SCHEDULES

C1SCHEDULE 5MEANING OF “CONNECTED PERSONS” FOR PURPOSES OF SECTION 57(2)

Section 57(2).

Annotations:
Modifications etc. (not altering text)
C1

Sch. 5 modified (in so far as it is applied by s. 89(6)) (18.2.2011) by Charities Act 2008 (Transitional Provision) Order (Northern Ireland) 2011 (S.R. 2011/12), art. 2, Sch.

I11

1

In section 57(2) “connected person”, in relation to a charity, means any person who falls within sub-paragraph (2)—

a

at the time of the disposition in question, or

b

at the time of any contract for the disposition in question.

2

The persons falling within this sub-paragraph are—

a

a charity trustee or trustee for the charity;

b

a person who is the donor of any land to the charity (whether the gift was made on or after the establishment of the charity);

c

a child, parent, grandchild, grandparent, brother or sister of any such trustee or donor;

d

an officer, agent or employee of the charity;

e

the spouse or civil partner of any person falling within any of heads (a) to (d);

f

a person carrying on business in partnership with anyone falling within any of heads (a) to (e);

g

an institution which is controlled—

i

by any person falling within any of heads (a) to (f), or

ii

by two or more such persons taken together; or

h

a body corporate in which—

i

any connected person falling within any of heads (a) to (g) has a substantial interest, or

ii

two or more such persons, taken together, have a substantial interest.

I22

1

In paragraph 1(2)(c) “child” includes a stepchild.

2

For the purposes of paragraph 1(2)(e) a person living with another as that person's F1spouse shall be treated as that person's spouse.

F23

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I33

For the purposes of paragraph 1(2)(g) a person controls an institution if that person is able to secure that the affairs of the institution are conducted in accordance with the wishes of that person.

I44

1

For the purposes of paragraph 1(2)(h) any such connected person as is there mentioned has a substantial interest in a body corporate if the person or institution in question—

a

is interested in shares comprised in the equity share capital of that body of a nominal value of more than one-fifth of that share capital, or

b

is entitled to exercise, or control the exercise of, more than one-fifth of the voting power at any general meeting of that body.

2

The rules set out in Schedule 1 to the Companies Act 2006 (c. 46) (rules for interpretation of certain provisions of that Act) shall apply for the purposes of sub-paragraph (1) as they apply for the purposes of section 254 of that Act (“connected persons” etc.).

3

In this paragraph “equity share capital” and “share” have the same meaning as in that Act.