"the 1960 Act" means the [1960 c. 58.] Charities Act 1960;

"financial year"—


(a)  in relation to a charity which is a company, shall be construed in accordance with section 223 of the [1985 c. 6.] Companies Act 1985; and


(b)  in relation to any other charity, shall be construed in accordance with regulations made by virtue of section 20(2);

"gross income", in relation to a charity, means its gross recorded income from all sources, including special trusts;

"independent examiner", in relation to a charity, means such a person as is mentioned in section 21(3)(a);

"the official custodian" means the official custodian for charities;

"the register" (unless the context otherwise requires) means the register of charities kept under section 4 of the 1960 Act, and "registered" shall be construed accordingly;

"special trust" means property which is held and administered by or on behalf of a charity for any special purposes of the charity, and is so held and administered on separate trusts relating only to that property.

(a)  in all notices, advertisements and other documents issued by or on behalf of the charity and soliciting money or other property for the benefit of the charity;

(b)  in all bills of exchange, promissory notes, endorsements, cheques and orders for money or goods purporting to be signed on behalf of the charity; and

(c)  in all bills rendered by it and in all its invoices, receipts and letters of credit.

(a)  it is a registered charity and its name ("the registered name")—


(i)  is the same as, or


(ii)  is in the opinion of the Commissioners too like,

the name, at the time when the registered name was entered in the register in respect of the charity, of any other charity (whether registered or not);

(b)  the name of the charity is in the opinion of the Commissioners likely to mislead the public as to the true nature—


(i)  of the purposes of the charity as set out in its trusts, or


(ii)  of the activities which the charity carries on under its trusts in pursuit of those purposes;

(c)  the name of the charity includes any word or expression for the time being specified in regulations made by the Secretary of State and the inclusion in its name of that word or expression is in the opinion of the Commissioners likely to mislead the public in any respect as to the status of the charity;

(d)  the name of the charity is in the opinion of the Commissioners likely to give the impression that the charity is connected in some way with Her Majesty's Government or any local authority, or with any other body of persons or any individual, when it is not so connected; or

(e)  the name of the charity is in the opinion of the Commissioners offensive;

(a)  shall (subject to section 26 of the Companies Act 1985 (prohibition on registration of certain names)) enter the new name on the register of companies in place of the former name, and

(b)  shall issue a certificate of incorporation altered to meet the circumstances of the case;

(a)  for the words from "may by order" to "require" there shall be substituted ", or a person appointed by them to conduct it, may direct"; and

(b)  for paragraph (b) there shall be substituted—

	"(b)  to furnish copies of documents in his custody or under his control which relate to any matter in question at the inquiry, and to verify any such copies by statutory declaration;
	(c)  to attend at a specified time and place and give evidence or produce any such documents."

(a)  sections 6 and 7,

(b)  section 20 (except subsection (1A)(ii)), and

(c)  section 20A,

(a)  a recognised body is managed or controlled wholly or mainly in or from Scotland, but

(b)  any person in England and Wales holds any property on behalf of the body or of any person concerned in its management or control,

(a)  that there has been any misconduct or mismanagement in the administration of the body; and

(b)  that it is necessary or desirable to make an order under that subsection for the purpose of protecting the property of the body or securing a proper application of such property for the purposes of the body;

(a)  any person in England and Wales holds any property on behalf of a recognised body or of any person concerned in the management or control of such a body, and

(b)  the Commissioners are satisfied (whether on the basis of such information as may be supplied to them by the Lord Advocate or otherwise)—


(i)  that there has been any misconduct or mismanagement in the administration of the body, and


(ii)  that it is necessary or desirable to make an order under this subsection for the purpose of protecting the property of the body or securing a proper application of such property for the purposes of the body,

the Commissioners may by order vest the property in such recognised body or charity as is specified in the order in accordance with subsection (5), or require any persons in whom the property is vested to transfer it to any such body or charity, or appoint any person to transfer the property to any such body or charity.

(a)  from the persons concerned in the management or control of the body, or

(b)  from the charity trustees of the charity,

(a)  for "after such advertisements and inquiries as are reasonable, cannot" there shall be substituted

	"after—
	(i)  the prescribed advertisements and inquiries have been published and made, and
	(ii)  the prescribed period beginning with the publication of those advertisements has expired,
	cannot"

(b)  for "written disclaimer" there shall be inserted "disclaimer in the prescribed form".

