SCHEDULES

Section 1.

SCHEDULE 1E+W Constitution etc. of Charity Commissioners

1(1)There shall be a Chief Charity Commissioner and two other commissioners.E+W

(2)Two at least of the commissioners shall be persons who have a seven year general qualification within the meaning of section 71 of the M1Courts and Legal Services Act 1990.

(3)The chief commissioner and the other commissioners shall be appointed by the Secretary of State, and shall be deemed for all purposes to be employed in the civil service of the Crown.

(4)There may be paid to each of the commissioners such salary and allowances as the Secretary of State may with the approval of the Treasury determine.

(5)If at any time it appears to the Secretary of State that there should be more than three commissioners, he may with the approval of the Treasury appoint not more than two additional commissioners.

2(1)The chief commissioner may, with the approval of the Treasury as to number and conditions of service, appoint such assistant commissioners and other officers and such employees as he thinks necessary for the proper discharge of the functions of the Commissioners and of the official custodian.E+W

(2)There may be paid to officers and employees so appointed such salaries or remuneration as the Treasury may determine.

3(1)The Commissioners may use an official seal for the authentication of documents, and their seal shall be officially and judicially noticed.E+W

(2)The M2Documentary Evidence Act 1868, as amended by the M3Documentary Evidence Act 1882, shall have effect as if in the Schedule to the Act of 1868 the Commissioners were included in the first column and any commissioner or assistant commissioner and any officer authorised to act on behalf of the Commissioners were mentioned in the second column.

(3)The Commissioners shall have power to regulate their own procedure and, subject to any such regulations and to any directions of the chief commissioner, any one commissioner or any assistant commissioner may act for and in the name of the Commissioners.

(4)Where the Commissioners act as a board, then—

(a)if not more than four commissioners hold office for the time being, the quorum shall be two commissioners (of whom at least one must be a person having a qualification such as is mentioned in paragraph 1(2) above); and

(b)if five commissioners so hold office, the quorum shall be three commissioners (of whom at least one must be a person having such a qualification);

and in the case of an equality of votes the chief commissioner or in his absence the commissioner presiding shall have a second or casting vote.

(5)The Commissioners shall have power to act notwithstanding any vacancy in their number.

(6)It is hereby declared that the power of a commissioner or assistant commissioner to act for and in the name of the Commissioners in accordance with sub-paragraph (3) above may, in particular, be exercised in relation to functions of the Commissioners under sections 8, 18, 19 and 63 of this Act, including functions under sections 8,18 and 19 as applied by section 80(1).

4E+WLegal proceedings may be instituted by or against the Commissioners by the name of the Charity Commissioners for England and Wales, and shall not abate or be affected by any change in the persons who are the commissioners.

Sections 3 and 96.

SCHEDULE 2E+W Exempt Charities

The following institutions, so far as they are charities, are exempt charities within the meaning of this Act, that is to say—

Section 13.

SCHEDULE 3E+W Enlargement of Areas of Local Charities

Section 15.

SCHEDULE 4E+W Court’s Jurisdiction over Certain Charities Governed by or under Statute

1The court may by virtue of section 15(3) of this Act exercise its jurisdiction with respect to charities—

(a)in relation to charities established or regulated by any provision of the M9Seamen’s Fund Winding-up Act 1851 which is repealed by the M10Charities Act 1960;

(b)in relation to charities established or regulated by schemes under the Endowed Schools Act 1869 to 1948, or section 75 of the M11Elementary Education Act 1870 or by schemes given effect under section 2 of the M12Education Act 1973;

(c)in relation to allotments regulated by sections 3 to 9 of the M13Poor Allotments Management Act 1873;

(d)in relation to fuel allotments, that is to say, land which, by any enactment relating to inclosure or any instrument having effect under such an enactment, is vested in trustees upon trust that the land or the rents and profits of the land shall be used for the purpose of providing poor persons with fuel;

(e)in relation to charities established or regulated by any provision of the M14Municipal Corporations Act 1883 which is repealed by the Charities Act 1960 or by any scheme having effect under any such provision;

(f)in relation to charities regulated by schemes under the M15London Government Act 1899;

(g)in relation to charities established or regulated by orders or regulations under section 2 of the M16Regimental Charitable Funds Act 1935;

(h)in relation to charities regulated by section 79 of this Act, or by any such order as is mentioned in that section.

