SCHEDULEAMENDMENTS OF ENACTMENTS RELATING TO CHARITIES

PART 4AMENDMENTS RELATING TO THE MEANING OF “CHARITY”

36.

In—

(a)

sections 5A(7)(a) and 7D(5)(a) of the Industrial and Provident Societies Act 196549, and

(b)

paragraph 2 of Schedule 5 to the Reserve Forces Act 199650,

for “as in the Charities Act 1993” substitute “as it has under section 1(1) of the Charities Act 2006”.

37.

(1)

In the provisions listed in sub-paragraph (2), omit “within the meaning of the Charities Act 1993”.

(2)

The provisions are—

(a)

section 1(3A) of the Leasehold Reform Act 196751;

(b)

section 5(3)(f) of the Rent (Agriculture) Act 197652;

(c)

section 15(2)(b) of the Rent Act 197753;

(d)

Grounds 6 and 14A of Schedule 2 to the Housing Act 198854;

(e)

paragraph 1(4)(a) of Schedule 3A to the Environmental Protection Act 199055;

(f)

section 33M of the Further and Higher Education Act 199256;

(g)

section 5(2) of the Leasehold Reform, Housing and Urban Development Act 199357;

(h)

the definition of “charitable housing trust” in section 158(1) of the Housing Act 199658.

38.

In—

(a)

section 4A(6) of the Friendly and Industrial and Provident Societies Act 196859, and

(b)

section 32A(6) of the Friendly Societies Act 197460,

for “within the meaning of the Charities Act 1993,” substitute “as defined by section 1(1) of the Charities Act 2006,”.

39.

In section 4(13) of the Redundant Churches and other Religious Buildings Act 196961—

(a)

omit the words following the definition of “prescribed charity”;

(b)

before the definition of “the Commission” insert—
““charity” has the meaning given by section 96 of the Charities Act 199362;”; and

(c)

after the definition of “the Commission” insert—

““the court” has the same meaning as in the Charities Act 1993;”.

40.

(1)

In the provisions listed in sub-paragraph (2), omit the definition of “charity”.

(2)

The provisions are—

(a)

section 622(1) of the Housing Act 198563;

(b)

section 169(9) of the Local Government and Housing Act 198964;

(c)

section 58(1) of the Charities Act 199265;

(d)

section 23A(10) of, and paragraph 8A(6) of Schedule 22 to, the School Standards and Framework Act 199866.

41.

Omit section 38 of the Housing Associations Act 198567.

42.

In section 60(1) of the Landlord and Tenant Act 198768, omit ““charity” means a charity within the meaning of the Charities Act 1993, and”.

43.

In—

(a)

section 125A of the Education Reform Act 198869, and

(b)

section 22A of the Further and Higher Education Act 199270,
omit “within the meaning of the Charities Act 1993” and for “Schedule 2 to that Act” substitute “Schedule 2 to the Charities Act 199371”.

44.

In—

(a)

section 128(5) of the Education Reform Act 198872, and

(b)

sections 27(5) and 33N(10) of the Further and Higher Education Act 199273,

for ““charity” and “charitable purposes” have the same meanings” substitute ““charitable purposes” has the same meaning”.

45.

In section 58(1)(a) of the Housing Act 199674, for ““charity” and “trusts”, in relation to a charity, have” substitute ““trusts”, in relation to a charity, has” and in section 64 of that Act omit the entry relating to “charity”.

46.

(1)

In section 23(4)(a) of the School Standards and Framework Act 1998, for ““charity” and “institution” have” substitute ““institution” has”.

(2)

In Schedule 1 to that Act75, in paragraph 10, for “within the meaning of the Charities Act 1993, and is an institution to which section 3A(4)(b) of that Act” substitute “and is an institution to which section 3A(4)(b) of the Charities Act 1993”.

47.

In section 63(1) of the Companies (Audit, Investigations and Community Enterprise) Act 200476, in the definition of “English charity”, for “within the meaning of the Charities Act 1993 (see section 96 of that Act)” substitute “as defined by section 1(1) of the Charities Act 2006”.

48.

In—

(a)

section 42(1) of the Criminal Justice and Court Services Act 200077, and

(b)

paragraphs 4(7) and 8(6) of Schedule 4 to the Safeguarding Vulnerable Groups Act 200678,

for ““charity” and “charity trustee” have the same meanings” substitute ““charity trustee” has the same meaning”.