Session 2012-2013
Internet Publications
Other Bills before Parliament
House of Commons Thursday 18 October 2012
Public Bill Committee
New Amendments handed in are marked thus
Amendments which will comply with the required notice period at their next appearance
Small Charitable Donations Bill
Note
The Amendments have been arranged in accordance with the Order of the
Committee [16 October 2012].
Mr Gareth Thomas
Cathy Jamieson
16
Page 1, line 3, [clause 1], leave out ‘from HMRC’.
Mr Gareth Thomas
Cathy Jamieson
13
Page 1, line 5, [clause 1], leave out paragraph (b).
Mr Gareth Thomas
Cathy Jamieson
15
Page 1, line 19, [clause 1], leave out subsection (4).
Mr Gareth Thomas
Cathy Jamieson
14
Page 2, line 1, [clause 1], leave out subsection (5).
Mr Gareth Thomas
Cathy Jamieson
18
Page 2, line 8, [clause 2], leave out subsection (1).
Mr Gareth Thomas
Cathy Jamieson
Mr Gareth Thomas
Cathy Jamieson
19
Page 2, line 12, [clause 2], leave out subsection (2).
Mr Gareth Thomas
Cathy Jamieson
22
Page 2, line 15, [clause 2], leave out subsection (3).
Mr Gareth Thomas
Cathy Jamieson
20
Page 2, line 22, [clause 2], leave out paragraph (a).
Mr Gareth Thomas
Cathy Jamieson
23
Page 2, line 25, [clause 2], leave out paragraph (b).
Sajid Javid
Mr Gareth Thomas
Cathy Jamieson
26
Page 12, line 9, schedule 1, after ‘any currency’, insert ‘cheques, text or internet
donations’.
Sajid Javid
2
Page 3, line 30, [clause 5], leave out subsection (4) and insert—
‘(4) In the application of section 993 for the purposes of subsection (3)—
(a)
a charity that is a trust is to be treated as if it were a company (and
accordingly a person), including in this subsection;
(b)
a charity that is a trust has “control” of another person if the trustees (in
their capacity as trustees of the trust) have, or any of them has, control of
the person;
(c)
a person (other than a charity regulator) has “control” of a charity that is
a trust if—
(i)
the person is a trustee of the charity and some or all of the powers
of the trustees of the charity could be exercised by the person
acting alone or by the person acting together with any other
persons who are trustees of the charity and who are connected
with the person,
(ii)
the person, alone or together with other persons, has power to
appoint or remove a trustee of the charity, or
(iii)
the person, alone or together with other persons, has any power
of approval or direction in relation to the carrying out by the
trustees of any of their functions.
(4A)
A charity that is a trust is also to be regarded as connected with another charity
that is a trust at a time for the purposes of this section if, at that time, at least half
of the trustees of one of the charities are—
(a) trustees of the other charity,
(b)
persons who are connected with persons who are trustees of the other
charity, or
(c) a combination of both.
(4B)
In determining whether a person is connected with another person for the
purposes of subsection (4)(c)(i) or (4A)(b), apply section 993 of the Income Tax
Act 2007, with the omission of subsection (3) of that section (and without the
modifications in subsection (4) above).’.
Sajid Javid
Sajid Javid
4
Page 4, line 11, [clause 6], after ‘year’ insert ‘by group members’.
Sajid Javid
5
Page 4, line 20, [clause 6], after ‘year’ insert ‘by group members’.
Sajid Javid
Sajid Javid
7
Page 4, line 26, [clause 7], leave out from ‘if’ to ‘(and’ in line 28 and insert ‘, on 6 or
more occasions in the tax year—
(a)
it carries out a charitable activity with a group of people in the
community building, at least 10 of whom are in the class of people for
whose benefit the charitable activity is being carried out,
(b)
the activity is of a kind that the charity makes available to the public or a
section of the public, and
(c)
none of the group is required to pay to access the building, or the part of
the building, in which the activity is carried out;’.
Sajid Javid
8
Page 4, line 31, [clause 7], leave out paragraph (a).
Sajid Javid
9
Page 4, line 35, [clause 7], leave out subsection (3).
Sajid Javid
10
Page 4, [clause 7], leave out line 42 and insert ‘subsection (1)’.
Sajid Javid
11
Page 5, line 9, [clause 8], leave out from ‘include’ to end of line 10 and insert ‘any
parts of a building excluded by subsection (1A) or (1B)’.
Sajid Javid
12
Page 5, line 10, [clause 8], at end insert—
‘(1A)
Any parts of a building that are used wholly or mainly for residential purposes or
the sale or supply of goods are excluded.
(1B)
Any parts of a building that are used wholly or mainly for other commercial
purposes are excluded, except at any times when—
(a) a charity is carrying out a charitable activity in those parts, and
(b)
the parts are available for use exclusively by the charity in carrying out
the activity.’.
Mr Gareth Thomas
Cathy Jamieson
17
Page 6, line 28, [clause 11], leave out subsection (1).
Mr Gareth Thomas
Cathy Jamieson
24
Page 6, line 29, [clause 11], after ‘HMRC’, insert ‘, the Charity Commission or any
other government department.’.
Mr Gareth Thomas
Cathy Jamieson
Order of the House [4 September 2012]
That the following provisions shall apply to the Small Charitable Donations Bill—
Committal
1.The Bill shall be committed to a Public Bill Committee.
Proceedings in Public Bill Committee
2.Proceedings in the Public Bill Committee shall (so far as not previously
concluded) be brought to a conclusion on Tuesday 30 October 2012.
The Public Bill Committee shall have leave to sit twice on the first day on
which it meets.
Consideration and Third Reading
4.Proceedings on Consideration shall (so far as not previously concluded) be
brought to a conclusion one hour before the moment of interruption on the
day on which those proceedings are commenced.
Proceedings on Third Reading shall (so far as not previously concluded) be
brought to a conclusion at the moment of interruption on that day.
Standing Order No. 83B (Programming committees) shall not apply to
proceedings on Consideration and Third Reading.
Other proceedings
7.Any other proceedings on the Bill (including any proceedings on
consideration of Lords Amendments or on any further messages from the
Lords) may be programmed.
Order of the Committee [16 OCTOBER 2012]
That—
1
the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 16
October) meet—
(a) at 2.00 pm on Tuesday 16 October;
(b) at 11.30 am and 2.00 pm on Thursday 18 October;
(c) at 8.55 am and 2.00 pm on Tuesday 23 October;
(d) at 11.30 am and 2.00 pm on Thursday 25 October;
(e) at 8.55 am and 2.00 pm on Tuesday 30 October;
2the Committee shall hear oral evidence on Tuesday 16 October in accordance
with the following Table:
Time | Witness |
---|---|
Until no later than 10.00 am | The United Synagogue; Stewardship; The Church of England |
Until no later than 11.00 am | National Council for Voluntary Organisations; Charity Tax Group; Small Charities Coalition |
Until no later than 11.25 am | The Law Society of Scotland |
Until no later than 3.00 pm | Royal National Lifeboat Institution; WaveLength; National Trust |
Until no later than 4.00 pm | Charities Aid Foundation; Charity Finance Group; Institute of Fundraising |
Until no later than 4.45 pm | HM Treasury; HM Revenue and Customs |
proceedings on consideration of the Bill in Committee shall be taken in the
following order: Clauses 1 to 3; the Schedule; Clauses 4 to 21; new Clauses;
new Schedules; remaining proceedings on the Bill.
the proceedings shall (so far as not previously concluded) be brought to a
conclusion at 8.00 pm on Tuesday 30 October.