaning as in the Charities...

Financial Services and Markets Act 2000 (c. 8)

86In Schedule 11A, in paragraph 7(2)(a), for the words from...

87In Schedule 11B, in paragraph 12(4)(b), for “or section 24...

Learning and Skills Act 2000 (c. 21)

88In section 143(6)(d), for “the Charities Act 1993)” substitute “...

Trustee Act 2000 (c. 29)

89In section 38— (a) in paragraph (a), for “section 24...

90In section 39(1)— (a) in the definition of “charitable purposes”,...

Criminal Justice and Court Services Act 2000 (c. 43)

91In section 42(1), for “ “charity trustee” has the same...

Criminal Justice and Police Act 2001 (c. 16)

92In Part 1 of Schedule 1, for paragraph 56A and...

Churchwardens Measure 2001 (No. 1)

93In section 2(1), for “under section 72(1) of the Charities...

Land Registration Act 2002 (c. 9)

94In section 4(1)(aa), for “section 83 of the Charities Act...

Licensing Act 2003 (c. 17)

95In section 16(3), omit the definition of “charity”.

96In Schedule 2, for paragraph 5(4) substitute—

Higher Education Act 2004 (c. 8)

97In section 40— (a) in subsection (1A), for “section 13...

Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27)

98In section 54C(3), for “ “exempt charity” has the same...

99In section 63(1), in the definition of “English charity” for...

100In Schedule 3, for paragraph 4 substitute— The person appointed to chair the Charity Commission may make...

Pensions Act 2004 (c. 35)

101In Schedule 3, for the entry relating to the Charity...

102In Schedule 8, for the entry relating to the Charity...

Serious Organised Crime and Police Act 2005 (c. 15)

103In section 146(3)(b), for “charity trustee (within the meaning of...

Education Act 2005 (c. 18)

104In section 92(5), for “section 13 of the Charities Act...

Gambling Act 2005 (c. 19)

105In section 19(2)(a), for “purposes which are exclusively charitable according...

Charities and Trustee Investment (Scotland) Act 2005 (asp 10)

106In section 36(1), for paragraphs (a) and (b) substitute—

107In section 69(2)(d)(i), after “Wales under” insert “ section 79(2)(a)...

108In section 96(3), for “sections 24 and 25 of the...

Natural Environment and Rural Communities Act 2006 (c. 16)

109In section 81(2)(h), for “section 13 of the Charities Act...

Education and Inspections Act 2006 (c. 40)

110In Schedule 2, in paragraph 10(2)(b), for “charity trustee (within...

National Health Service Act 2006 (c. 41)

111In section 217(5), for “the court (as defined in the...

National Health Service (Wales) Act 2006 (c. 42)

112In section 165(5), for “the court (as defined in the...

Companies Act 2006 (c. 46)

113In section 21(2)(a), for “section 64 of the Charities Act...

114In section 31(4)(a), for “section 64 of the Charities Act...

115In— (a) section 1140(2)(c)(ii), and (b) section 1154(1)(b) and (2)(b),...

116In Schedule 1, in paragraph 6(4)(b) for “or section 24...

Safeguarding Vulnerable Groups Act 2006 (c. 47)

117In Schedule 4, in— (a) paragraph 4(7) and

Charities Act 2006 (c. 50)

118In section 54(2), for “section 9 of the 1993 Act”...

119In section 72(3), for “section 10(2) to (4) of the...

120(1) In section 73(5)(b), for “the appointed day (within the...

121(1) In section 74(4), omit— (a) paragraphs (a) and (b),...

122Omit section 76.

123(1) In section 78(2)— (a) omit paragraph (a);

124In section 79(1), omit— (a) paragraph (a), and

125In section 80— (a) omit subsections (3)(a), (b) and (d)...

Income Tax Act 2007 (c. 3)

126(1) Amend section 558 as follows. (2) Under the heading...

Legal Services Act 2007 (c. 29)

127In section 194(9)(a), for “in accordance with section 3A of...

Dioceses, Pastoral and Mission Measure 2007 (No. 1)

128In section 62(1), in the definition of “charity”, for “section...

129In Schedule 2, in paragraph 13(2), for “charity trustee within...

Regulatory Enforcement and Sanctions Act 2008 (c. 13)

130In Schedule 3, omit “Charities Act 1993 (c. 10), sections...

Housing and Regeneration Act 2008 (c. 17)

131In section 135(6), for “sections 41 to 45 of the...

132In section 136— (a) in subsection (4), for “section 43(1)(a)...

133In section 138(3)(a), for “the Charities Act 1993” substitute “...

134In section 266(6), for “section 72 of the Charities Act...

135In section 275— (a) in the definition of “non-registrable charity”,...

Planning Act 2008 (c. 29)

136(1) Amend section 210 as follows. (2) In subsection (1)(b),...

Charities Act (Northern Ireland) 2008 (c. 12 (N.I.))

137In section 56(1)(a), for “under section 3 of the Charities...

138In section 86(1)(e)— (a) in sub-paragraph (i), after “under” insert...

Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)

139In section 71A(1), for “section 13 of the Charities Act...

140In Schedule 3, in paragraph 19(4)(c), for “(within the meaning...

141In Schedule 4, in paragraph 9(4)(c), for “(within the meaning...

Corporation Tax Act 2010 (c. 4)

142(1) Amend section 511 as follows. (2) Under the heading...

Finance Act 2010 (c. 13)

143(1) Amend Schedule 6 as follows. (2) In paragraph 1(4)—...

Equality Act 2010 (c. 15)

144In section 194(3)(a), for “section 1(1) of the Charities Act...

Church of England (Miscellaneous Provisions) Measure 2010 (No. 1)

145In section 10(1), for “section 96(2) of the Charities Act...