(a)  are informed by a relevant institution—


(i)  that it holds one or more accounts in the name of or on behalf of a particular charity ("the relevant charity"), and


(ii)  that the account, or (if it so holds two or more accounts) each of the accounts, is dormant, and

(b)  are unable, after making reasonable inquiries, to locate that charity or any of its trustees,

(a)  requires the institution concerned to transfer the amount, or (as the case may be) the aggregate amount, standing to the credit of the relevant charity in the account or accounts in question to such other charity as is specified in the direction in accordance with subsection (3); or

(b)  requires the institution concerned to transfer to each of two or more other charities so specified in the direction such part of that amount or aggregate amount as is there specified in relation to that charity.

(a)  it shall be held and applied by the charity for the purposes of the charity, but

(b)  it shall, as property of the charity, nevertheless be subject to any restrictions on expenditure to which it was subject as property of the relevant charity.

(a)  the Commissioners have been informed as mentioned in subsection (1)(a) by any relevant institution, and

(b)  before any transfer is made by the institution in pursuance of a direction under subsection (2), the institution has, by reason of any circumstances, cause to believe that the account, or (as the case may be) any of the accounts, held by it in the name of or on behalf of the relevant charity is no longer dormant,

(a)  an account is dormant if no transaction, other than—


(i)  a transaction consisting in a payment into the account, or


(ii)  a transaction which the institution holding the account has itself caused to be effected,

has been effected in relation to the account within the period of five years immediately preceding the date when the Commissioners are informed as mentioned in paragraph (a) of subsection (1);

(b)  a "relevant institution" means—


(i)  the Bank of England;


(ii)  an institution which is authorised by the Bank of England to operate a deposit-taking business under Part I of the [1987 c. 22.] Banking Act 1987;


(iii)  a building society which is authorised by the Building Societies Commission under section 9 of the [1986 c. 53.] Building Societies Act 1986 to raise money from its members; or


(iv)  such other institution mentioned in Schedule 2 to the [1987 c. 22.] Banking Act 1987 as the Secretary of State may prescribe by regulations; and

(c)  references to the transfer of any amount to a charity are references to its transfer—


(i)  to the charity trustees, or


(ii)  to any trustee for the charity,

as the charity trustees may determine (and any reference to any amount received by a charity shall be construed accordingly).

This subsection applies to accounts which are dormant accounts by virtue of subsection (8)(a) above but would not be such accounts if sub-paragraph (i) of that provision were omitted.

(a)  disclose at any time, with reasonable accuracy, the financial position of the charity at that time, and

(b)  enable the trustees to ensure that, where any statements of accounts are prepared by them under section 20(1), those statements of accounts comply with the requirements of regulations under that provision.

(a)  entries showing from day to day all sums of money received and expended by the charity, and the matters in respect of which the receipt and expenditure takes place; and

(b)  a record of the assets and liabilities of the charity.

(a)  for any such statement to be prepared in accordance with such methods and principles as are specified or referred to in the regulations;

(b)  as to any information to be provided by way of notes to the accounts;

(a)  a receipts and payments account, and

(b)  a statement of assets and liabilities,

(a)  any statement of accounts prepared by them under subsection (1), or

(b)  any account and statement prepared by them under subsection (3),

(a)  the relevant year,

(b)  the financial year of the charity immediately preceding the relevant year (if any), and

(c)  the financial year of the charity immediately preceding the year specified in paragraph (b) (if any),

(a)  is, in accordance with section 25 of the [1989 c. 40.] Companies Act 1989 (eligibility for appointment), eligible for appointment as a company auditor, or

(b)  is a member of a body for the time being specified in regulations under section 22 below and is under the rules of that body eligible for appointment as auditor of the charity.

(a)  be examined by an independent examiner, that is to say an independent person who is reasonably believed by the trustees to have the requisite ability and practical experience to carry out a competent examination of the accounts, or

(b)  be audited by such a person as is mentioned in subsection (2).

