Charities Act 2011 (c. 25)

Part 6 E+W+N.I. Cy-près powers and assistance and supervision of charities by court and Commission

Establishment of common investment or deposit funds E+W+N.I.

104 Meaning of “Scottish recognised body” and “Northern Ireland charity” E+W+N.I.

(1) In sections 97 and 101 “Scottish recognised body” means a body–

(a) established under the law of Scotland, or

(b) managed or controlled wholly or mainly in or from Scotland,

to which HMRC have given intimation, which has not subsequently been withdrawn, that tax relief is due in respect of income of the body which is applicable and applied to charitable purposes only.

(2) In sections 97 and 101 “Northern Ireland charity” means an institution—

(a) which is a charity under the law of Northern Ireland, and

(b) to which HMRC have given intimation, which has not subsequently been withdrawn, that tax relief is due in respect of income of the institution which is applicable and applied to charitable purposes only.

(3) For the purposes of this section—

• “HMRC” means the Commissioners for Her Majesty's Revenue and Customs;

• “tax relief” means relief under—

  (a)

  Part 10 of the Income Tax Act 2007, or

  (b)

  any provision of Part 11 of the Corporation Tax Act 2010 other than sections 480 (exemption for profits of small-scale trades) and 481 (exemption from charges under provisions to which section 1173 applies).