2E+WNotwithstanding anything in section 19 of the M17Commons Act 1876 a scheme for the administration of a fuel allotment (within the meaning of the foregoing paragraph) may provide—

(a)for the sale or letting of the allotment or any part thereof, for the discharge of the land sold or let from any restrictions as to the use thereof imposed by or under any enactment relating to inclosure and for the application of the sums payable to the trustees of the allotment in respect of the sale or lease; or

(b)for the exchange of the allotment or any part thereof for other land, for the discharge as aforesaid of the land given in exchange by the said trustees, and for the application of any money payable to the said trustees for equality of exchange; or

(c)for the use of the allotment or any part thereof for any purposes specified in the scheme.

Section 36(2).

SCHEDULE 5E+W Meaning of “connected person” for purposes of section 36(2)

1E+WIn section 36(2) of this Act “connected person”, in relation to a charity, means—

(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 of any person falling within any of sub-paragraphs (a) to (d) above;

(f)an institution which is controlled—

(i)by any person falling within any of sub-paragraphs (a) to (e) above, or

(ii)by two or more such persons taken together; or

(g)a body corporate in which—

(i)any connected person falling within any of sub-paragraphs (a) to (f) above has a substantial interest, or

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

2(1)In paragraph 1(c) above “child” includes a stepchild and an illegitimate child.E+W

(2)For the purposes of paragraph 1(e) above a person living with another as that person’s husband or wife shall be treated as that person’s spouse.

3E+WFor the purposes of paragraph 1(f) above a person controls an institution if he is able to secure that the affairs of the institution are conducted in accordance with his wishes.

4(1)For the purposes of paragraph 1(g) above any such connected person as is there mentioned has a substantial interest in a body corporate if the person or institution in question—E+W

(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 Part I of Schedule 13 to the M18Companies Act 1985 (rules for interpretation of certain provisions of that Act) shall apply for the purposes of sub-paragraph (1) above as they apply for the purposes of section 346(4) of that Act (“connected persons” etc).

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

Section 98(1).

SCHEDULE 6U.K. Consequential Amendments

The Places of Worship Registration Act 1855 (c.81)U.K.

1(1)Section 9 of the Places of Worship Registration Act 1855 shall be amended as follows.U.K.

(2)For “subsection (4) of section four of the Charities Act 1960” there shall be substituted “ subsection (5) of section 3 of the Charities Act 1993 ”.

(3)At the end there shall be added—

“(2)Section 89 of the said Act of 1993 (provisions as to orders under that Act) shall apply to any order under paragraph (b) above as it applies to orders under that Act.”

The Open Spaces Act 1906 (c.25)U.K.

2U.K.At the end of section 4 of the Open Spaces Act 1906 there shall be added—

“(4)Section 89 of the Charities Act 1993 (provisions as to orders under that Act) shall apply to any order of the Charity Commissioners under this section as it applies to orders made by them under that Act.”

The New Parishes Measure 1943 (No. 1)U.K.

3(1)The New Parishes Measure 1943 shall be amended as follows.U.K.

(2)In subsection (1)(b) of section 14 for “the Charities Act 1960” there shall be substituted “ the Charities Act 1993 ”.

(3)At the end of that section there shall be added—

“(4)Section 89 of the Charities Act 1993 (provisions as to orders under that Act) shall apply to any order under section (1)(b) above as it applies to orders under that Act.”

(4)In section 31 for “the Charities Act 1960” there shall be substituted “ the Charities Act 1993 ”.

The Clergy Pensions Measure 1961 (No. 3)U.K.

4U.K.In section 33 of the Clergy Pensions Measure 1961 for “section 32 of the Charities Act 1992” and “the Charities Act 1960” there shall be substituted respectively “ section 36 of the Charities Act 1993 ” and “ that Act ”.

The Finance Act 1963 (c.25)U.K.

5In section 65(2) of the Finance Act 1963 at the end of paragraph (a) there shall be added “ or to any common investment scheme under section 24 or any common deposit scheme under section 25 of the Charities Act 1993; ”.

The Cathedrals Measure 1963 (No. 2)U.K.

6(1)The Cathedrals Measure 1963 shall be amended as follows.U.K.

(2)In section 20(2)(iii) for “section 32 of the Charities Act 1992” there shall be substituted “ section 36 of the Charities Act 1993 ”.

(3)In section 51 for “the Charities Act 1960” there shall be substituted “ the Charities Act 1993 ”.

The Incumbents and Churchwardens (Trusts) Measure 1964 (No.2)U.K.

7U.K.In section 1 of the Incumbents and Churchwardens (Trusts) Measure 1964 for “subsection (3) of section forty-five of the Charities Act 1960” there shall be substituted “ section 96(3) of the Charities Act 1993 ”.

The Leasehold Reform Act 1967 (c.88)U.K.

