This Order may be cited as the Charities Act 2006 (Commencement No. 5, Transitional and Transitory Provisions and Savings) Order 2008.

In this Order—

• “the 2006 Act” means the Charities Act 2006;

• “the Commission” means the Charity Commission;

• “company” has the meaning given by section 97(1) of the 1993 Act2;

• “enactment” includes section 36 of the Charities and Trustee Investment (Scotland) Act 20053;

• “financial year” has the meaning given by section 97(1) of the 1993 Act;

• “formerly specified educational institution” means—

  1. a

     a body to which section 23(1)(a) or (b) of the School Standards and Framework Act 19984 applies;

  2. b

     an Education Action Forum established by virtue of section 10(1) of that Act; or

  3. c

     an institution to which section 23(2) of that Act applies;

• “old section 3(2) of the 1993 Act” means section 3(2) of the 1993 Act as it was in force immediately before 31st January 20095;

• “old section 3(5) of the 1993 Act” means section 3(5) of the 1993 Act as it was in force immediately before 31st January 20096;

• “qualifying excepted charity” means a charity within section 3A(2)(b), (c) or (d) of the 1993 Act;

• “the register” and “registered” are to be construed in accordance with section 97(1) of the 1993 Act;

• “relevant date” means the day appointed for the commencement of section 9 of the 2006 Act for the purpose of inserting new section 3A(6) of the 1993 Act;

• “relevant specified institution” means a formerly specified educational institution which falls within section 3A(2)(d) of the 1993 Act.

• “transitory financial year” means, in relation to a formerly specified educational institution, a financial year which begins—

  1. a

     on or after 31st January 2009; but

  2. b

     before 1st October 2009.