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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

    [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.]


  1. Part 1

    Meaning of “charity” and “charitable purpose”

    1. Chapter 1

      General

      1. Charity

        1. 1. Meaning of “charity”

      2. Charitable purpose

        1. 2. Meaning of “charitable purpose”

        2. 3. Descriptions of purposes

        3. 4. The public benefit requirement

      3. Recreational trusts and registered sports clubs

        1. 5. Recreational and similar trusts, etc.

        2. 6. Registered sports clubs

      4. Supplementary

        1. 7. Application of this Chapter in relation to Scotland

        2. 8. Application of this Chapter in relation to Northern Ireland

        3. 9. Interpretation

    2. Chapter 2

      Special provision for this Act

      1. 10. Ecclesiastical corporations etc. not charities in certain contexts

      2. 11. Charitable purposes

      3. 12. Directions as to what is (or is not) a separate charity

  2. Part 2

    The Charity Commission and the Official Custodian for Charities

    1. The Commission

      1. 13. The Charity Commission

      2. 14. The Commission’s objectives

      3. 15. The Commission’s general functions

      4. 16. The Commission’s general duties

      5. 17. Guidance as to operation of public benefit requirement

      6. 18. Supply by Commission of copies of documents

      7. 19. Fees and other amounts payable to Commission

      8. 20. Incidental powers

    2. The official custodian

      1. 21. The official custodian for charities

  3. Part 3

    Exempt charities and the principal regulator

    1. Exempt charities

      1. 22. Meaning of “exempt charity” and Sch.3

      2. 23. Power to amend Sch.3 so as to add or remove exempt charities

      3. 24. Power to remove defunct institutions from Sch.3

    2. The principal regulator

      1. 25. Meaning of “the principal regulator”

      2. 26. General duty of principal regulator in relation to exempt charity

      3. 27. Power to make amendments in connection with s.26

      4. 28. Commission to consult principal regulator

  4. Part 4

    Registration and names of charities

    1. The register

      1. 29. The register

    2. Charities required to be registered

      1. 30. Charities required to be registered: general

      2. 31. Restrictions on extending the range of excepted charities etc.

      3. 32. Power to alter sums specified in s.30(2)

      4. 33. Power to repeal provisions relating to excepted charities

    3. Removal of charities from register

      1. 34. Removal of charities from register

    4. Registration: duties of trustees and claims and objections

      1. 35. Duties of trustees in connection with registration

      2. 36. Claims and objections to registration

    5. Effect of registration and right to inspect register

      1. 37. Effect of registration

      2. 38. Right to inspect register

    6. Disclosure of registered charity status

      1. 39. Statement required to be made in official publications etc.

      2. 40. Power to alter sum specified in s.39(1)

      3. 41. Offences

    7. Power to require charity’s name to be changed

      1. 42. Power to require name to be changed

      2. 43. Duty of charity trustees on receiving direction under s.42

      3. 44. Change of name not to affect existing rights and obligations etc.

      4. 45. Change of name where charity is a company

  5. Part 5

    Information powers

    1. Inquiries instituted by Commission

      1. 46. General power to institute inquiries

      2. 47. Obtaining evidence etc. for purposes of inquiry

      3. 48. Power to obtain search warrant for purposes of inquiry

      4. 49. Execution of search warrant

      5. 50. Publication of results of inquiries

      6. 51. Contributions by local authorities to inquiries into local charities

    2. Power to call for documents and search records

      1. 52. Power to call for documents

      2. 53. Power to search records

    3. Disclosure of information

      1. 54. Disclosure to Commission: general

      2. 55. Disclosure to Commission: Revenue and Customs information

      3. 56. Disclosure by Commission: general

      4. 57. Disclosure by Commission: Revenue and Customs information

      5. 58. Disclosure to and by principal regulators of exempt charities

      6. 59. Disclosure: supplementary

    4. Supply of false or misleading information to Commission etc.

      1. 60. Supply of false or misleading information to Commission etc.

