- Latest available (Revised)
- Point in Time (01/10/2009)
- Original (As made)
Version Superseded: 14/03/2012
Point in time view as at 01/10/2009. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009, Paragraph 139.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
139.—(1) The Charities Act 1993 is amended as follows.
(2) In section 6 (power of Commission to require a charity to change its name), omit subsection (7).
(3) In section 7(3) (effect of direction under s.6 where charity is a company: duty of registrar of companies), in paragraph (a) for “, subject to section 26 of the Companies Act 1985 (prohibition on registration of certain names),” substitute “ , if satisfied that the new name complies with the requirements of Part 5 of the Companies Act 2006, ”.
(4) In section 63 (winding up etc of charitable company), for subsections (3) M1 and (4) M2 substitute—
“(3) The Commission may make an application under section 1029 of the Companies Act 2006 (application to court for restoration to the register of companies) to restore a charitable company to the register of companies.”.
(5) In section 64 (alteration of objects clause)—
(a)in the heading, omit “clause”;
(b)in subsection (2A) M3 (regulated alterations)—
(i)for paragraph (a) substitute—
“(a)an amendment of the company's articles of association adding, removing or altering a statement of the company's objects,”;
(ii)in paragraphs (b) and (c), for “memorandum or articles of association” substitute “ articles of association ”;
(c)for subsections (3) M4 and (4) substitute—
“(3) Where a company that has made a regulated alteration in accordance with subsection (2) is required—
(a)by section 26 of the Companies Act 2006 to send to the registrar of companies a copy of its articles as amended,
(b)by section 30 of that Act to forward to the registrar a copy of the special resolution effecting the alteration, or
(c)by section 31 of that Act to give notice to the registrar of the amendment,
the copy or notice must be accompanied by a copy of the Commission's consent.
(3A) If more than one of those provisions applies and they are complied with at different times, the company need not send a further copy of the Commission's consent if a copy was sent on an earlier occasion.
(4) Section 30(2) to (4) of that Act (offence of failing to comply with section 30) apply in relation to a failure to comply with subsection (3) above as in relation to a failure to comply with that section.”.
(6) Omit section 65 (invalidity of certain transactions).
(7) In section 69D M5 (CIOs: offences connected with name and status: interpretation), in subsection (1B) for “subsection (2)” substitute “subsection “ (1A) ”.
(8) In section 72 (persons disqualified for being trustee of a charity)—
(a)in subsection (1) (grounds for disqualification), in paragraph (f) M6 for the words from “subject to” to “2002” substitute “ subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 or the Company Directors Disqualification (Northern Ireland) Order 2002 ”;
(b)in subsection (3), for paragraph (aa) substitute—
“(aa)in the case of a person subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002, leave has been granted by the High Court in Northern Ireland for him to act as director of the charity,”.
(9) In section 97(1) (general interpretation), for the definition of “company” substitute—
““company” means a company registered under the Companies Act 2006 in England and Wales or Scotland;”.
(10) In the Table in Schedule 1C (appeals and applications to Charity Tribunal)—
(a)in the entry relating to decisions under section 64(2), 65(4) or 66(1), in the first column omit “, 65(4)”;
(b)after the last entry add—
“Decision of the Commission to give or withhold consent under section 42(4) of the Companies Act 2006. | The persons are— | Power to quash the decision and (if appropriate) remit the matter to the Commission. | ||
(a) | the charity trustees of the charity, | |||
(b) | the company itself, and | |||
(c) | any other person who is or may be affected by the decision.”. | |||
(11) In paragraph 4 of Schedule 5B M7 (nature of debt owed under constitution of CIO), for “a specialty debt” substitute “ an ordinary contract debt ”.
Marginal Citations
M1Section 63(3) was amended by the Charities Act 2006 (c.50), Schedule 8, paragraphs 96 and 150(1) and (3).
M2Section 63(4) was amended by the Charities Act 2006 (c.50), Schedule 8, paragraphs 96 and 150(1) and (4).
M3Section 64(2A) was inserted by the Charities Act 2006 (c.50), section 31(1) and (2).
M4Section 64(3) was amended by the Charities Act 2006 (c.50), section 31(1) and (3) and Schedule 8, paragraphs 96 and 151 and S.I. 2007/2194 (C.84), Schedule 4, paragraph 79.
M5Section 69D was inserted by the Charities Act 2006 (c.50), Schedule 7, paragraph 1.
M6Section 72(1)(f) was amended by the Insolvency Act 2000 (c.39), Schedule 4, paragraph 18(a), S.I. 2004/1941, the Schedule, paragraph 5(a) and the Tribunals, Courts and Enforcement Act 2007 (c.15), Schedule 16, paragraph 7.
M7Schedule 5B was inserted by the Charities Act 2006 (c.50), Schedule 7, paragraph 2.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Schedule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Schedule you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: