Charities Bill (HC Bill 257)
EUROPEAN CONVENTION ON HUMAN RIGHTS
Mr Solicitor General has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Charities Bill [HL] are compatible with the
Convention rights.
Contents
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Part 1
Meaning of “charity” and “charitable purpose”
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Chapter 1
General
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Charity
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Charitable purpose
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Recreational trusts and registered sports clubs
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Supplementary
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Chapter 2
Special provision for this Act
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Part 2
The Charity Commission and the Official Custodian for Charities
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The Commission
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The official custodian
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Part 3
Exempt charities and the principal regulator
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Exempt charities
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The principal regulator
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Part 4
Registration and names of charities
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The register
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Charities required to be registered
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Removal of charities from register
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Registration: duties of trustees and claims and objections
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Effect of registration and right to inspect register
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Disclosure of registered charity status
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Power to require charity’s name to be changed
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Part 5
Information powers
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Inquiries instituted by Commission
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Power to call for documents and search records
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Disclosure of information
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Supply of false or misleading information to Commission etc.
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Part 6
Cy-près powers and assistance and supervision of charities by court and
Commission-
Cy-près powers and variation of charters
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Powers of Commission to make schemes etc.
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Powers of Commission to act for protection of charities etc.
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76. Suspension of trustees etc. and appointment of interim managers
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79. Removal of trustee or officer etc. for protective etc. purposes
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81. Removal or appointment of charity trustees etc.: supplementary
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83. Power to suspend or remove trustees etc. from membership of charity
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86. Copy of certain orders, and reasons, to be sent to charity
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Publicity relating to schemes and orders
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Property vested in official custodian
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Official custodian and Reverter of Sites Act 1987
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Establishment of common investment or deposit funds
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97. Bodies which may participate in common investment schemes
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98. Provisions which may be included in common investment schemes
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99. Further provisions relating to common investment schemes and funds
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102. Provisions which may be included in common deposit schemes
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103. Further provisions relating to common deposit schemes and funds
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104. Meaning of “Scottish recognised body” and “Northern Ireland charity”
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Power to authorise dealings with charity property, ex gratia payments etc.
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Power to give directions about dormant bank accounts of charities
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Additional powers of Commission
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Legal proceedings relating to charities
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Supplementary
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Part 7
Charity land
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Restrictions on dispositions of land in England and Wales
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Restrictions on mortgages of land in England and Wales
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Release of charity rentcharges
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Interpretation
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Part 8
Charity accounts, reports and returns
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Chapter 1
Individual accounts
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Chapter 2
Group accounts
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Chapter 3
Audit or examination of accounts
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Audit or examination of individual accounts
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Audit or examination of group accounts
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Regulations relating to audits and examinations
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Duty of auditors etc. to report matters to Commission
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Exempt and excepted charities
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Chapter 4
Annual reports and returns and public access to accounts etc.
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Annual reports etc.
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Annual returns
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Availability of documents to public
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Offences
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Chapter 5
Powers to set financial thresholds
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Part 9
Charity trustees, trustees and auditors etc.
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Meaning of “charity trustees”
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Disqualification of charity trustees and trustees
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Remuneration of charity trustees and trustees etc.
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Indemnity insurance for charity trustees and trustees
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Powers to relieve trustees and auditors etc. from liability
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Part 10
Charitable companies etc.
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Introductory
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Disclosure of charitable status by companies
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Restrictions on alteration of objects
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Acts requiring Commission consent
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Restoration of charitable company to register
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Part 11
Charitable incorporated organisations (CIOs)
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Chapter 1
General
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Nature and constitution
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Formation and registration of CIO
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Name and status
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Chapter 2
Powers, capacity and procedure etc.
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Chapter 3
Amendment of constitution
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Chapter 4
Conversion, amalgamation and transfer
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Conversion of certain bodies to CIO
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Amalgamation of CIOs
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Transfer of CIO’s undertaking to another CIO
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Chapter 5
Supplementary
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Part 12
Incorporation of charity trustees
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General
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Application procedure
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Administration etc. of charity whose charity trustees are incorporated
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Commission’s powers to amend certificate or dissolve body
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Supplementary
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Part 13
Unincorporated charities
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Power to transfer all property of unincorporated charity
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Powers to alter purposes or powers etc. of unincorporated charity
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Powers of unincorporated charities to spend capital
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Supplementary
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Part 14
Special trusts
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Part 15
Local charities
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Indexes and reviews etc.
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Parochial charities
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Supplementary
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Part 16
Charity mergers
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Registration
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Vesting declarations and effect of merger on certain gifts
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Supplementary
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Part 17
The Tribunal
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Chapter 1
General
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Chapter 2
Appeals and applications to Tribunal
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Chapter 3
References to Tribunal
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Part 18
Miscellaneous and supplementary
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Administrative provisions about charities
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Enforcement powers of Commission etc.
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Documents and evidence etc.
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Offences
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Regulations and orders
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Interpretation
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Part 19
Final provisions
[A Table showing the origin of the provisions of this consolidation Bill is published
as a separate document annexed to this Bill. The Table has no official status.]