Session 2015-16
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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Tuesday 5 January 2016

 

New Amendments handed in are marked thus Parliamentary Star

 

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

 

Public Bill Committee


 

Charities


 

(Protection and Social Investment)


 

Bill [Lords]


 

Note

 

This document includes all amendments remaining before the Committee and

 

includes any withdrawn amendments at the end. The amendments have been

 

arranged in the Order they relate to the Bill.

 


 

New Clauses

 

Mr Rob Wilson

 

NC7

 

To move the following Clause—

 

         

“Reserve powers to control fund-raising

 

(1)    

The Charities Act 1992 is amended as follows.

 

(2)    

In Part 2, after section 64A (reserve power to control fund-raising by charitable

 

institutions) insert—

 

“64B  

Reserve power in relation to fund-raising regulators

 

(1)    

Regulations under section 64A may, in particular, impose on charitable

 

institutions requirements to do any of the following—

 

(a)    

to comply with requirements imposed by a regulator;

 

(b)    

to have regard to guidance issued by a regulator;


 
 

Notices of Amendments: 5 January 2016                  

2

 

Charities-[Lords], continued

 
 

(c)    

to be registered with a regulator for the purpose of its regulation

 

of charity fund-raising.

 

(2)    

“Regulator” means a body specified in the regulations as a regulator for

 

the purposes of this section.

 

(3)    

A body may be specified as a regulator for the purposes of this section

 

only if the regulation of charity fund-raising appears to the Minister to be

 

a principal function of the body.

 

(4)    

A body maintained out of money provided by Parliament may not be

 

specified as a regulator (and this section does not confer power by

 

regulations to establish a body to act as regulator).”

 

(3)    

In Part 2, after section 64B insert—

 

“64C  

Reserve power to confer additional powers on Charity Commission

 

(1)    

In the case of charity fund-raising which—

 

(a)    

is carried on by a charity, a person managing a charity or a person

 

or company connected with a charity, or

 

(b)    

involves soliciting or otherwise procuring funds for the benefit

 

of a charity or a company connected with a charity, or for

 

charitable purposes,

 

    

regulations under section 64A may, in particular, make provision

 

conferring functions on the Charity Commission, including provision

 

applying or reproducing, with or without modification, any provision of

 

the Charities Act 2011.

 

(2)    

The regulations may provide for a power that is exercisable by the

 

Commission by virtue of the regulations to be exercisable by a person

 

appointed by the Commission for the purpose.”

 

(4)    

In section 64A(2) after “this section” insert “and sections 64B and 64C”.

 

(5)    

In section 77(4) (regulations and orders) at the end insert “and, in the case of

 

regulations made by virtue of section 64B or 64C, shall in particular consult the

 

Charity Commission.””

 

Member’s explanatory statement

 

This is a new clause to extend the existing reserve power to regulate charity fund-raising (in s.64A

 

of the Charities Act 1992). If exercised, the power could require mandatory registration and

 

compliance with a specified fund-raising regulator or for fund-raising regulation to be carried out

 

by the Charity Commission.

 


 

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.


 
 

Notices of Amendments: 5 January 2016                  

3

 

Charities-[Lords], continued

 
 

(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.

 

(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.


 
 

Notices of Amendments: 5 January 2016                  

4

 

Charities-[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.


 
 

Notices of Amendments: 5 January 2016                  

5

 

Charities-[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.


 
 

Notices of Amendments: 5 January 2016                  

6

 

Charities-[Lords], continued

 
 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings in Consideration and up to and including Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of any message from the Lords) may be programmed.

 

 

Order of the Committee [Tuesday 15 December]

 

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.

 


 

 

Revised 06 January 2016