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The Charities Act 1992 (Commencement No. 1 and Transitional Provisions) Order 1992
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Statutory Instruments
1992 No. 1900 (C.64)
CHARITIES
The Charities Act 1992 (Commencement No. 1 and Transitional Provisions) Order 1992
Made
28th July 1992
In exercise of the powers conferred upon me by sections 77(3) and 79(2) of the Charities Act 1992(1), I hereby make the following Order:
1.—(1) This Order may be cited as the Charities Act 1992 (Commencement No. 1 and Transitional Provisions) Order 1992.
(2) In this Order—
“the 1992 Act ” means the Charities Act 1992, and
“the 1960 Act ” means the Charities Act 1960(2).
2.—(1) Subject to paragraphs (2) to (5) below, the provisions of the 1992 Act which are specified in Schedule 1 to this Order shall come into force on 1st September 1992.
(2) Without prejudice to sections 16 and 17 of the Interpretation Act 1978(3), nothing in the commencement of section 6(6) of the 1992 Act, which omits section 6(9) of the 1960 Act, or section 54(2) of the 1992 Act, or the commencement of the repeal of the said section 6(9) by Schedule 7 to the 1992 Act shall have effect for the purposes of offences committed or alleged to have been committed under the said section 6(9) before 1st September 1992.
(3) Until such time as the definition of “financial year ” in section 1(1) of the 1992 Act comes into force (together with the regulations which are to be made by virtue of section 20(2) of that Act and which are referred to in paragraph (b) of that definition), the expression “financial year ” in sections 43(1) and 44(1) of the 1992 Act means any period in respect of which an income and expenditure account is required to be prepared whether under section 32 of the 1960 Act or by or under the authority of any other Act, whether that period is a year or not.
(4) The commencement of paragraph 3 of Schedule 3 to the 1992 Act (which replaces section 9(1) to (3) of the 1960 Act with a new section 9) shall have effect as from 1st September 1992 to the extent that subsections (1) and (3) of section 9 of the 1960 Act(4) cease to have effect, but the replacement of section 9(2) by the section set out in that paragraph shall not have effect until 1st January 1993.
(5) The commencement of the repeal of the Charities Act 1985(5) by Schedule 7 to the 1992 Act shall not include section 1 of that Act of 1985 and, without prejudice to the generality of sections 16 and 17 of the Interpretation Act 1978, the commencement of the repeal of that Act of 1985 shall not have effect for the purposes of any resolution duly passed under sections 2, 3 or 4 of that Act.
3.—(1) to paragraph (2) below, the provisions of the 1992 Act which are specified in Schedule 2 to this Order shall come into force on 1st November 1992.
(2) Without prejudice to sections 16 and 17 of the Interpretation Act 1978, the amendment made by section 8(9) of the 1992 Act shall not have effect for the purposes of any offence committed or alleged to have been committed before 1st November 1992.
4.—(1) Subject to paragraphs (2) and (3) below, the provisions of the 1992 Act which are specified in Schedule 3 to this Order shall come into force on 1st January 1993.
(2) Until such time as the definition of “financial year ” in section 1(1) of the 1992 Act comes into force (together with the regulations which are to be made by virtue of section 20(2) of that Act and which are referred to in paragraph (b) of that definition), the expression “financial year ” in section 3(1) of the 1992 Act—
(a)in relation to a charity which is a company, shall be construed in accordance with section 223 of the Companies Act 1985(6); and
(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 1960 Act or by or under the authority of any other Act, whether that period is a year or not.
