Section 23 Charitable status of maintained schools, etc.

(1)

The following shall be charities F1...—

(a)

the governing body of any foundation, voluntary or foundation special school; and

(b)

any foundation body established under section 21;

but no governing body of a community or community special school shall be a charity.

F2(1A)

Any body to which subsection (1)(a) or (b) applies is, as a result of its inclusion in Schedule 3 to the Charities Act 2011, an exempt charity for the purposes of that Act.

F3(2)

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

(3)

Any foundation established otherwise than under this Act which has no property other than the premises of any school or schools falling within subsection (1)(a) shall be a charity F4and is an institution which is to be treated for the purposes of section 31(3) of the Charities Act 2011 as if that provision applied to it.

(4)

In this section—

F5(a)

“institution” has the same meaning as in the Charities Act 2011;

(b)

“premises” includes a teacher’s dwelling-house.

Annotations

Textual amendments

F1: Words in s. 23(1) repealed (31.1.2009) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 194(2), Sch. 9; S.I. 2008/3267, art. 2, Sch. (with arts. 3-27) (as amended: (29.9.2009) by S.I. 2009/2648, art. 3; (26.7.2010) by S.I. 2010/1942, art. 2; and (1.8.2011) by S.I. 2011/1725, arts. 1(2), 3, Sch. para. 6)
F2: S. 23(1A) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 75(1) (with s. 20(2), Sch. 8)
F3: S. 23(2) omitted (1.8.2011) by virtue of The Charities Act 2006 (Changes in Exempt Charities) Order 2011 (S.I. 2011/1725), art. 1(2), Sch. para. 3(b)
F4: Words in s. 23(3) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 75(2) (with s. 20(2), Sch. 8)
F5: Words in s. 23(4)(a) substituted (14.3.2012 immediately before the Charities Act 2011 (c. 25) comes into force) by The Charities (Pre-consolidation Amendments) Order 2011 (S.I. 2011/1396), art. 1, Sch. para. 46(1) and s. 23(4)(a) further substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 75(3) (with s. 20(2), Sch. 8)