  6. Part 6

    Cy-près powers and assistance and supervision of charities by court and
    Commission

    1. Cy-près powers and variation of charters

      1. 61. Duty of trustees in relation to application of property cy-près

      2. 62. Occasions for applying property cy-près

      3. 63. Application cy-près: donor unknown or disclaiming

      4. 64. Donors treated as unidentifiable

      5. 65. Donors treated as disclaiming

      6. 66. Unknown and disclaiming donors: supplementary

      7. 67. Cy-près schemes

      8. 68. Charities governed by charter, or by or under statute

    2. Powers of Commission to make schemes etc.

      1. 69. Commission’s concurrent jurisdiction with High Court for certain purposes

      2. 70. Restrictions on Commission’s concurrent jurisdiction

      3. 71. Exercise of Commission’s concurrent jurisdiction: notice

      4. 72. Power to alter sum specified in s.70(3)

      5. 73. Powers to make schemes altering provision made by Acts, etc.

      6. 74. Restriction on expenditure on promoting Bills

      7. 75. Further powers to alter application of charitable property

    3. Powers of Commission to act for protection of charities etc.

      1. 76. Suspension of trustees etc. and appointment of interim managers

      2. 77. Offence of contravening certain orders under s.76

      3. 78. Interim managers: supplementary

      4. 79. Removal of trustee or officer etc. for protective etc. purposes

      5. 80. Other powers to remove or appoint charity trustees

      6. 81. Removal or appointment of charity trustees etc.: supplementary

      7. 82. Removal of trustees etc.: notice

      8. 83. Power to suspend or remove trustees etc. from membership of charity

      9. 84. Power to direct specified action to be taken

      10. 85. Power to direct application of charity property

      11. 86. Copy of certain orders, and reasons, to be sent to charity

      12. 87. Supervision by Commission of certain Scottish charities

    4. Publicity relating to schemes and orders

      1. 88. Publicity relating to schemes

      2. 89. Publicity for orders relating to trustees or other individuals

    5. Property vested in official custodian

      1. 90. Entrusting charity property to official custodian, and termination of trust

      2. 91. Supplementary provisions as to property vested in official custodian

    6. Official custodian and Reverter of Sites Act 1987

      1. 92. Divestment of official custodian where 1987 Act due to operate

      2. 93. Divestment of official custodian where 1987 Act has operated

      3. 94. Vesting of land in relevant charity trustees following divestment

      4. 95. Supplementary provisions in connection with 1987 Act

    7. Establishment of common investment or deposit funds

      1. 96. Power to make common investment schemes

      2. 97. Bodies which may participate in common investment schemes

      3. 98. Provisions which may be included in common investment schemes

      4. 99. Further provisions relating to common investment schemes and funds

      5. 100. Power to make common deposit schemes

      6. 101. Bodies which may participate in common deposit schemes

      7. 102. Provisions which may be included in common deposit schemes

      8. 103. Further provisions relating to common deposit schemes and funds

      9. 104. Meaning of “Scottish recognised body” and “Northern Ireland charity”

    8. Power to authorise dealings with charity property, ex gratia payments etc.

      1. 105. Power to authorise dealings with charity property etc.

      2. 106. Power to authorise ex gratia payments etc.

    9. Power to give directions about dormant bank accounts of charities

      1. 107. Power to direct transfer of credits in dormant bank accounts

      2. 108. Accounts which cease to be dormant before transfer

      3. 109. Dormant bank accounts: supplementary

    10. Additional powers of Commission

      1. 110. Power to give advice

      2. 111. Power to determine membership of charity

      3. 112. Power to order assessment of solicitor’s bill

    11. Legal proceedings relating to charities

      1. 113. Petitions for winding up charities under Insolvency Act

      2. 114. Proceedings by the Commission

      3. 115. Proceedings by other persons

    12. Supplementary

      1. 116. Effect of provisions relating to vesting or transfer of property

  7. Part 7

    Charity land

    1. Restrictions on dispositions of land in England and Wales

      1. 117. Restrictions on dispositions of land: general

      2. 118. Meaning of “connected person” in s.117(2)

      3. 119. Requirements for dispositions other than certain leases

      4. 120. Requirements for leases which are for 7 years or less etc.

