Section 12 Charitable and trust corporation status of Academy proprietors etcF4

England and Wales

I1(1)

A qualifying Academy proprietor is a charity.

F1(1A)

In the definition of “trust corporation” in the provisions listed in subsection (1B), the reference to a corporation appointed by the court in any particular case to be a trustee includes a reference to a qualifying Academy proprietor.

(1B)

The provisions are—

(a)

section 117(1)(xxx) of the Settled Land Act 1925;

(b)

paragraph (18) of section 68(1) of the Trustee Act 1925;

(c)

section 205(1)(xxviii) of the Law of Property Act 1925;

(d)

section 55(1)(xxvi) of the Administration of Estates Act 1925;

(e)

section 128 of the Senior Courts Act 1981.

(2)

A “qualifying Academy proprietor” is a company—

(a)

which is limited by guarantee,

(b)

whose registered office is situated in England and Wales,

(c)

which in pursuance of Academy arrangements is the proprietor of an Academy, and

(d)

whose object as expressed in its articles or memorandum of association (or each of whose objects as so expressed) is a charitable purpose.

(3)

Expressions used in subsection (2) and in the Companies Act 2006 have the same meaning in that subsection as in that Act.

F2 I2 I3(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(5)

The setting up, establishment and running of a secure 16 to 19 Academy is to be treated as a charitable purpose that falls within the description in section 3(1)(b) of the Charities Act 2011 (advancement of education) for the purposes of—

(a)

this section,

(b)

the Charities Act 2011, and

(c)

any other enactment that applies (in whatever way) the definition of “charitable purpose” in section 2 of that Act.

(6)

But subsection (5) is to be disregarded in determining, in accordance with section 3(1)(m) of the Charities Act 2011, whether a purpose may be regarded as analogous to, or within the spirit of, a purpose falling within paragraph (b) of section 3(1) of that Act.

Annotations

Textual amendments

F1: S. 12(1A)-(1B) inserted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 14 para. 20(2); S.I. 2012/84, art. 3 (with art. 5)
F2: S. 12(4) repealed (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 10 (with s. 20(2), Sch. 8)
F3: S. 12(5)(6) inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 164(2), 208(4)(t)
F4: Words in s. 12 heading inserted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 14 para. 20(3); S.I. 2012/84, art. 3 (with art. 5)

Commencement

I1: S. 12(1)-(3) in force at 29.7.2010 by S.I. 2010/1937, art. 2, Sch. 1
I2: S. 12(4) in force at 1.1.2011 in so far as not already in force by S.I. 2010/1937, art. 4, Sch. 3
I3: S. 12(4) in force at 1.8.2011 by S.I. 2011/1149, art. 2

Notes on the whole Act

Textual amendments

F1: Ss. 1A-1D inserted (1.2.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Education Act 2011 (c. 21), ss. 53(7), 82(3); S.I. 2012/84, art. 3; S.I. 2012/924, art. 2