8U.K.In section 23(4) of the Leasehold Reform Act 1967 for “section 32 of the Charities Act 1992” there shall be substituted “ section 36 of the Charities Act 1993 ”.

The Greater London Council (General Powers) Act 1968 (c.xxxix)U.K.

9U.K.In section 43 of the Greater London Council(General Powers) Act 1968, in the definition of “night cafeg”, for “section 4 of the Charities Act 1960” and “subsection (4) thereof” there shall be substituted respectively “ section 3 of the Charities Act 1993 ” and “ subsection (5) thereof ”.

The Redundant Churches and other Religious Buildings Act 1969 (c.22)U.K.

10(1)The Redundant Churches and other Religious Buildings Act 1969 shall be amended as follows.U.K.

(2)In subsection (6) of section 4 for “section 18 of the Charities Act 1960” there shall be substituted “ section 16 of the Charities Act 1993 ”.

(3)In subsection (7) of that section for “subsection (4) of section 18 of that Act” there shall be substituted “ subsection (4) of section 16 of that Act ”.

(4)In subsection (8) of that section for “section 18 of the Charities Act 1960” and (where next occurring) “section 18” there shall be substituted respectively “ section 16 of the Charities Act 1993 ” and “ section 16 ” and for “section 21” there shall be substituted “ section 20 ”.

(5)In subsection (13) of that section for “sections 45 and 46 of the Charities Act 1960” there shall be substituted “ sections 96 and 97 of the Charities Act 1993 ”.

(6)In section 7(2) for “the Charities Act 1960” and “section 23” there shall be substituted respectively “ the Charities Act 1993 ” and “ section 26 ”.

The Sharing of Church Buildings Act 1969 (c.38)U.K.

11(1)The Sharing of Church Buildings Act 1969 shall be amended as follows.U.K.

(2)In section 2(4) for “the Charities Act 1960” there shall be substituted “ the Charities Act 1993 ”.

(3)In subsection (1) of section 8 for “the Charities Act 1960” there shall be substituted “ the Charities Act 1993 ”.

(4)In subsection (2) of that section for “section 45(2) of the Charities Act 1960” there shall be substituted “ section 96(2) of the Charities Act 1993 ”.

(5)In subsection (3) of that section for “Section 32 of the Charities Act 1992” there shall be substituted “ Section 36 of the Charities Act 1993 ”.

The Local Government Act 1972 (c.70)U.K.

12(1)The Local Government Act 1972 shall be amended as follows.U.K.

(2)In sections 11(3)(c) and 29(3)(c) for “section 37 of the Charities Act 1960” there shall be substituted “ section 79 of the Charities Act 1993 ”.

(3)In sections 123(6) and 127(4) for “the Charities Act 1960” there shall be substituted “ the Charities Act 1993 ”.

(4)In section 131(3) for “section 32 of the Charities Act 1992” and “section 32(9)(a) of that Act” there shall be substituted respectively “ section 36 of the Charities Act 1993 ” and “ section 36(9)(a) of that Act ”.

The Fire Precautions (Loans) Act 1973 (c.11)U.K.

13U.K.In section 1(7) of the Fire Precautions (Loans) Act 1973 for “Section 34 of the Charities Act 1992” there shall be substituted “ Section 38 of the Charities Act 1993 ”.

The Theatres Trust Act 1976 (c.27)U.K.

14U.K.In section 2(2)(d) of the Theatres Trust Act 1976 for “sections 32 and 34 of the Charities Act 1992” there shall be substituted “ sections 36 and 38 of the Charities Act 1993 ”.

The Interpretation Act 1978 (c.30)U.K.

15U.K.In Schedule 1 to the Interpretation Act 1978, in the definition of “Charity Commissioners” for “section 1 of the Charities Act 1960” there shall be substituted “ section 1 of the Charities Act 1993 ”.

The Reserve Forces Act 1980 (c.9)U.K.

16(1)Section 147 of the Reserve Forces Act 1980 shall be amended as follows.

(2)In subsection (4) for “section 28 of the Charities Act 1960” there shall be substituted “ section 33 of the Charities Act 1993 ”.

(3)In subsection (5) for “section 28(5) of that Act of 1960” there shall be substituted “ section 33(5) of that Act of 1993 ”.

(4)In subsection (7) for “section 18 of the Charities Act 1960” there shall be substituted “ section 16 of the Charities Act 1993 ”.

(5)In subsection (10)(b) for “the Charities Act 1960” there shall be substituted “ the Charities Act 1993 ”.

The Disused Burial Grounds (Amendment) Act 1981 (c.18)U.K.

17U.K.In section 6 of the Disused Burial Grounds (Amendment) Act 1981 for “section 13(5) of the Charities Act 1960” there shall be substituted “ section 13(5) of the Charities Act 1993 ”.