      5. 121. Additional restrictions where land held for stipulated purposes

      6. 122. Instruments concerning dispositions of land: required statements, etc.

      7. 123. Charity land and land registration

    2. Restrictions on mortgages of land in England and Wales

      1. 124. Restrictions on mortgages

      2. 125. Mortgages: required statements, etc.

      3. 126. Mortgages of charity land and land registration

    3. Release of charity rentcharges

      1. 127. Release of charity rentcharges

      2. 128. Power to alter sum specified in s.127(2)

    4. Interpretation

      1. 129. Interpretation

  8. Part 8

    Charity accounts, reports and returns

    1. Chapter 1

      Individual accounts

      1. 130. Accounting records

      2. 131. Preservation of accounting records

      3. 132. Preparation of statement of accounts

      4. 133. Account and statement an option for lower-income charities

      5. 134. Preservation of statement of accounts or account and statement

      6. 135. Charitable companies

      7. 136. Exempt charities

    2. Chapter 2

      Group accounts

      1. 137. Accounting records

      2. 138. Preparation of group accounts

      3. 139. Exceptions to requirement to prepare group accounts

      4. 140. Preservation of group accounts

      5. 141. “Parent charity”, “subsidiary undertaking” and “group”

      6. 142. “Group accounts”

      7. 143. Exempt charities

    3. Chapter 3

      Audit or examination of accounts

      1. Audit or examination of individual accounts

        1. 144. Audit of accounts of larger charities

        2. 145. Examination of accounts an option for lower-income charities

        3. 146. Commission’s powers to order audit

        4. 147. Accounts required to be audited under Companies Act

        5. 148. NHS charities: general

        6. 149. Audit or examination of English NHS charity accounts

        7. 150. Audit or examination of Welsh NHS charity accounts

      2. Audit or examination of group accounts

        1. 151. Audit of accounts of larger groups

        2. 152. Examination of accounts an option for smaller groups

        3. 153. Commission’s powers to order audit of group accounts

      3. Regulations relating to audits and examinations

        1. 154. Regulations relating to audits and examinations

        2. 155. Power of Commission to direct compliance with certain regulations

      4. Duty of auditors etc. to report matters to Commission

        1. 156. Duty of auditors etc. to report matters to Commission

        2. 157. Meaning of “connected institution or body” in s.156(2)

        3. 158. Application of duty in relation to auditors etc. of group accounts

        4. 159. Application of duty in relation to Companies Act auditors

      5. Exempt and excepted charities

        1. 160. Exempt charities

        2. 161. Excepted charities

    4. Chapter 4

      Annual reports and returns and public access to accounts etc.

      1. Annual reports etc.

        1. 162. Charity trustees to prepare annual reports

        2. 163. Transmission of annual reports to Commission in certain cases

        3. 164. Documents to be transmitted with annual report

        4. 165. Preservation of annual reports etc.

        5. 166. Annual reports and group accounts

        6. 167. Exempt charities

        7. 168. Excepted charities

      2. Annual returns

        1. 169. Annual returns by registered charities

      3. Availability of documents to public

        1. 170. Public inspection of annual reports etc. kept by Commission

        2. 171. Supply by charity trustees of copy of most recent annual report

        3. 172. Supply by charity trustees of copy of most recent accounts

      4. Offences

        1. 173. Offences of failing to supply certain documents

    5. Chapter 5

      Powers to set financial thresholds

      1. 174. Powers to alter certain sums specified in this Part

      2. 175. Aggregate gross income of group

      3. 176. Larger groups: “relevant income threshold” and “relevant assets threshold”

  9. Part 9

    Charity trustees, trustees and auditors etc.

    1. Meaning of “charity trustees”

      1. 177. Meaning of “charity trustees”

    2. Disqualification of charity trustees and trustees

      1. 178. Persons disqualified from being charity trustees or trustees of a charity

      2. 179. Disqualification: pre-commencement events etc.

