Charities Act 1993 (repealed) (1993 c. 10)

Part I The Charity Commission and the Official Custodian for Charities

1 The Charity Commisioners.

1A The Charity Commission

1B The Commission's objectives

1C The Commission's general functions

1D The Commission's general duties

1E The Commission's incidental powers

2 The official custodian for charities.

Part 1A The ... Tribunal

2A The ...Tribunal

2B Practice and procedure

2C Appeal from Tribunal

2D Intervention by Attorney General

Part II Registration and Names of Charities

Registration of charities

3 Register of charities

3A Registration of charities

3B Duties of trustees in connection with registration

4 Effect of, and claims and objections to, registration.

5 Status of registered charity (other than small charity) to appear on official publications etc.

Charity names

6 Power of Commission to require charity’s name to be changed.

7 Effect of direction under s. 6 where charity is a company.

Part III Information Powers

8 General power to institute inquiries.

9 Power to call for documents and search records.

10 Disclosure of information to Commission

10A Disclosure of information by Commission

10B Disclosure to and by principal regulators of exempt charities

10C Disclosure of information: supplementary

11 Supply of false or misleading information to Commission , etc.

12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV Application of Property Cy-près and Assistance and Supervision of Charities by Court and Commission

Extended powers of court and variation of charters

13 Occasions for applying property cy-près.

14 Application cy-près of gifts of donors unknown or disclaiming.

14A Application cy-près of gifts made in response to certain solicitations

14B Cy-près schemes

15 Charities governed by charter, or by or under statute.

Powers of Commission to make schemes and act for protection of charities et ceteralaetc.

16 Concurrent jurisdiction with High Court for certain purposes.

17 Further powers to make schemes or alter application of charitable property.

18 Power to act for protection of charities.

18A Power to suspend or remove trustees etc. from membership of charity

19 Supplementary provisions relating to interim manager appointed for a charity.

19A Power to give specific directions for protection of charity

19B Power to direct application of charity property

19C Copy of order under section 18, 18A, 19A or 19B, and Commission's reasons, to be sent to charity

20 Publicity relating to schemes

20A Publicity for orders relating to trustees or other individuals

Property vested in official custodian

21 Entrusting charity property to official custodian, and termination of trust.

22 Supplementary provisions as to property vested in official custodian.

23 Divestment in the case of land subject to Reverter of Sites Act 1987.

Establishment of common investment or deposit funds

24 Schemes to establish common investment funds.

25 Schemes to establish common deposit funds.

25A Meaning of “Scottish recognised body” and “Northern Ireland charity” in sections 24 and 25

Additional powers of Commission

26 Power to authorise dealings with charity property etc.

27 Power to authorise ex gratia payments etc.

28 Power to give directions about dormant bank accounts of charities.

29 Power to give advice and guidance

29A Power to determine membership of charity

30 Powers for preservation of charity documents.

31 Power to order taxation of solicitor’s bill.

31A Power to enter premises

Legal proceedings relating to charities

32 Proceedings by Commission

33 Proceedings by other persons.

34 Report of s. 8 inquiry to be evidence in certain proceedings.

Meaning of “trust corporation”

35 Application of provisions to trust corporations appointed under s. 16 or 18.

Part V Charity Land

36 Restrictions on dispositions.

37 Supplementary provisions relating to dispositions.

38 Restrictions on mortgaging.

39 Supplementary provisions relating to mortgaging.

40 Release of charity rentcharges.

Part VI Charity Accounts, Reports and Returns

41 Duty to keep accounting records.

42 Annual statements of accounts.

43 Annual audit or examination of charity accounts.

43A Annual audit or examination of English National Health Service charity accounts

43B Annual audit or examination of Welsh National Health Service charity accounts

44 Supplementary provisions relating to audits etc.

44A Duty of auditors etc. to report matters to Commission

45 Annual reports.

46 Special provision as respects accounts and annual reports of exempt and other excepted charities.

47 Public inspection of annual reports etc.

48 Annual returns by registered charities.

49 Offences

49A Group accounts

Part VII Incorporation of Charity Trustees

50 Incorporation of trustees of a charity.

51 Estate to vest in body corporate.

52 Applications for incorporation.

53 Nomination of trustees, and filling up vacancies.

54 Liability of trustees and others, notwithstanding incorporation.

55 Certificate to be evidence of compliance with requirements for incorporation.

56 Power of Commission to amend certificate of incorporation.

57 Records of applications and certificates.

58 Enforcement of orders and directions.

59 Gifts to charity before incorporation to have same effect afterwards.

60 Execution of documents by incorporated body.

61 Power of Commission to dissolve incorporated body.

62 Interpretation of Part VII.

Part VIII Charitable Companies

63 Winding up.

64 Alteration of objects....

65 Invalidity of certain transactions.

66 Consent of Commission required for approval etc by members of charitable companies

66A Consent of Commission required for certain acts of charitable company

67 Name to appear on correspondence etc.

68 Requirement to disclose charitable status

68ZA. Civil consequences of failure to make required disclosure

68ZB. Criminal consequences of failure to make required disclosure

68A Duty of charity’s auditors etc. to report matters to Commission

69 Investigation of accounts.

Part 8A Charitable incorporated organisations

Nature and constitution

69A Charitable incorporated organisations

69B Constitution

69C Name and status

69CA. Civil consequences of failure to disclose name and status

69D Offences connected with name and status

Registration

69E Application for registration

69F Effect of registration

Conversion, amalgamation and transfer

69G Conversion of charitable company or registered industrial and provident society

