The Charities Acts 1992 and 1993 (Substitution of Sums) Order 2009

• Citation: S.I. 2009/508
• Sections: 17

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Charities Acts 1992 and 1993 (Substitution of Sums) Order 2009 and comes into force on 1st April 2009.

(2) In this Order—

“the 1992 Act ” means the Charities Act 1992;

“the 1993 Act ” means the Charities Act 1993;

“financial year” has the meaning given by the 1993 Act.

Section 2 Amendments to the 1992 Act

The 1992 Act is amended as follows.

Section 3 Amendments to the 1992 Act

In section 58(3)—

(a) in paragraph (a)(i) for “£5” substitute “£10”;

(b) in paragraph (a)(ii) for “£500” substitute “£1,000”;

(c) in paragraph (b) for “£500” substitute “£1,000”.

Section 4 Amendments to the 1992 Act

In section 60(4) and (5) for “£50”, in each place it occurs, substitute “£100”.

Section 5 Amendments to the 1992 Act

In section 60B(2) and (5) —

(a) in paragraph (a)(i) for “£5” substitute “£10”;

(b) in paragraph (a)(ii) for “£500” substitute “£1,000”;

(c) in paragraph (b) for “£500” substitute “£1,000”.

Section 6 Amendments to the 1992 Act

In section 61—

(a) in subsection (1)(a) for “£50” substitute “£100”;

(b) in subsection (2) for “£50”, in both places, substitute “£100”;

(c) in subsection (3)(a) for “£50” substitute “£100”.

Section 7 Amendments to the 1993 Act

The 1993 Act is amended as follows.

Section 8 Amendments to the 1993 Act

In section 40(2) for “£500” substitute “£1,000”.

Section 9 Amendments to the 1993 Act

In section 42(3) for “£100,000” substitute “£250,000”.

Section 10 Amendments to the 1993 Act

In section 43—

(a) in subsection (1)(b) for “£2.8 million” substitute “£3.26 million”;

(b) in subsection (3) for “£10,000” substitute “£25,000”.

Section 11 Amendments to the 1993 Act

In section 45(3) and (3A) for “£10,000” substitute “£25,000”.

Section 12 Transitional provisions and savings

The amendments made by article 3 do not affect the operation of Part 2 of the 1992 Act in relation to any solicitation of money or other property made before 1st April 2009 by a person to whom paragraph (b) of the definition of “professional fund-raiser” in section 58(1) of that Act applied on the date the solicitation was made.

Section 13 Transitional provisions and savings

The amendments made by article 4 do not affect the requirements of section 60(5) of the 1992 Act in relation to any payment of £50 or more made before 1st April 2009.

Section 14 Transitional provisions and savings

The amendments made by article 6 do not affect—

(a) the operation of section 61(1) or (3) of the 1992 Act in relation to any payment of £50 or more made in response to any solicitation or representation made before 1st April 2009; or

(b) the operation of section 61(2) of the 1992 Act in relation to an agreement entered into in response to any solicitation or representation made before 1st April 2009 under which the donor is or may be liable to pay an amount or aggregate amount of £50 or more.

Section 15 Transitional provisions and savings

The amendment made by article 8 does not apply to rentcharges released before 1st April 2009.

Section 16 Transitional provisions and savings

The amendments made by articles 9, 10 and 11 apply to any financial year of a charity ending on or after 1st April 2009.

Section 17 Consequential revocation

Paragraphs (3) and (4) of article 2 of the Charities Act 1993 (Substitution of Sums) Order 1995 are revoked.