Part 1Interpretation of Key Concepts

Miscellaneous

I119Non-commercial society

1

For the purposes of this Act a society is non-commercial if it is established and conducted—

a

for charitable purposes,

b

for the purpose of enabling participation in, or of supporting, sport, athletics or a cultural activity, or

c

for any other non-commercial purpose other than that of private gain.

2

In subsection (1) “charitable purposes” means—

a

in relation to England and Wales, F1purposes which are exclusively charitable purposes (as defined by section 2 of the Charities Act 2011) , and

b

in relation to Scotland, purposes which are charitable purposes only (that expression having the same meaning as in the Income Tax Acts).

3

The provision of a benefit to one or more individuals is not a provision for the purpose of private gain for the purposes of this Act if made in the course of the activities of a society that is a non-commercial society by virtue of subsection (1)(a) or (b).