Session 2015-16
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Tuesday 15 December 2015

 

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includes any withdrawn amendments at the end.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.

 


 

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.


 
 

Notices of Amendments: 15 December 2015                  

2

 

Charities (Protection and Social Investment) -[ [], 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.

 

(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


 
 

Notices of Amendments: 15 December 2015                  

3

 

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

 
 

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.

 

(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.

 



 
 

Notices of Amendments: 15 December 2015                  

4

 

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

 
 

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.

 

(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.

 



 
 

Notices of Amendments: 15 December 2015                  

5

 

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

 
 

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.

 

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.


 
 

Notices of Amendments: 15 December 2015                  

6

 

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

 
 

 

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 15 December 2015