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Regulation 40 Charities

Original text. Later amendments are not shown.

In Schedule 22 to the DMCCA, at the end insert—

“Charities

14.
(1)

A contract between a trader who is a charity (the “contracting charity”) and a consumer for the supply of goods, services or digital content to the consumer where the supply is made for purposes relating to the consumer viewing one or more of the following—

(a)

property preserved, maintained, kept or created by the contracting charity in the course of carrying out its charitable purpose;

(b)

property preserved, maintained, kept or created by a third-party charity in the course of carrying out that third-party charity’s charitable purpose;

(c)

performances or films produced or hosted by the contracting charity in the course of carrying out its charitable purpose;

(d)

performances or films produced or hosted by a third-party charity in the course of carrying out that third-party charity’s charitable purpose.

(2)

In this paragraph—

  • “charity” means a charity, institution or body which is within paragraph (a), (b) or (c); and, in relation to a charity, “charitable purpose” has the meaning given in the Act mentioned in the paragraph it is within—

    1. (a)

      a charity as defined in section 1(1) of the Charities Act 2011 (c. 25);

    2. (b)

      a charity as defined in section 1(1) of the Charities Act (Northern Ireland) 2008 (c. 12 (N.I.)), including an institution treated as such a charity for the purposes of that Act by virtue of the Charities Act 2008 (Transitional Provision) Order (Northern Ireland) 2013 (S.R. 2013 No. 211);

    3. (c)

      a body entered in the Scottish Charity Register, other than a body which no longer meets the charity test in section 7 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10);

  • “performances” includes, in particular—

    1. (a)

      scripted or unscripted dramatic or musical performance (including concerts, plays, opera, musical theatre, pantomime);

    2. (b)

      performance of dance;

    3. (c)

      a public presentation by one or more individuals intended to entertain or address an audience;

  • “property” includes, in particular—

    1. (a)

      buildings,

    2. (b)

      grounds or other land,

    3. (c)

      plants,

    4. (d)

      animals,

    5. (e)

      works of art,

    6. (f)

      artefacts, and

    7. (g)

      property of a scientific nature;

  • “third-party charity” means a charity that has an arrangement with the contracting charity to further the charitable purpose of the contracting charity.”.