69H Conversion: consideration of application

69I Conversion: supplementary

69J Conversion of community interest company

69K Amalgamation of CIOs

69L Amalgamation: supplementary

69M Transfer of CIO's undertaking

Winding up, insolvency and dissolution

69N Regulations about winding up, insolvency and dissolution

Miscellaneous

69O Power to transfer all property of unincorporated charity to one or more CIOs

69P Further provision about CIOs

69Q Regulations

Part IX Miscellaneous

Powers of investment

70 Relaxation of restrictions on wider-range investments.

71 Extension of powers of investment.

Charity trustees

72 Persons disqualified for being trustees of a charity.

73 Person acting as charity trustee while disqualified.

73A Remuneration of trustees etc. providing services to charity

73B Supplementary provisions for purposes of section 73A

73C Disqualification of trustee receiving remuneration under section 73A

73D Power to relieve trustees, auditors etc. from liability for breach of trust or duty

73E Court's power to grant relief to apply to all auditors etc. of charities which are not companies

73F Trustees' indemnity insurance

Miscellaneous powers o charities

74 Power to transfer all property of unincorporated charity

74A Resolution not to take effect or to take effect at later date

74B Transfer where charity has permanent endowment

74C Power to replace purposes of unincorporated charity

74D Power to modify powers or procedures of unincorporated charity

75 Power of unincorporated charities to spend capital: general

75A Power of larger unincorporated charities to spend capital given for particular purpose

75B Power to spend capital subject to special trusts

Mergers

75C Register of charity mergers

75D Register of charity mergers: supplementary

75E Pre-merger vesting declarations

75F Effect of registering charity merger on gifts to transferor

Local charities

76 Local authority’s index of local charities.

77 Reviews of local charities by local authority.

78 Co-operation between charities, and between charities and local authorities.

79 Parochial charities.

Scottish charities

80 Supervision by Commission of certain Scottish charities.

Administrative provisions about charities

81 Manner of giving notice of charity meetings, etc.

82 Manner of executing instruments.

83 Transfer and evidence of title to property vested in trustees.

Part X Supplementary

84 Supply by Commission of copies of documents open to public inspection.

85 Fees and other amounts payable to Commission

86 Regulations and orders.

86A Consultation by Commission before exercising powers in relation to exempt charity

87 Enforcement of requirements by order of Commission .

88 Enforcement of orders of Commission

89 Other provisions as to orders of Commission

90 Directions of the Commission

91 Service of orders and directions.

92 Appeals from Commissioners.

93 Miscellaneous provisions as to evidence.

94 Restriction on institution of proceedings for certain offences.

95 Offences by bodies corporate.

96 Construction of references to a “charity” or to particular classes of charity.

97 General interpretation.

98 Consequential amendments and repeals.

99 Commencement and transitional provisions.

100 Short title and extent.

SCHEDULES

SCHEDULE 1 Constitution etc. of Charity Commissioners

SCHEDULE 1A The Charity Commission

Membership

Terms of appointment and remuneration

Staff

Committees

Procedure etc.

Performance of functions

Evidence

Execution of documents

Annual report

Annual public meeting

SCHEDULE 1B The Charity Tribunal

Membership

Deputy President

Terms of appointment

Retirement etc.

Remuneration etc.

Staff and facilities

Panels

Practice and procedure

SCHEDULE 1C Appeals and applications to ... Tribunal

Appeals: general

Appeals: orders under section 9

Reviewable matters

Reviews

Interpretation: remission of matters to Commission

Power to amend Table etc.

SCHEDULE 1D References to ... Tribunal

References by Commission

References by Attorney General

Powers of Commission in relation to matters referred to Tribunal

Suspension of time limits while reference in progress

Agreement for Commission to act while reference in progress

Appeals and applications in respect of matters determined on references

Interpretation

SCHEDULE 2 Exempt Charities

SCHEDULE 3 Enlargement of Areas of Local Charities

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

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

SCHEDULE 5A Group Accounts

Interpretation

Accounting records

Preparation of group accounts

Exceptions relating to requirement to prepare group accounts

Preservation of group accounts

Audit of accounts of larger groups

Examination of accounts of smaller groups

Supplementary provisions relating to audits etc.

Duty of auditors etc. to report matters to Commission

Annual reports

Excepted charities

Exempt charities

Public inspection of annual reports etc.

Offences

Aggregate gross income

SCHEDULE 5B Further provision about Charitable Incorporated Organisations

Powers

Constitutional requirements

Third parties

Duties

Personal benefit and payments

Procedure

Amendment of constitution

Registration and coming into effect of amendments

SCHEDULE 6 Consequential Amendments

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

The Open Spaces Act 1906 (c.25)

The New Parishes Measure 1943 (NumberNo. 1)

The Clergy Pensions Measure 1961 (NumberNo. 3)

The Finance Act 1963 (c.25)

The Cathedrals Measure 1963 (NumberNo. 2)

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

The Leasehold Reform Act 1967 (c.88)

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

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

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

The Local Government Act 1972 (c.70)

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

The Theatres Trust Act 1976 (c.27)

The Interpretation Act 1978 (c.30)

The Reserve Forces Act 1980 (c.9)

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

The Pastoral Measure 1983 (NumberNo. 1)

The Rates Act 1984 (c.33)

The Companies Act 1985 (c.6)

The Housing Associations Act 1985 (c.69)

The Financial Services Act 1986 (c.60)

The Coal Industry Act 1987 (c.3)

The Reverter of Sites Act 1987 (c.15)

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

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

The London Local Authorities Act 1990 (c.vii)

The London Local Authorities Act 1991 (c.xiii)

The Charities Act 1992 (c.41)

Other amendments

SCHEDULE 7 Repeals

SCHEDULE 8 Transitional Provisions

Part I Provisions Applying Pending Coming Into Force of Part VI etc.

Part II Provisions Applying Pending Coming Into Force of “Financial Year” Regulations

Section 5

Sections 74 and 75