Session 2015-16
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Tuesday 15 December 2015

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Charities (Protection and Social Investment)


 

Bill [Lords]


 

Note

 

This document includes all amendments tabled to date, arranged in the order they

 

relate to the BIll.

 


 

Resolution of the Programming Sub-Committee

 

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

 

agreed the following Resolution at its meeting on Monday 14 December (Standing Order

 

83C):

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 9.25 am on Tuesday 15

 

December) meet—

 

(a)  

at 2.00 pm on Tuesday 15 December;

 

(b)  

at 4.30 pm and 7.00 pm on Tuesday 5 January;

 

(c)  

at 11.30 am and 2.00 pm on Thursday 7 January;

 

(2)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 5 pm on 7 January.

 

Mr Rob Wilson has given notice of his intention to move a motion in the terms of the

 

Resolution of the Programming Sub-Committee [Standing Order No. 83C].

 



 
 

Public Bill Committee: 15 December 2015                  

2

 

Charities (Protection and Social Investment) -[Lords], continued

 
 

Mr Rob Wilson

 

That, subject to the discretion of the Chair, any written evidence received by the

 

Committee shall be reported to the House for publication.

 

 

 


 

Anna Turley

 

Louise Haigh

 

Conor McGinn

 

Peter Kyle

 

Jo Stevens

 

Wes Streeting

 

2

 

Clause  1,  page  1,  line  16,  after “give” insert “at least 14 days”

 

Member’s explanatory statement

 

To require a minimum period of 14 days’ notice of a warning.

 

Anna Turley

 

Louise Haigh

 

Conor McGinn

 

Peter Kyle

 

Jo Stevens

 

Wes Streeting

 

1

 

Clause  1,  page  2,  line  15,  at end insert—

 

“(2)    

In Schedule 6 to the Charities Act 2011 (appeals and applications to Tribunal)

 

insert in the appropriate place—

 

“Decision of the Commission

The persons are—

Power to quash the decision

 
 

to issue a warning under

(a) the charity trustees of the

and (if appropriate) remit the

 
 

section 75A to a charity

charity; and

matter to the Commission.””

 
 

trustee, trustee for a charity or

(b) (if a body corporate) the

  
 

a charity

charity itself.

  
 

Member’s explanatory statement

 

The Bill gives the Commission a power to issue an official warning to a charity or trustee where it

 

feels there has been a breach of trust or duty or other misconduct or mismanagement. This

 

amendment ensures the right of a charity to appeal the warning to the Charities Tribunal.

 



 
 

Public Bill Committee: 15 December 2015                  

3

 

Charities (Protection and Social Investment) -[Lords], continued

 
 

Anna Turley

 

Louise Haigh

 

Conor McGinn

 

Peter Kyle

 

Jo Stevens

 

Wes Streeting

 

3

 

Clause  2,  page  2,  line  21,  after “75A” insert, “unless a challenge has been made to

 

the Tribunal under Schedule 6 to the Charities Act 2011,”

 

Member’s explanatory statement

 

To remove the automatic ability of the Commission to take action after a warning (under section

 

76 of Charities Act - suspension of trustees) if said warning has been challenged with the Tribunal.

 


 

Anna Turley

 

Louise Haigh

 

Conor McGinn

 

Peter Kyle

 

Jo Stevens

 

Wes Streeting

 

4

 

Clause  6,  page  5,  line  2,  at end insert—

 

“(4)    

An order under this section will automatically be discharged on the closure of the

 

inquiry under section 46 which is referred to in subsection (1).”

 

Member’s explanatory statement

 

To restrict the power to ensure that if a tribunal appeal is successful, a direction by the

 

Commission as a result of the warning is no longer relevant.

 


 

Anna Turley

 

Louise Haigh

 

Conor McGinn

 

Peter Kyle

 

Jo Stevens

 

Wes Streeting

 

7

 

Clause  11,  page  10,  line  5,  after “person” add “or persons”

 

Member’s explanatory statement

 

This amendment aims to ensure that, where there has been a collective failure to act, a whole

 

trustee board should be held accountable.


 
 

Public Bill Committee: 15 December 2015                  

4

 

Charities (Protection and Social Investment) -[Lords], continued

 
 

Anna Turley

 

Louise Haigh

 

Conor McGinn

 

Peter Kyle

 

Jo Stevens

 

Wes Streeting

 

5

 

Clause  11,  page  10,  line  31,  leave out “(either generally or in relation to the

 

charities or classes of charity specified or described in the order)” and insert, “, as defined

 

by the Commission in a specific document to be published after consultation and renewed

 

every five years”.

 

Member’s explanatory statement

 

Instead of removing this power altogether, this amendment ensures the Commission publicises its

 

definition of “person unfit to be a charity trustee” following a consultation.

 

Anna Turley

 

Louise Haigh

 

Conor McGinn

 

Peter Kyle

 

Jo Stevens

 

Wes Streeting

 

6

 

Clause  11,  page  11,  line  33,  after “conduct” insert, “both relevant and serious”

 

Member’s explanatory statement

 

To ensure a more narrow and relevant definition of “conduct”.

 


 

New Clauses

 

Geoffrey Clifton-Brown

 

NC1

 

To move the following Clause—

 

         

“Assessment of harm by charities

 

(1)    

The Secretary of State shall make regulations obliging trustees to identify and

 

assess risks of harm to beneficiaries and the public when carrying out their

 

charitable purpose, together with actions to be taken to manage and minimise

 

risks.