(a)  that subsection (2), or (as the case may be) subsection (3), has not been complied with in relation to a financial year of a charity within ten months from the end of that year, or

(b)  that, although subsection (2) does not apply to a financial year of a charity, it would nevertheless be desirable for the accounts of the charity for that year to be audited by such a person as is mentioned in that subsection,

(a)  the order is made by virtue of paragraph (b) of that subsection, and

(b)  the charity trustees themselves appoint an auditor in accordance with the order,

(a)  from the charity trustees of the charity concerned, who shall be personally liable, jointly and severally, for those expenses; or

(b)  to the extent that it appears to the Commissioners not to be practical to seek recovery of those expenses in accordance with paragraph (a), from the funds of the charity.

(a)  give guidance to charity trustees in connection with the selection of a person for appointment as an independent examiner;

(b)  give such directions as they think appropriate with respect to the carrying out of an examination in pursuance of subsection (3)(a);

(a)  specifying one or more bodies for the purposes of section 21(2)(b);

(b)  with respect to the duties of an auditor carrying out an audit under section 21, including provision with respect to the making by him of a report on—


(i)  the statement of accounts prepared for the financial year in question under section 20(1), or


(ii)  the account and statement so prepared under section 20(3),

as the case may be;

(c)  with respect to the making by an independent examiner of a report in respect of an examination carried out by him under section 21;

(d)  conferring on such an auditor or on an independent examiner a right of access with respect to books, documents and other records (however kept) which relate to the charity concerned;

(e)  entitling such an auditor or an independent examiner to require, in the case of a charity, information and explanations from past or present charity trustees or trustees for the charity, or from past or present officers or employees of the charity;

(f)  enabling the Commissioners, in circumstances specified in the regulations, to dispense with the requirements of section 21(2) or (3) in the case of a particular charity or in the case of any particular financial year of a charity.

(a)  to that person, or

(b)  to the charity trustees for the time being of the charity concerned,

(a)  such a report by the trustees on the activities of the charity during that year, and

(b)  such other information relating to the charity or to its trustees or officers,

(a)  for any such report as is mentioned in paragraph (a) of that subsection to be prepared in accordance with such principles as are specified or referred to in the regulations;

(b)  enabling the Commissioners to dispense with any requirement prescribed by virtue of subsection (1)(b) in the case of a particular charity or a particular class of charities, or in the case of a particular financial year of a charity or of any class of charities.

(a)  within ten months from the end of that year, or

(b)  within such longer period as the Commissioners may for any special reason allow in the case of that report.

(a)  where the accounts of the charity for that year have been audited under section 21, a copy of the report made by the auditor on that statement of accounts or (as the case may be) on that account and statement;

(b)  where the accounts of the charity for that year have been examined under section 21, a copy of the report made by the independent examiner in respect of the examination carried out by him under that section.

(a)  falls within section 4(4)(c) of the 1960 Act (certain charities with an annual income not exceeding £1,000), and

(b)  is not registered.

(a)  is excepted by section 4(4) of that Act (charities not required to be registered), and

(b)  is not registered.

(a)  such a report by the charity trustees on the activities of the charity during the year in question, and

(b)  such other information relating to the charity or to its trustees or officers,

(a)  during the period for which it is so kept; or

(b)  if the Commissioners so determine, during such lesser period as they may specify.

(a)  requests the charity trustees of a charity in writing to provide him with a copy of the charity's most recent accounts, and

(b)  pays them such reasonable fee (if any) as they may require in respect of the costs of complying with the request,

(a)  in the case of a charity other than one falling within any of paragraphs (b) to (d) below, a reference to the statement of accounts or account and statement prepared in pursuance of section 20(1) or (3) in respect of the last financial year of the charity the accounts for which have been audited or examined under section 21;

(b)  in the case of such a charity as is mentioned in section 24(2), a reference to the statement of accounts or account and statement prepared in pursuance of section 20(1) or (3) in respect of the last financial year of the charity in respect of which a statement of accounts or account and statement has or have been so prepared;

(c)  in the case of a charity which is a company, a reference to the annual accounts of the company most recently audited under Part VII of the [1985 c. 6.] Companies Act 1985; and

(d)  in the case of an exempt charity, a reference to the accounts of the charity most recently audited in pursuance of any statutory or other requirement or, if its accounts are not required to be audited, the accounts most recently prepared in respect of the charity.

