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.