The Regulator for Charities in England and Wales


OPERATIONAL GUIDANCE

ORDERS AND SCHEMES

CHARITIES ACT 1993 - SCHEDULE 4 THE COURT'S JURISDICTION OVER CERTAIN CHARITIES GOVERNED BY OR UNDER STATUTE

OG 1 C1 - 17 December 2001


Divisional responsibility

For information:

Charity Support Division
Registration Division

   


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1. The court may by virtue of section 15(3) of this Act exercise its jurisdiction with respect to charities-

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  (a) in relation to charities established or regulated by any provision of the Seamen's Fund Winding-up Act 1851 (repealed by the Charities Act 1960);

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  (b) in relation to charities established or regulated by schemes under the Endowed Schools Act 1869 to 1948, or section 75 of the Elementary Education Act 1870 or by schemes given effect under section 2 of the Education Act 1873;

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  (c)


[repealed by the Statute Law (Repeals) Act 1993];

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  (d) in relation to fuel allotments, that is to say, land which, by any enactment relating to inclosure or any instrument having effect under such an enactment, is vested in trustees upon trust that the land or the rents and profits of the land shall be used for the purpose of providing poor persons with fuel;

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  (e) in relation to charities established or regulated by any provision of the Municipal Corporations Act 1883 (repealed by the Charities Act 1960) or by any scheme having effect under any such provision;

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  (f) in relation to charities regulated by schemes under the London Government Act 1899;

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  (g) in relation to charities established or regulated by orders or regulations under section 2 of the Regimental Charitable Funds Act 1935;

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  (h) in relation to charities regulated by section 79 of this Act, or by any such order as is mentioned in that section.

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2. Notwithstanding anything in section 19 of the Commons Act 1876 a scheme for the administration of a fuel allotment (within the meaning of the foregoing paragraph) may provide-

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  (a) for the sale or letting of the allotment or any part thereof, for the discharge of the land sold or let from any restrictions as to the use thereof imposed by or under any enactment relating to inclosure and for the application of the sums payable to the trustees of the allotment in respect of the sale or lease; or

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  (b) for the exchange of the allotment or any part thereof for other land, for the discharge as aforesaid of the land given in exchange by the said trustees, and for the application of any money payable to the said trustees for equality of exchange; or

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  (c) for the use of the allotment or any part thereof for any purposes specified in the scheme.

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