      3. 180. Disqualification: exceptions in relation to charitable companies

      4. 181. Power to waive disqualification

      5. 182. Records of persons removed from office

      6. 183. Criminal consequences of acting while disqualified

      7. 184. Civil consequences of acting while disqualified

    3. Remuneration of charity trustees and trustees etc.

      1. 185. Remuneration of charity trustees or trustees etc. providing services to charity

      2. 186. Disqualification of charity trustee or trustee receiving remuneration under
        s.185

      3. 187. Meaning of “benefit”, “remuneration”, “services” etc.

      4. 188. Meaning of “connected person”

    4. Indemnity insurance for charity trustees and trustees

      1. 189. Indemnity insurance for charity trustees and trustees

      2. 190. Power to amend s.189

    5. Powers to relieve trustees and auditors etc. from liability

      1. 191. Commission’s power to relieve trustees and auditors etc. from liability

      2. 192. Court’s power to grant relief to apply to all auditors etc. of charities which are
        not companies

  10. Part 10

    Charitable companies etc.

    1. Introductory

      1. 193. Meaning of “charitable company”

    2. Disclosure of charitable status by companies

      1. 194. Requirement to disclose charitable status

      2. 195. Civil consequences of failure to make required disclosure

      3. 196. Criminal consequences of failure to make required disclosure

    3. Restrictions on alteration of objects

      1. 197. Alteration of objects by bodies corporate and charitable status

      2. 198. Alteration of objects by companies and Commission’s consent

      3. 199. Meaning of “benefit” in s.198(2)

      4. 200. Meaning of “connected person” in s.198(2)

    4. Acts requiring Commission consent

      1. 201. Consent of Commission required for approval etc. by members of charitable
        companies

      2. 202. Consent of Commission required for certain acts of charitable company

    5. Restoration of charitable company to register

      1. 203. Application for restoration of charitable company to register

  11. Part 11

    Charitable incorporated organisations (CIOs)

    1. Chapter 1

      General

      1. Nature and constitution

        1. 204. Meaning of “CIO”

        2. 205. Nature

        3. 206. Constitution

      2. Formation and registration of CIO

        1. 207. Application for CIO to be constituted and registered

        2. 208. Cases where application must or may be refused

        3. 209. Registration of CIO

        4. 210. Effect of registration of CIO

      3. Name and status

        1. 211. Name

        2. 212. Status

        3. 213. Civil consequences of failure to disclose name or status

        4. 214. Offence of failing to disclose name or status

        5. 215. Offence of holding out that a body is a CIO

    2. Chapter 2

      Powers, capacity and procedure etc.

      1. 216. Powers of CIO

      2. 217. Constitutional requirements

      3. 218. Third parties

      4. 219. Limits to s.218

      5. 220. Duty of CIO members

      6. 221. Duties of charity trustees

      7. 222. Personal benefit and payments

      8. 223. Regulations about procedure of CIOs

    3. Chapter 3

      Amendment of constitution

      1. 224. Amendment of constitution and procedure

      2. 225. Amendment of constitution and charitable status

      3. 226. Amendment of constitution and Commission’s consent

      4. 227. Registration and coming into effect of amendments

    4. Chapter 4

      Conversion, amalgamation and transfer

      1. Conversion of certain bodies to CIO

        1. 228. Application for conversion by charitable company

        2. 229. Application for conversion by registered society

        3. 230. Commission to consult appropriate registrar and others

        4. 231. Cases where application must or may be refused

        5. 232. Provisional and final registration of converting body

        6. 233. Effect of registration becoming final

        7. 234. Conversion of community interest company

      2. Amalgamation of CIOs

        1. 235. Application for amalgamation of CIOs

        2. 236. Notice of application for amalgamation

        3. 237. Cases where application must or may be refused

        4. 238. Registration of amalgamated CIO

        5. 239. Effect of registration

      3. Transfer of CIO’s undertaking to another CIO

        1. 240. Resolutions about transfer of CIO’s undertaking to another CIO

        2. 241. Notice of transfer of CIO’s undertaking to another CIO

        3. 242. Cases where confirmation of resolution must or may be refused

        4. 243. Confirmation of resolution

        5. 244. Effect of confirmation of resolution

    5. Chapter 5

      Supplementary

      1. 245. Regulations about winding up, insolvency and dissolution

      2. 246. Power to make further provision about CIOs

      3. 247. Meaning of “CIO regulations”