(a)  by section 23(3) (taken with section 23(4) or (5), as the case may require), or

(b)  by section 25(3) or 26(2),

(a)  any land; and

(b)  any property (other than land) which is vested in him by virtue of an order of the Commissioners under section 20 of the 1960 Act (power to act for protection of charities).

(a)  provision designed to secure that the divestment required by subsection (1) is effected in stages or by means of transfers or other disposals taking place at different times;

(b)  provision requiring the official custodian to transfer any specified investments, or any specified class or description of investments, held by him in trust for a charity—


(i)  to the charity trustees or any trustee for the charity, or


(ii)  to a person nominated by the charity trustees to hold any such investments in trust for the charity;

(c)  provision requiring the official custodian to sell or call in any specified investments, or any specified class or description of investments, so held by him and to pay any proceeds of sale or other money accruing therefrom—


(i)  to the charity trustees or any trustee for the charity, or


(ii)  into any bank account kept in its name.

(a)  if an individual, he resides in England and Wales; or

(b)  if a body corporate, it has a place of business there.

(a)  to the trustees appointed to manage the common investment fund concerned; or

(b)  to any person nominated by those trustees who is authorised by or under the common investment scheme concerned to hold that fund or any part of it.

(a)  holds any relevant property in trust for a charity, but

(b)  after making reasonable inquiries is unable to locate the charity or any of its trustees,

(i)  unless the relevant property is money, sell the property and hold the proceeds of sale pending the giving by the Commissioners of a direction under subsection (8);

(ii)  if the relevant property is money, hold it pending the giving of any such direction;

(a)  to pay such amount as is held by him in accordance with that subsection to such other charity as is specified in the direction in accordance with subsection (9), or

(b)  to pay to each of two or more other charities so specified in the direction such part of that amount as is there specified in relation to that charity.

(a)  it shall be held and applied by the charity for the purposes of the charity, but

(b)  it shall, as property of the charity, nevertheless be subject to any restrictions on expenditure to which it, or (as the case may be) the property which it represents, was subject as property of the dormant charity.

(a)  in the trusts of a charity, or

(b)  in section 17(1) of the 1960 Act (supplementary provisions as to property vested in official custodian).

(a)  of the trusts of a charity, or

(b)  of any directions given by an order of the Commissioners made in connection with a transaction requiring the sanction of an order under section 29(1) of the 1960 Act (restrictions on dealing with charity property),

(a)  any provision of an order made under section 20 of the 1960 Act (power to act for protection of charities); or

(b)  any provision of any other order, or of any scheme, of the Commissioners if the provision requires trustees of a charity to make payments into an account maintained by the official custodian with a view to the accumulation of a sum as capital of the charity (whether or not by way of recoupment of a sum expended out of the charity's permanent endowment);

(a)  any land is vested in the official custodian in trust for a charity, and

(b)  it appears to the Commissioners that section 1 of the 1987 Act (right of reverter replaced by trust for sale) will, or is likely to, operate in relation to the land at a particular time or in particular circumstances,

(i)  making an order discharging the official custodian from his trusteeship of the land, and

(ii)  making such vesting orders and giving such directions as appear to them to be necessary or expedient in consequence.

(a)  section 1 of the 1987 Act has operated in relation to any land which, immediately before the time when that section so operated, was vested in the official custodian in trust for a charity, and

(b)  the land remains vested in him but on the trust arising under that section,

(i)  make an order discharging the official custodian from his trusteeship of the land, and

(ii)  (subject to the following provisions of this section) make such vesting orders and give such directions as appear to it or them to be necessary or expedient in consequence.

(a)  is made by the court under section 16(3) of the 1960 Act (discharge of official custodian), or by the Commissioners under section 18 of that Act, on the grounds that section 1 of the 1987 Act will, or is likely to, operate in relation to the land, or

(b)  is made by the court or the Commissioners under subsection (2) above,

(a)  in relation to an order made as mentioned in paragraph (a) of that subsection, the charity trustees of the charity in trust for which the land is vested in the official custodian immediately before the time when the order takes effect, or

(b)  in relation to an order made under subsection (2) above, the charity trustees of the charity in trust for which the land was vested in the official custodian immediately before the time when section 1 of the 1987 Act operated in relation to the land.