The Pastoral Measure 1983 (No. 1)U.K.

18(1)The Pastoral Measure 1983 shall be amended as follows.U.K.

(2)In section 55(1) for “the Charities Act 1960” and “section 45(2)(b)” there shall be substituted “ the Charities Act 1993 ” and “ section 96(2)(c) ”.

(3)In section 63(3) for “the Charities Act 1960” there shall be substituted “ the Charities Act 1993 ”.

(4)In section 87(1) for “section 45 of the Charities Act 1960” there shall be substituted “ section 96 of the Charities Act 1993 ”.

(5)In paragraphs 11(6) and 16(1)(e) of Schedule 3 for “section 18 of the Charities Act 1960” there shall be substituted “ section 16 of the Charities Act 1993 ”.

The Rates Act 1984 (c.33)U.K.

19U.K.In section 3(9) of the Rates Act 1984 for “section 4 of the Charities Act 1960” there shall be substituted “ section 3 of the Charities Act 1993 ”.

The Companies Act 1985 (c.6)U.K.

20(1)The Companies Act 1985 shall be amended as follows.U.K.

(2)In sections 35(4) and 35A(6) for “section 30B(1) of the Charities Act 1960” there shall be substituted “ section 65(1) of the Charities Act 1993 ”.

(3)In section 209(1)(c) and paragraph 11(b) of Schedule 13 after “the Charities Act 1960” there shall be inserted “ or section 24 or 25 of the Charities Act 1993 ”.

The Housing Associations Act 1985 (c.69)U.K.

21(1)The Housing Associations Act 1985 shall be amended as follows.

(2)In section 10(1) for “sections 32 and 34 of the Charities Act 1992” there shall be substituted “ sections 36 and 38 of the Charities Act 1993 ”.

(3)In section 26(2) for the words from “section 8” onwards there shall be substituted “ sections 41 to 45 of the Charities Act 1993 (charity accounts) ”.

(4)In section 35(2)(c) for “section 32 of the Charities Act 1992” there shall be substituted “ section 36 of the Charities Act 1993 ”.

(5)In section 38—

(a)in paragraph (a) for “the Charities Act 1960” there shall be substituted “ the Charities Act 1993 ”;

(b)in paragraph (b) for “section 4 of that Act” there shall be substituted “ section 3 of that Act ”.

The Financial Services Act 1986 (c.60)U.K.

22U.K.In section 45(1)(j) of the Financial Services Act 1986 after “the Charities Act 1960” there shall be inserted “ , section 24 or 25 of the Charities Act 1993 ”.

The Coal Industry Act 1987 (c.3)U.K.

23(1)In section 5 of the Coal Industry Act 1987 for subsection (8) there shall be substituted—U.K.

“(8)Sections 16(3), (9), (11) to (14), 17(1) to (5) and (7) and 20 of the Charities Act 1993 shall apply in relation to the powers of the Charity Commissioners and the making of schemes under this section as they apply in relation to their powers and the making of schemes under that Act and sections 89, 91 and 92 of that Act shall apply to orders and decisions under this section as they apply to orders and decisions under that Act.”

(2)In subsection (8A) of that section for “section 29” (in both places) there shall be substituted “ section 17 ”.

The Reverter of Sites Act 1987 (c.15)U.K.

24U.K.In section 4(4) of the Reverter of Sites Act 1987 for “sections 40, 40A and 42 of the Charities Act 1960” there shall be substituted “ sections 89, 91 and 92 of the Charities Act 1993 ”.

The Income and Corporation Taxes Act 1988 (c.1)U.K.

25U.K.In Schedule 20 to the Income and Corporation Taxes Act 1988—

(a)in paragraph 3 after “the Charities Act 1960” there shall be inserted “ , section 24 of the Charities Act 1993 ”;

(b)in paragraph 3A after “the Charities Act 1960” there shall be inserted “ or section 25 of the Charities Act 1993 ”.

The Courts and Legal Services Act 1990 (c.41)U.K.

26U.K.In Schedule 11 to the Courts and Legal Services Act 1990, in the reference to a Charity Commissioner, for “under the First Schedule to the Charities Act 1960” there shall be substituted “ as provided in Schedule 1 to the Charities Act 1993 ”.

The London Local Authorities Act 1990 (c.vii)U.K.

27U.K.In section 4 of the London Local Authorities Act 1990, in the definition of “night cafeg”, for “section 4 of the Charities Act 1960” and “subsection (4) thereof” there shall be substituted respectively “ section 3 of the Charities Act 1993 ” and “ subsection (5) thereof ”.