      4. 248. Meaning of “benefit”

      5. 249. Meaning of “connected person”

      6. 250. Effect of provisions relating to vesting or transfer of property

  12. Part 12

    Incorporation of charity trustees

    1. General

      1. 251. Incorporation of charity trustees

      2. 252. Estate to vest in incorporated body

      3. 253. Gifts to take effect as gifts to incorporated body

      4. 254. Liability of charity trustees not affected by incorporation

      5. 255. Charity trustees bound by conditions in certificate etc.

    2. Application procedure

      1. 256. Applications for incorporation

      2. 257. Requirement to be met before certificate is granted

      3. 258. Certificate conclusive as to compliance with incorporation requirements etc.

    3. Administration etc. of charity whose charity trustees are incorporated

      1. 259. Filling up of vacancies in charity trustees

      2. 260. Execution of documents by incorporated body: general

      3. 261. Conferral of authority to execute documents

    4. Commission’s powers to amend certificate or dissolve body

      1. 262. Amendment of certificate of incorporation

      2. 263. Dissolution of incorporated body

    5. Supplementary

      1. 264. Records of applications and certificates

      2. 265. Meaning of “incorporated body” and “relevant charity”

      3. 266. Effect of provisions relating to vesting or transfer of property

  13. Part 13

    Unincorporated charities

    1. Power to transfer all property of unincorporated charity

      1. 267. Introduction

      2. 268. Resolution to transfer all property

      3. 269. Notice of, and information about, resolution to transfer property

      4. 270. General rule as to when s.268 resolution takes effect

      5. 271. S.268 resolution not to take effect or to take effect at later date

      6. 272. Transfer of property in accordance with s.268 resolution

      7. 273. Transfer where charity has permanent endowment: general

      8. 274. Requirements relating to permanent endowment

    2. Powers to alter purposes or powers etc. of unincorporated charity

      1. 275. Resolution to replace purposes of unincorporated charity

      2. 276. Notice of, and information about, s.275 resolution

      3. 277. General rule as to when s.275 resolution takes effect

      4. 278. S.275 resolution not to take effect or to take effect at a later date

      5. 279. Replacement of purposes in accordance with s.275

      6. 280. Power to modify powers or procedures of unincorporated charity

    3. Powers of unincorporated charities to spend capital

      1. 281. Power of unincorporated charities to spend capital: general

      2. 282. Resolution to spend larger fund given for particular purpose

      3. 283. Notice of, and information about, s.282 resolution

      4. 284. When and how s.282 resolution takes effect

    4. Supplementary

      1. 285. Power to alter sums specified in this Part

      2. 286. Effect of provisions relating to vesting or transfer of property

  14. Part 14

    Special trusts

    1. 287. Meaning of “special trust”

    2. 288. Power to spend capital subject to special trusts: general

    3. 289. Resolution to spend capital subject to special trusts: larger fund

    4. 290. Notice of, and information about, s.289 resolution

    5. 291. When and how s.289 resolution takes effect

    6. 292. Power to alter sum specified in s.289

  15. Part 15

    Local charities

    1. Indexes and reviews etc.

      1. 293. Meaning of “local charity”

      2. 294. Local authority’s index of local charities

      3. 295. Reviews of local charities by local authority

      4. 296. S.294 and s.295: supplementary

      5. 297. Co-operation between charities, and between charities and local authorities

    2. Parochial charities

      1. 298. Transfer of property to parish or community council or its appointees

      2. 299. Local authorities’ power to appoint representative trustees

      3. 300. Powers of appointment deriving from pre-1894 powers

      4. 301. Powers of appointment deriving from pre-1927 powers

      5. 302. Term of office of trustees appointed under s.299 to s.301

      6. 303. S.298 to s.302: supplementary

    3. Supplementary

      1. 304. Effect of provisions relating to vesting or transfer of property

  16. Part 16

    Charity mergers

    1. Registration

      1. 305. Register of charity mergers

      2. 306. Meaning of “relevant charity merger” etc.