(a)  section 1 of the 1987 Act has operated in relation to any such land as is mentioned in subsection (2)(a) above, and

(b)  the land remains vested in the official custodian as mentioned in subsection (2)(b) above,

(a)  the official custodian has been discharged from his trusteeship of any land by an order under subsection (2), and

(b)  the land has, in accordance with subsection (3), been vested in the charity trustees concerned or (as the case may be) in any persons other than those trustees,

(a)  "the 1987 Act" means the [1987 c. 15.] Reverter of Sites Act 1987; and

(b)  any reference to section 1 of the 1987 Act operating in relation to any land is a reference to a trust for sale arising in relation to the land under that section.

(a)  the disposition is made to a person who is not—


(i)  a connected person (as defined in Schedule 2 to this Act), or


(ii)  a trustee for, or nominee of, a connected person; and

(b)  the requirements of subsection (3) or (5) below have been complied with in relation to it.

(a)  obtain and consider a written report on the proposed disposition from a qualified surveyor instructed by the trustees and acting exclusively for the charity;

(b)  advertise the proposed disposition for such period and in such manner as the surveyor has advised in his report (unless he has there advised that it would not be in the best interests of the charity to advertise the proposed disposition); and

(c)  decide that they are satisfied, having considered the surveyor's report, that the terms on which the disposition is proposed to be made are the best that can reasonably be obtained for the charity.

(a)  he is a fellow or professional associate of the Royal Institution of Chartered Surveyors or of the Incorporated Society of Valuers and Auctioneers or satisfies such other requirement or requirements as may be prescribed by regulations made by the Secretary of State; and

(b)  he is reasonably believed by the charity trustees to have ability in, and experience of, the valuation of land of the particular kind, and in the particular area, in question;

(a)  obtain and consider the advice on the proposed disposition of a person who is reasonably believed by the trustees to have the requisite ability and practical experience to provide them with competent advice on the proposed disposition; and

(b)  decide that they are satisfied, having considered that person's advice, that the terms on which the disposition is proposed to be made are the best that can reasonably be obtained for the charity.

(a)  any land is held by or in trust for a charity, and

(b)  the trusts on which it is so held stipulate that it is to be used for the purposes, or any particular purposes, of the charity,

(i)  given public notice of the proposed disposition, inviting representations to be made to them within a time specified in the notice, being not less than one month from the date of the notice; and

(ii)  taken into consideration any representations made to them within that time about the proposed disposition.

(a)  the disposition is to be effected with a view to acquiring by way of replacement other property which is to be held on the trusts referred to in paragraph (b) of that subsection; or

(b)  the disposition is the granting of a lease for a term ending not more than two years after it is granted (other than one granted wholly or partly in consideration of a fine).

(a)  that subsection (6) shall not apply to dispositions of land held by or in trust for a charity or class of charities (whether generally or only in the case of a specified class of dispositions or land, or otherwise as may be provided in the direction), or

(b)  that that subsection shall not apply to a particular disposition of land held by or in trust for a charity,

(a)  to any disposition for which general or special authority is expressly given (without the authority being made subject to the sanction of an order of the court) by any statutory provision contained in or having effect under an Act of Parliament or by any scheme legally established; or

(b)  to any disposition of land held by or in trust for a charity which—


(i)  is made to another charity otherwise than for the best price that can reasonably be obtained, and


(ii)  is authorised to be so made by the trusts of the first-mentioned charity; or

(c)  to the granting, by or on behalf of a charity and in accordance with its trusts, of a lease to any beneficiary under those trusts where the lease—


(i)  is granted otherwise than for the best rent that can reasonably be obtained; and


(ii)  is intended to enable the demised premises to be occupied for the purposes, or any particular purposes, of the charity.

(a)  to any disposition of land held by or in trust for an exempt charity;

(b)  to any disposition of land by way of mortgage or other security; or

(c)  to any disposition of an advowson.