(3) Without prejudice to section 16 of the Interpretation Act 1978, the repeal by section 37(5) of, and Schedule 7 to, the 1992 Act of subsections (2) to (8) of section 27 of the 1960 Act shall not affect any notice to treat given prior to 1st January 1993.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
28th July 1992
Article 2
SCHEDULE 1PROVISIONS OF THE 1992 ACT COMING INTO FORCE ON 1ST SEPTEMBER 1992
| Provisions of the Act | Subject matter of provisions |
|---|---|
| Section 1 except the definitions of “financial year ”, “independent examiner ” and “special trust ” in subsection (1) and subsection (3) | Interpretation of Part I, etc. |
| Section 2 | The register of charities |
| Section 4 | Power of Commissioners to require charity’s name to be changed |
| Section 5 | Effect of a direction under s.4 where charity is a company |
| Section 6 | General power to institute inquiries |
| Section 7 | Power of Commissioners to obtain information and documents |
| Section 11 | Report of inquiry held by Commissioners to be evidence in certain proceedings |
| Section 13 | Commissioners' concurrent jurisdiction with High Court for certain purposes |
| Section 14 | Trust corporations appointed by Commissioners under 1960 Act |
| Section 16 | Common deposit funds |
| Section 17 | Power of Commissioners to authorise certain ex gratia payments etc. by charities |
| Section 29 | Divestment of charity property held by official custodian for charities |
| Section 30 | Provisions supplementary to s.29 |
| Section 31 | Divestment in the case of land subject to Reverter of Sites Act 1987 |
| Section 38 | Relaxation of restrictions on wider-range investments |
| Section 39 | Extension of powers of investment |
| Section 43 | Small charities: power to transfer all property, modify objects etc. |
| Section 44 | Small charities: power to spend capital |
| Section 47 | Minor and consequential amendments of 1960 Act |
| Section 49 | Amendment of Redundant Churches and Other Religious Buildings Act 1969 |
| Section 50 | Contributions towards maintenance etc. of almshouses |
| Section 51 | Fees and other amounts payable to Commissioners |
| Section 52 | Disclosure of information to and by Commissioners |
| Section 53 | Data protection |
| Section 54 | Supply of false or misleading information to Commissioners etc. |
| Section 55 | Restriction on institution of proceedings for certain offences |
| Section 56 | Enforcement of requirements by order of Commissioners, and other provisions as to orders made by them |
| Section 57 | Directions of the Commissioners |
| Section 75 | Offences by bodies corporate |
| Section 76 | Service of documents |
| Section 77 | Regulations and orders |
| Section 78 | Minor and consequential amendments and repeals |
| Section 79 | Short title, commencement and extent |
| So much of Schedule 1 as relates to section 4 of the 1960 Act | Sections 4 and 20 of the Charities Act 1960, as amended |
| In Schedule 3, paragraphs 1, 3, 4, 5, 6, 7, 8(b), 9, 11, 12, 14, 15, 16, 17, 18, 19, 20 and 21 | Minor and consequential amendments of Charities Act 1960 |
| Schedule 5 | Amendments of Redundant Churches and Other Religious Buildings Act 1969 |
| In Schedule 6, paragraphs 2, 10(a), 11, 12, 14, 15, 16 and 17 | Minor and consequential amendments |
| So much of Schedule 7 as is specified in the Appendix to this Schedule | Repeals |
APPENDIX TO SCHEDULE 1REPEALS TAKING EFFECT ON 1ST SEPTEMBER 1992
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 1940 c. 31 | War Charities Act 1940 | The whole Act. |
| 1948 c. 29 | National Assistance Act 1948 | Section 41. |
| 1958 c. 49 | Trading Representations (Disabled Persons) Act 1958 | Section 1(2)(b). |
| 1959 c. 72 | Mental Health Act 1959 | Section 8(3). |
| 1960 c. 58 | Charities Act 1960 | In section 4(6), the words from “and any person ” onwards. Section 6(6) and (9). Section 7(4). Section 16(2). In section 19(6), the words “or the like reference from the Secretary of State ”. In section 22, subsection (6) and, in subsection (9), the words from “, and the ” to “endowment ” (where last occurring). In section 30C(1)(c), the words “by or ”. Section 31. In section 45(3), the words “Subject to subsection (9) of section twenty-two of this Act, ”. In section 46, the words “, subject to subsection (9) of section twenty-two of this Act, ”. In Schedule 1, in paragraph 1(3), the words “Subject to sub-paragraph (6) below, ”. In Schedule 6, the entry relating to the War Charities Act 1940. |
