Section 6 Interpretation.

England and Wales

(1)

References in this Act to a local charity for the relief of poverty are to a registered charity, not being an ecclesiastical charity, having the following characteristics—

(a)

the sole or primary object of the charity is the relief of poverty (within any meaning given to that expression under the law of charitable trusts, as applied for the time being), and

(b)

it is established for purposes which are by their nature or by the trusts of the charity directed wholly or mainly to the benefit of a particular area in England and Wales (in this section referred to as “the area of benefit”), and—

(i)

the area of benefit is, or falls wholly within, the area of not more than five adjoining parishes or of one county or of Greater London, or

(ii)

the area that would have been the area of benefit when the charity was originally established was, or fell wholly within, the area of one or more parishes specified in the trusts.

(2)

In this Act “appropriate local authority”, in relation to a local charity for the relief of poverty, means any local authority for an area which is the area of benefit or within which the whole or any part of the area of benefit falls, being the council of a non-metropolitan county, metropolitan district or London borough or the Common Council of the City of London.

(3)

In this Act—

(a)

“accounting period” means a period of not more than 15 months or less than 12 months;

(b)

“the Act of 1960” means the M1Charities Act 1960;

(c)

“parish” includes ecclesiastical and local government parish and, in Wales, a community under the M2Local Government Act 1972;

(d)

“registered” means registered in the register of charities maintained by the Commissioners under Part II of the Act of 1960;

(e)

any reference to the trustees of a charity is to the persons having the general control and management of its administration;

and (subject as above) sections 45 and 46 of the Act of 1960 (interpretation) have effect for the purposes of this Act as they have effect for the purposes of that Act.

Annotations

Marginal citations

M1: 1960 c. 58.
M2: 1972 c. 70.

Notes on the whole Act

Textual amendments

F1: Act repealed (1.9.1992 except s.1) by Charities Act 1992 (c. 41), ss. 78(2), 79(2), Sch. 7; s. 1 repealed (1.3.1996) by 1993 c. 10, ss. 98(2), 99(2)(3), Sch. 7, Sch. 8 Pt. I para. 1; S.I. 1995/2695, arts.2,3