(a)  any contract for the sale, or for a lease or other disposition, of land which is held by or in trust for a charity, and

(b)  any conveyance, transfer, lease or other instrument effecting a disposition of such land,

(i)  that the land is held by or in trust for a charity,

(ii)  whether the charity is an exempt charity and whether the disposition is one falling within paragraph (a), (b) or (c) of subsection (9) of section 32, and

(iii)  if it is not an exempt charity and the disposition is not one falling within any of those paragraphs, that the land is land to which the restrictions on disposition imposed by that section apply.

(a)  (where subsection (1) of that section applies) that the disposition has been sanctioned by an order of the court or of the Commissioners (as the case may be), or

(b)  (where subsection (2) of that section applies) that the charity trustees have power under the trusts of the charity to effect the disposition, and that they have complied with the provisions of that section so far as applicable to it.

(a)  any land held by or in trust for a charity is sold, leased or otherwise disposed of by a disposition to which subsection (1) or (2) of section 32 applies, but

(b)  subsection (2) above has not been complied with in relation to the disposition,

(i)  (where subsection (1) of that section applies) the disposition has been sanctioned by an order of the court or of the Commissioners, or

(ii)  (where subsection (2) of that section applies) the charity trustees have power under the trusts of the charity to effect the disposition and have complied with the provisions of that section so far as applicable to it.

(a)  any contract for the sale, or for a lease or other disposition, of land which will, as a result of the disposition, be held by or in trust for a charity, and

(b)  any conveyance, transfer, lease or other instrument effecting a disposition of such land,

(i)  that the land will, as a result of the disposition, be held by or in trust for a charity,

(ii)  whether the charity is an exempt charity, and

(iii)  if it is not an exempt charity, that the restrictions on disposition imposed by section 32 will apply to the land (subject to subsection (9) of that section).

(a)  the requirement for a conveyance of land held on charitable, ecclesiastical or public trusts to state that it is held on such trusts shall not apply to any instrument to which subsection (1) above applies; and

(b)  the requirement imposed on a purchaser, in the circumstances mentioned in section 29(1) of that Act, to see that any consents or orders requisite for authorising a transaction have been obtained shall not apply in relation to any disposition in relation to which subsection (2) above has been complied with;

(a)  the disposition to be effected by any such instrument as is mentioned in subsection (1)(b) or (5)(b) will be a registered disposition, or

(b)  any such instrument will on taking effect be an instrument to which section 123(1) of the [1925 c. 21.] Land Registration Act 1925 (compulsory registration of title) applies,

(a)  an application is duly made—


(i)  for registration of a disposition of registered land, or


(ii)  for registration of a person's title under a disposition of unregistered land, and

(b)  the instrument by which the disposition is effected contains a statement complying with subsections (5) and (7) above, and

(c)  the charity by or in trust for which the land is held as a result of the disposition is not an exempt charity,

(a)  any such restriction is entered in the register in respect of any land, and

(b)  the charity by or in trust for which the land is held becomes an exempt charity,

(a)  any registered land is held by or in trust for an exempt charity and the charity ceases to be an exempt charity, or

(b)  any registered land becomes, as a result of a declaration of trust by the registered proprietor, land held in trust for a charity (other than an exempt charity),

(a)  references to a disposition of land do not include references to—


(i)  a disposition of land by way of mortgage or other security,


(ii)  any disposition of an advowson, or


(iii)  any release of a rentcharge falling within section 37(1); and

(b)  "land" means land in England or Wales;

(a)  whether the proposed loan is necessary in order for the charity trustees to be able to pursue the particular course of action in connection with which the loan is sought by them;

(b)  whether the terms of the proposed loan are reasonable having regard to the status of the charity as a prospective borrower; and

(c)  the ability of the charity to repay on those terms the sum proposed to be borrowed.

(a)  who is reasonably believed by the charity trustees to be qualified by his ability in and practical experience of financial matters; and

(b)  who has no financial interest in the making of the loan in question;

"land" means land in England or Wales;

"mortgage" includes a charge.

(a)  that the land is held by or in trust for a charity,

(b)  whether the charity is an exempt charity and whether the mortgage is one falling within subsection (5) of section 34, and

(c)  if it is not an exempt charity and the mortgage is not one falling within that subsection, that the mortgage is one to which the restrictions imposed by that section apply;