 

(2)    

The regulations will include provision that charities with a turnover of excess of

 

£1 million are required to publish assessments of harm relating to the charity’s

 

purpose as set out in subsection (1).

 

(3)    

The regulations shall provide that charities specified in subsection (2) publish

 

their assessments of harm relating to their purpose in their annual reports.


 
 

Public Bill Committee: 15 December 2015                  

5

 

Charities (Protection and Social Investment) -[Lords], continued

 
 

(4)    

Regulations under this section must be made by statutory instrument.”

 

Member’s explanatory statement

 

Charity Commission guidance states that carrying out a charity’s purposes for the public benefit

 

includes managing risks of harm to the charity’s beneficiaries or the public that might result from

 

carrying out this purpose. The New Clause seeks to place a legal obligation on charities to carry

 

out such assessments and charities with a turnover of £1 million would be required to publish

 

them.

 


 

Anna Turley

 

Louise Haigh

 

Conor McGinn

 

Peter Kyle

 

Jo Stevens

 

Wes Streeting

 

NC2

 

To move the following Clause—

 

         

“Power to make representations

 

(1)    

A charity may undertake political campaigning or political activity in the context

 

of supporting the delivery of its charitable purposes.

 

(2)    

A charity may campaign to ensure support for, or to oppose, a change in the law,

 

policy or decisions of central government, local authorities or other public

 

bodies.”

 

Member’s explanatory statement

 

This New Clause would enshrine in legislation the right of charities to undertake political

 

campaigning activity.

 


 

Anna Turley

 

Louise Haigh

 

Conor McGinn

 

Peter Kyle

 

Jo Stevens

 

Wes Streeting

 

NC3

 

To move the following Clause—

 

         

“Independent schools’ facilities: public benefit

 

In section 4 of the Charities Act 2011 (the public benefit requirement), after

 

subsection (4) insert—

 

“(5)    

Independent schools which are charities must engage actively with local

 

communities and state schools with a view to sharing resources and facilities.


 
 

Public Bill Committee: 15 December 2015                  

6

 

Charities (Protection and Social Investment) -[Lords], continued

 
 

(6)    

The Charity Commission must publish guidance setting out the minimum that

 

independent schools which are charities must do to comply with the duty in

 

subsection (5).””

 

Member’s explanatory statement

 

This New Clause would require independent schools to engage with their local communities and

 

state schools to share resources and facilities.

 


 

Anna Turley

 

Louise Haigh

 

Conor McGinn

 

Peter Kyle

 

Jo Stevens

 

Wes Streeting

 

NC4

 

To move the following Clause—

 

         

“Independent schools’ sports facilities: public benefit

 

In section 4 of the Charities Act 2011 (the public benefit requirement), after

 

subsection (4) insert—

 

“(5)    

Independent schools which are charities must engage fully with local

 

communities and state schools with a view to sharing sports facilities and

 

coaching expertise.

 

(6)    

The Charity Commission must publish guidance setting out the minimum that

 

independent schools which are charities must do to comply with the duty in

 

subsection (5).””

 

Member’s explanatory statement

 

This New Clause would require independent schools to engage with their local communities and

 

state schools to share sports resources and facilities.

 


 

Anna Turley

 

Louise Haigh

 

Conor McGinn

 

Peter Kyle

 

Jo Stevens

 

Wes Streeting

 

NC5

 

To move the following Clause—

 

         

“Independent schools’ music and arts facilities: public benefit

 

In section 4 of the Charities Act 2011 (the public benefit requirement), after

 

subsection (4) insert—

 

“(5)    

Independent schools which are charities must engage fully with local

 

communities and state schools with a view to sharing facilities for music, drama

 

and arts.


 
 

Public Bill Committee: 15 December 2015                  

7

 

Charities (Protection and Social Investment) -[Lords], continued

 
 

(6)    

The Charity Commission must publish guidance setting out the minimum that

 

independent schools which are charities must do to comply with the duty in

 

subsection (5).””

 

Member’s explanatory statement

 

This New Clause would require independent schools to engage with their local communities and

 

state schools to share music resources and facilities.

 


 

Anna Turley

 

Louise Haigh

 

Conor McGinn

 

Peter Kyle

 

Jo Stevens

 

Wes Streeting

 

NC6

 

To move the following Clause—

 

         

“Independent schools’ careers advice: public benefit

 

In section 4 of the Charities Act 2011 (the public benefit requirement), after

 

subsection (4) insert—

 

“(5)    

Independent schools which are charities must engage fully with local

 

communities and state schools with a view to careers advice, work experience and

 

further education admissions advice.

 

(6)    

The Charity Commission must publish guidance setting out the minimum that

 

independent schools which are charities must do to comply with the duty in

 

subsection (5).””

 

Member’s explanatory statement

 

This New Clause would require independent schools to engage with their local communities and

 

state schools to share careers advice, work experience opportunities and further education

 

admissions.

 

 

ORDER OF THE HOUSE [3 December 2015]

 

That the following provisions shall apply to the Charities (Protection and Social

 

Investment) Bill [Lords]:

 

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 Thursday 7 January 2016.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Proceedings on Consideration and up to and including Third Reading

 

4.    

Proceedings on Consideration and proceedings in legislative grand

 

committee shall (so far as not previously concluded) be brought to a

 

conclusion one hour before the moment of interruption on the day on which

 

proceedings on Consideration are commenced.


 
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Revised 15 December 2015