      3. 307. Notification of charity mergers

      4. 308. Details to be entered in register of charity mergers

      5. 309. Right to inspect register of charity mergers

    2. Vesting declarations and effect of merger on certain gifts

      1. 310. Pre-merger vesting declarations

      2. 311. Effect of registering charity merger on gifts to transferor

      3. 312. “Transferor” and “transferee” etc. in s.310 and s.311

    3. Supplementary

      1. 313. Effect of provisions relating to vesting or transfer of property

      2. 314. Exception for CIOs

  17. Part 17

    The Tribunal

    1. Chapter 1

      General

      1. 315. The Tribunal

      2. 316. Rules relating to appeals, applications or references

      3. 317. Appeal from Tribunal

      4. 318. Intervention by Attorney General

    2. Chapter 2

      Appeals and applications to Tribunal

      1. 319. Appeals: general

      2. 320. Appeals: orders under s.52

      3. 321. Reviews

      4. 322. Reviewable matters

      5. 323. Remission of matters to Commission

      6. 324. Power to amend provisions relating to appeals and applications to Tribunal

    3. Chapter 3

      References to Tribunal

      1. 325. References by Commission

      2. 326. References by Attorney General

      3. 327. Powers of Commission in relation to matters referred to Tribunal

      4. 328. Suspension of time limits while reference is in progress

      5. 329. Agreement for Commission to act while reference is in progress

      6. 330. Appeals and applications in respect of matters determined on references

      7. 331. Interpretation

  18. Part 18

    Miscellaneous and supplementary

    1. Administrative provisions about charities

      1. 332. Manner of giving notice of charity meetings, etc.

      2. 333. Conferral of authority to execute documents

      3. 334. Transfer and evidence of title to property vested in trustees

    2. Enforcement powers of Commission etc.

      1. 335. Enforcement of requirements by order of Commission

      2. 336. Enforcement of orders of Commission

      3. 337. Other provisions as to orders of Commission

      4. 338. Directions of the Commission or person conducting inquiry

      5. 339. Service of orders and directions

    3. Documents and evidence etc.

      1. 340. Enrolment and deposit of documents etc.

      2. 341. Evidence of documents received by Commission etc.

      3. 342. Report of inquiry to be evidence in certain proceedings

      4. 343. Evidence of documents issued by Commission etc.

      5. 344. Other miscellaneous provisions as to evidence

    4. Offences

      1. 345. Restriction on institution of proceedings for certain offences

      2. 346. Offences by bodies corporate

    5. Regulations and orders

      1. 347. Regulations and orders: general

      2. 348. Regulations subject to affirmative procedure etc.

      3. 349. Orders subject to affirmative procedure etc.

    6. Interpretation

      1. 350. Connected person: child, spouse and civil partner

      2. 351. Connected person: controlled institution

      3. 352. Connected person: substantial interest in body corporate

      4. 353. Minor definitions

  19. Part 19

    Final provisions

    1. 354. Amendments etc.

    2. 355. Commencement

    3. 356. Extent

    4. 357. Index of defined expressions

    5. 358. Short title

    1. Schedule 1

      The Charity Commission

    2. Schedule 2

      The official custodian

    3. Schedule 3

      Exempt charities

    4. Schedule 4

      Enlargement of areas of local charities

    5. Schedule 5

      Court’s jurisdiction over certain charities governed by or
      under statute

    6. Schedule 6

      Appeals and applications to Tribunal

    7. Schedule 7

      Consequential amendments

      1. Part 1

        General amendments

      2. Part 2

        Particular amendments

    8. Schedule 8

      Transitionals and savings

      1. Part 1

        General

      2. Part 2

        Recreational etc. purposes

      3. Part 3

        Miscellaneous

    9. Schedule 9

      Transitory modifications

    10. Schedule 10

      Repeals and revocations

    11. Schedule 11

      Index of defined expressions

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