Mission and Pastoral Measure 2011 (No. 3)

146For section 67(1) substitute— (1) The power of the court...

147In section 77(3), for “the Charities Act 1993” substitute “...

148In section 106(1), in the definition of “charity”, for “section...

149(1) Amend Schedule 3 as follows. (2) In paragraph 9(6)—...

SCHEDULE 8Transitionals and savings

Continuity of the law

1The repeal and re-enactment of provisions by this Act does...

2A reference, express or implied, in this Act, another enactment...

3(1) A reference, express or implied, in any enactment, instrument...

4Anything done, or having effect as if done, under (or...

5Paragraphs 1 to 4 have effect in place of section...

Effect of old transitionals and savings

6The repeals made by this Act do not affect the...

7(1) The repeal by this Act of an enactment previously...

Use of existing forms etc.

8Any reference to an enactment repealed by this Act which...

Part 2Recreational etc. purposes

9In this Part of this Schedule “the 1958 Act” means...

10(1) Where section 2 of the 1958 Act applied to...

11The repeal by this Act of subsections (2) and (3)...

12Sections 1 and 2 of the 1958 Act as in...

Northern Ireland

13Sections 1 and 2 of the 1958 Act as in...

Part 3Miscellaneous

Regulations relating to fees

14Despite the revocation by this Act of the Charities (Pre-consolidation...

Exempt charities

15(1) Despite the repeal by this Act of section 11(13)...

16The repeal and re-enactment by this Act of—

Application cy-prs: donors unknown or disclaiming or treated as disclaiming

17Sections 63, 64 and 67 apply to property given for...

Official custodian as successor to official trustee of charity lands and official trustees of charity funds

18(1) Despite the repeal by this Act of paragraph 26...

Savings for consequential amendments

19(1) The repeal by this Act of paragraph 23(a) of...

Universities of Durham and Newcastle-upon-Tyne Act 1963

20Despite the revocation by this Act of the Charities (Pre-consolidation...

SCHEDULE 9Transitory modifications

Commission's general functions—public charitable collections

1(1) Sub-paragraph (2) applies if Chapter 1 of Part 3...

“Exempt charity” and common investment and deposit funds

2(1) Sub-paragraph (2) applies if— (a) section 11(10) of the...

“Exempt charity” and church funds

3(1) Sub-paragraph (2) applies if section 11(9) of the 2006...

“Exempt charity” and registered societies etc.

4(1) Sub-paragraph (2) applies if section 11(8) of the 2006...

5(1) Sub-paragraph (2) applies if section 2 of the Co-operative...

Power to amend enactments in connection with changes in exempt charities

6(1) Sub-paragraph (2) applies if paragraph 2, 3 or 4...

Exempt charities and the principal regulator

7(1) Sub-paragraph (2) applies if, in relation to charities of...

Voluntary registration

8(1) Sub-paragraph (2) applies if section 3A(6) of the 1993...

Regulations to secure that any institution ceasing to be an exempt charity on the relevant commencement date is excepted

9(1) Sub-paragraph (2) applies if paragraph 2, 3 or 4...

Change of name and exempt charities

10(1) Sub-paragraph (2) applies if, in relation to charities of...

Power to institute inquiries and exempt charities

11(1) Sub-paragraph (2) applies if, in relation to charities of...

Maximum term of imprisonment for offence under section 49(8)

12In relation to an offence committed before the commencement of...

Power to call for documents etc. and exempt charities

13(1) Sub-paragraph (2) applies if, in relation to charities of...

Maximum term of imprisonment for offence under section 57(3)

14In relation to an offence committed before the commencement of...

Exempt charities and disclosure to and by principal regulator

15(1) Sub-paragraph (2) applies if, in relation to charities of...

Exempt charities and Commission's concurrent jurisdiction with High Court

16(1) Sub-paragraph (2) applies if, in relation to charities of...

Exempt charities and restriction on expenditure on promoting Bills

17(1) Sub-paragraph (2) applies if, in relation to charities of...

Exempt charities and power to act for protection of charities

18(1) Sub-paragraph (2) applies if, in relation to charities of...

Reference to Mission and Pastoral Measure 2011

19(1) Sub-paragraph (2) applies if the Mission and Pastoral Measure...

Exempt charities and power to give directions about dormant bank accounts

20(1) Sub-paragraph (2) applies if, in relation to charities of...

Exempt charities and Commission's consent to proceedings etc.

21(1) Sub-paragraph (2) applies if, in relation to charities of...

Exempt charities and duty of auditors etc. to report matters to Commission

22(1) Sub-paragraph (2) applies if, in relation to charities of...

Disqualification and references to section 429(2) of Insolvency Act 1986

23(1) This paragraph applies if paragraph 7 of Schedule 16...

Maximum term of imprisonment for offence under section 183(1)

24In relation to an offence committed before the commencement of...

Exempt charities and power to order disqualified trustee to repay sums

25(1) Sub-paragraph (2) applies if, in relation to charities of...

26(1) Sub-paragraph (2) applies if any provision of the 1993...

27(1) Sub-paragraph (2) applies if section 2 of the Co-operative...

References to re-named Acts in Schedule 7

28(1) Sub-paragraph (2) applies if section 2 of the Co-operative...

Meaning of “the relevant commencement date”

29(1) Subject to sub-paragraph (2), in this Schedule “the relevant...

References to Acts

30In this Schedule— “the 1993 Act” means the Charities Act...

SCHEDULE 10Repeals and revocations

SCHEDULE 11Index of defined expressions

Charities Act 2011

2011 c. 25

An Act to consolidate the Charities Act 1993 and other enactments which relate to charities.

[14th December 2011]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1

Annotations:

Modifications etc. (not altering text)

C1

Act: functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 10(2)(g) (with arts. 10(3), 11, 12)