PART 3Charities

Amendment of Schedule 18 to LTTA3

1

Schedule 18 to LTTA is amended as follows.

2

After paragraph 1(a) insert—

aa

paragraphs 2A to 2D make provision about the meaning of “charity”,

3

In paragraph 2(3)(a), for “Part 1 of Schedule 6 to the Finance Act 2010 (c. 13)” substitute “paragraph 2A”.

4

After paragraph 2 insert—

Meaning of “charity”2A

For the purpose of this Schedule, “charity” means a body of persons or trust that—

a

is established for charitable purposes only,

b

meets the jurisdiction condition (see paragraph 2B),

c

meets the registration condition (see paragraph 2C), and

d

meets the management condition (see paragraph 2D).

Meaning of “charity”: jurisdiction condition2B

1

A body of persons or trust meets the jurisdiction condition if it falls to be subject to the control of a relevant UK court in the exercise of its jurisdiction with respect to charities.

2

A “relevant UK court” means—

a

the High Court,

b

the Court of Session, or

c

the High Court in Northern Ireland.

Meaning of “charity”: registration condition2C

1

A body of persons or trust meets the registration condition if—

a

in the case of a body of persons or trust that is a charity within the meaning of section 10 of the Charities Act 2011 (c. 25), condition A is met, and

b

in the case of any other body of persons or trust, condition B is met.

2

Condition A is that the body of persons or trust has complied with any requirement to be registered in the register of charities kept under section 29 of the Charities Act 2011.

3

Condition B is that the body of persons or trust has complied with any requirement to be registered in a register corresponding to that mentioned in condition A kept under the law of Scotland or Northern Ireland.

Meaning of “charity”: management condition2D

1

A body of persons or trust meets the management condition if its managers are fit and proper persons to be managers of the body or trust.

2

In this paragraph “managers”, in relation to a body of persons or trust, means the persons having the general control and management of the administration of the body or trust.

3

Sub-paragraph (4) applies in relation to any period throughout which the management condition is not met.

4

The management condition is treated as met if WRA consider that—

a

the failure to meet the condition has not prejudiced the charitable purposes of the body or trust, or

b

it is just and reasonable in all the circumstances for the condition to be treated as met throughout the period.

5

The amendments made by this regulation have effect in relation to land transactions with an effective date on or after exit day.