| 1966 c. 42 | Local Government Act 1966 | In Schedule 3, in column 1 of Part II, paragraph 20. |
| 1970 c. 42 | Local Authority Social Services Act 1970 | In Schedule 1, the entry relating to section 41 of the National Assistance Act 1948. |
| 1972 c. 70 | Local Government Act 1972 | Section 210(8). |
| 1983 c. 41 | Health and Social Services and Social Security Adjudications Act 1983 | Section 30(3). |
| 1983 c. 47 | National Heritage Act 1983 | In Schedule 4, paragraphs 13 and 14. |
| 1985 c. 9 | Companies Consolidation (Consequential Provisions) Act 1985 | In Schedule 2, the entry relating to section 30(1) of the Charities Act 1960. |
| 1985 c. 20 | Charities Act 1985 | The whole Act (except section 1). |
| 1986 c. 41 | Finance Act 1986 | Section 33. |
Article 3
SCHEDULE 2PROVISIONS OF THE 1992 ACT COMING INTO FORCE ON 1ST NOVEMBER 1992
| Provisions of the Act | Subject matter of provisions |
|---|---|
| Section 8 | Power to act for protection of charities |
| Section 9 | Supplementary provisions relating to receiver and manager appointed for a charity |
| Section 10 | Additional powers exercisable by Commissioners in relation to charitable companies |
| Section 12 | Supervision by Commissioners of certain Scottish charities |
| So much of Schedule 1 as relates to section 20 of the 1960 Act | Sections 4 and 20 of the Charities Act 1960, as amended |
| In Schedule 3, paragraph 8(a) | Minor and consequential amendments of Charities Act 1960 |
Article 4
SCHEDULE 3PROVISIONS OF THE 1992 ACT COMING INTO FORCE ON 1ST JANUARY 1993
| Provisions of the Act | Subject matter of provisions |
|---|---|
| Section 3 | Status of registered charity (other than small charity) to appear on official publications etc. |
| Section 15 | Application of property cy-pre`s |
| Section 18 | Dormant bank accounts of charities |
| Section 28 | Power of Commissioners to bring proceedings with respect to charities |
| Section 32 | Restrictions on dispositions of charity land |
| Section 33 | Supplementary provisions relating to dispositions of charity land |
| Section 34 | Restrictions on mortgaging charity land |
| Section 35 | Supplementary provisions relating to mortgaging of charity land |
| Section 36 | Removal of requirements under statutory provisions for consent to dealings with charity land |
| Section 37 | Release of charity rentcharges |
| Section 40 | Charitable companies: alteration of objects clause etc. |
| Section 41 | Charitable companies: requirement of consent of Commissioners to certain acts |
| Section 42 | Charitable companies: name to appear on correspondence etc. |
| Section 45 | Persons disqualified for being trustees of a charity |
| Section 46 | Person acting as charity trustee while disqualified |
| Section 48 | Amendment of Charitable Trustees Incorporation Act 1872 |
| Schedule 2 | Meaning of “connected person” for purposes of section 32(2) |
| In Schedule 3, paragraph 10 | Minor and consequential amendments to the Charities Act 1960 |
| Schedule 4 | Amendments of Charitable Trustees Incorporation Act 1872 |
| In Schedule 6, paragraphs 1, 3, 4, 5, 6, 7, 8 and 13(1) and (3) | Minor and consequential amendments |
| So much of Schedule 7 as is specified in the Appendix to this Schedule | Repeals |
APPENDIX TO SCHEDULE 3REPEALS TAKING EFFECT ON 1ST JANUARY 1993
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 1872 c. 24 | Charitable Trustees Incorporation Act 1872 | In Section 2, the words from “; and all” onwards. In section 4, the words from “; and the appointment” onwards. In section 5, the words from “; and nothing” onwards. In section 7, the words from “; and there” onwards. The Schedule. |
| 1960 c. 58 | Charities Act 1960 | Section 27. Section 29. Section 44. |
Explanatory Note
(This note is not part of the Order)
Articles 2, 3 and 4 of this Order bring into force on 1st September 1992, 1st November 1992 and 1st January 1993 the provisions of the Charities Act 1992 which are listed in Schedules 1, 2 and 3 to this Order, respectively. The commencement of these provisions is subject to the transitional provisions and savings made in those articles.
(1)
(2)
(3)
(4)
Section 9(3) was added by section 33 of the Finance Act 1986 (c. 41). of the Companies Act 1989 (c. 40).
(5)
(6)
1985 c. 6; section 223 was substituted by section 3 of the Companies Act 1989 (c. 40).
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