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The Charities Act 2006 (Commencement No. 4, Transitional Provisions and Savings) (Amendment) Order 2009

S.I. 2009/841 · Made 30 March 2009

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Charities, England And Wales

Made 30th March 2009

The Minister for the Cabinet Office makes the following Order in exercise of the powers conferred by sections 78(6) and 79(2) and (3) of the Charities Act 2006f1:

Annotations to the whole text

Footnotes

f1

2006 c.50.

Contents

  1. 1Citation and interpretation
  2. 2Amendment of the Charities Act 2006 (Commencement No.4, Transitional Provisions and Savings) Order 2008
  3. Signature
  4. Explanatory note

1Citation and interpretation

This Order may be cited as the Charities Act 2006 (Commencement No. 4, Transitional Provisions and Savings) (Amendment) Order 2009.

2Amendment of the Charities Act 2006 (Commencement No.4, Transitional Provisions and Savings) Order 2008

(1)

The Charities Act 2006 (Commencement No.4, Transitional Provisions and Savings) Order 2008f1 is amended as follows.

(2)

After article 2, insert—

“2A.

Subject to article 10, the day appointed for the commencement of the provisions of the 2006 Act specified in Column 1 of Schedule 1A is 1st April 2010 except that—

(a)

where a particular purpose is specified in Column 3 of that Schedule in relation to any such provision, the relevant provision comes into force on that date for that particular purpose only;

(b)

where any limitation is specified in Column 3 of that Schedule in relation to any such provision, the relevant provision comes into force on that date subject to the specified limitation.”.

(3)

In article 3, for “Subject to articles 10 and 11”, substitute “Subject to article 11”.

(4)

In the heading preceding article 10 after “1st April 2009”, insert “and 1st April 2010”.

(5)

In article 10 for “1st April 2009, where it appears, substitute “1st April 2010”.

(6)

After Schedule 1, insert—

“SCHEDULE 1A

PROVISIONS OF THE 2006 ACT COMING INTO FORCE ON 1ST APRIL 2010

Article 2A

ProvisionSubject matter of provisionParticular purpose or other limitation
section 5(1)Special provisions about recreational charities, sports clubs etc.For all remaining purposes
section 5(3)Special provisions about recreational charities, sports clubs etc.
section 75(2) and (3)Amendments, repeals, revocations and transitional provisionsIn so far as they relate to the provisions of Schedules 9 and 10 to 2006 Act commenced by article 2A of this Order
Schedule 9Repeals and revocationsOnly the entry relating to section 2 of the Recreational Charities Act 1958 (c.17)
Schedule 10, paragraph 2Transitional provisions and savings

”.

(7)

In Schedule 2—

(a)

omit the entry relating to section 5(1);

(b)

for “section 5(3) to (5)” substitute “section 5(4) and (5)”; and

(c)

omit the entries relating to—

(i)

section 75(2) and (3);

(ii)

Schedule 9; and

(iii)

Schedule 10.

Signature

Kevin Brennan

Parliamentary Secretary

Cabinet Office

30th March 2009

Explanatory note

(This note is not part of the Order)

This Order amends the Charities Act 2006 (Commencement No.4, Transitional Provisions and Savings) Order 2008 (S.I. 2008/945 (C.46)). The effect of the amendments is to change the date on which section 5(3) of the Charities Act 2006 and various related provisions are to come into force, subject to transitional provisions and savings. These provisions of the 2006 Act will now come into force on 1st April 2010, rather than 1st April 2009.