The London Local Authorities Act 1991 (c.xiii)U.K.

28U.K.In section 4 of the London Local Authorities Act 1991, in the definition of “establishment for special treatment”, for “section 4 of the Charities Act 1960” and “subsection (4) of that section” there shall be substituted respectively “ section 3 of the Charities Act 1993 ” and “ subsection (5) of that section ”.

The Charities Act 1992 (c.41)U.K.

29(1)The Charities Act 1992 shall be amended as follows.U.K.

(2)In section 29(2)(b) after “Act” there shall be inserted “ or section 18 of the Charities Act 1993 ”.

(3)In section 30(1)(b) after “Act” there shall be inserted “ or section 22(1) of the Charities Act 1993 ”.

(4)In section 30(3)(a) after “Act” there shall be inserted “ or section 18 of the Charities Act 1993 ”.

(5)In section 58(1), in the definition of “charity” for “the Charities Act 1960” there shall be substituted “ the Charities Act 1993 ” and in the definition of “company” for the words after “section” there shall be substituted “ 97 of the Charities Act 1993 ”.

(6)In section 63(2) for “section 4 of the Charities Act 1960” there shall be substituted “ section 3 of the Charities Act 1993 ”.

(7)In section 72 for subsection (5) there shall be substituted—

“(5)Section 89(1), (2) and (4) of the Charities Act 1993 (provisions as to orders made by the Commissioners) shall apply to an order made by them under this section as it applies to an order made by them under that Act.

(6)In this section “charity” and “charitable purposes” have the same meaning as in that Act.”

(8)In section 74 after subsection (3) there shall be inserted—

“(3A)Any person who knowingly or recklessly provides the Commissioners with information which is false or misleading in a material particular shall be guilty of an offence if the information is provided in circumstances in which he intends, or could reasonably be expected to know, that it would be used by them for the purpose of discharging their functions under section 72.

(3B)A person guilty of an offence under subsection (3A) shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction or indictment, to imprisonment for a term not exceeding two years or to a fine, or both.”

Other amendmentsU.K.

30In the following provisions for “the Charities Act 1960” there shall be substituted “ the Charities Act 1993 ”

• The M19National Health Service Reorganisation Act 1973 section 30(5).

• The M20Consumer Credit Act 1974 section 189(1).

• The M21Rent (Agriculture) Act 1976 section 5(3)(f).

• The M22Rent Act 1977 section 15(2)(b).

• The M23National Health Service Act 1977 section 96(2).

• The M24Dioceses Measure 1978 section 19(4).

• The M25Ancient Monuments and Archaeological Areas Act 1979 section 49(3).

• The M26Greater London Council (General Powers) Act 1984 section 10(2)(n).

• The M27Local Government Act 1985 section 90(4).

• The M28Housing Act 1985 sections 525 and 622.

• The M29Landlord and Tenant Act 1987 section 60(1).

• The M30Education Reform Act 1988 sections 128(5) and 192(11).

• The M31Copyright, Designs and Patents Act 1988 Schedule 6 paragraph 7.

• The M32Housing Act 1988 Schedule 2 Part I Ground 6.

• The M33University of Wales College of Cardiff Act 1988 section 9.

• The M34Imperial College Act 1988 section 10.

• The M35Local Government and Housing Act 1989 section 138(1).

Section 98(2).

SCHEDULE 7U.K. Repeals

Section 99(3), (4).

SCHEDULE 8E+W Transitional Provisions

Part IE+W Provisions Applying Pending Coming Into Force of Part VI etc.

1E+WIn the M36Charities Act 1960—

• section 8

• section 32

• Part V so far as relevant to those sections.

2E+WIn the M37Charities Act 1985

• section 1

• sections 6 and 7 so far as relevant to section 1.

Part IIE+W Provisions Applying Pending Coming Into Force of “Financial Year” Regulations

Section 5E+W

In section 5(1) of this Act “financial year”—

(a)in relation to a charity which is a company, shall be construed in accordance with section 223 of the M38Companies Act 1985;

(b)in relation to any other charity, means any period in respect of which an income and expenditure account is required to be prepared whether under section 32 of the M39Charities Act 1960 or by or under the authority of any other Act, whether that period is a year or not.

Sections 74 and 75E+W

In sections 74(1)(a) and 75(1)(b) of this Act “financial year” means any period in respect of which an income and expenditure account is required to be prepared whether under section 32 of the Charities Act 1960 or by or under the authority of any other Act, whether that period is a year or not.

TABLE OF DERIVATIONSU.K.

Note: The following abbreviations are used in this Table—