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Part 2Regulation of charities

Chapter 1The Charity Commission

Establishment of Charity Commission

6The Charity Commission

(1)After section 1 of the 1993 Act insert—

1AThe Charity Commission

(1)There shall be a body corporate to be known as the Charity Commission for England and Wales (in this Act referred to as “the Commission”).

(2)In Welsh the Commission shall be known as “Comisiwn Elusennau Cymru a Lloegr”.

(3)The functions of the Commission shall be performed on behalf of the Crown.

(4)In the exercise of its functions the Commission shall not be subject to the direction or control of any Minister of the Crown or other government department.

(5)But subsection (4) above does not affect—

(a)any provision made by or under any enactment;

(b)any administrative controls exercised over the Commission’s expenditure by the Treasury.

(6)The provisions of Schedule 1A to this Act shall have effect with respect to the Commission.

(2)Schedule 1 (which inserts the new Schedule 1A into the 1993 Act) has effect.

(3)The office of Charity Commissioner for England and Wales is abolished.

(4)The functions of the Charity Commissioners for England and Wales and their property, rights and liabilities are by virtue of this subsection transferred to the Charity Commission for England and Wales.

(5)Any enactment or document has effect, so far as necessary for the purposes of or in consequence of the transfer effected by subsection (4), as if any reference to the Charity Commissioners for England and Wales or to any Charity Commissioner for England and Wales were a reference to the Charity Commission for England and Wales.

(6)Section 1 of, and Schedule 1 to, the 1993 Act cease to have effect.

(7)Schedule 2 (which contains supplementary provision relating to the establishment of the Charity Commission for England and Wales) has effect.