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1

 

House of Commons

 
 

Tuesday 26 January 2016

 

Consideration of Bill (Report Stage)

 

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], As Amended


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in the

 

order in which they relate to the Bill.

 


 

New Clauses

 

Anna Turley

 

NC1

 

To move the following Clause—

 

         

“Appeals and applications to the Tribunal

 

(1)    

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

 

insert in the appropriate place—

 

“Decision of the

The persons are—

Power to quash the

 
 

Commission to issue a

any of the charity

decision and (if

 
 

warning under section

trustees of the charity;

appropriate) remit the

 
 

75A to a charity trustee,

and

matter to the

 
 

trustee for a charity or a

(if a body corporate) the

Commission.”

 
 

charity.

charity itself.

  

 
 

Consideration of Bill (Report Stage): 26 January 2016      

2

 

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

 
 

(2)    

If the charity decides to appeal against a warning, under Schedule 6 of the

 

Charities Act 2011, the Commission will not publish the warning for at least 28

 

days from the date of the submission of the appeal.”

 


 

Anna Turley

 

NC2

 

To move the following Clause—

 

         

“Disposal of assets

 

The Charity Commission shall ensure that independent charities are not

 

compelled to use or dispose of their assets in a way which is inconsistent with

 

their charitable purposes.”

 


 

Anna Turley

 

NC3

 

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.”

 


 

Mr Bernard Jenkin

 

NC4

 

To move the following Clause—

 

         

“Power to hold hearings on fundraising regulation and charity activity

 

(1)    

The Commission has the power to hold public hearings with representatives from

 

charities, charity trusts and other relevant bodies on fundraising regulation and

 

charity fundraising activities.

 

(2)    

Representatives appearing at the public hearings specified in subsection (1) are

 

protected by legal professional privilege.”

 

Member’s explanatory statement

 

This amendment requires the Charity Commission to hold annual hearings on fundraising

 

regulation and the workings of charities and provides participants with the protection of legal

 

professional privilege.

 



 
 

Consideration of Bill (Report Stage): 26 January 2016      

3

 

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

 
 

Mr Bernard Jenkin

 

NC5

 

To move the following Clause—

 

         

“The Charity Commission as primary guarantor of the regulatory system for

 

fundraising

 

(1)    

Section 69 of the Charities Act 2006 (Reserve power to control fund-raising by

 

charitable institutions), which inserts section 64A into the Charities 1992 Act

 

(Reserve power to control fund-raising by charitable institutions) is amended as

 

follows.

 

(2)    

In subsection (1) for “Minister” substitute “Charity Commission”.

 

(3)    

After subsection (8) insert—

 

“(9)    

The Charity Commission shall report annually to the Minister on the

 

exercise of its powers under this section.

 

(10)    

On reviewing the annual report or if the Secretary of State considers the

 

Commission is not effectively exercising its function as guarantor of the

 

regulatory system the Minister may himself exercise the powers under

 

this section.””

 

Member’s explanatory statement

 

This amendment makes the Charity Commission the primary regulator of charities fundraising

 

activities, requires the Charity Commission to report annually to the Cabinet Office on its

 

regulation of charitable fundraising, and allows the Government to intervene in this regulation as

 

a last resort.

 

 


 

Anna Turley

 

9

 

Clause  1,  page  1,  line  12,  at beginning insert “Subject to subsection (3)”

 

Anna Turley

 

8

 

Clause  1,  page  1,  line  12,  leave subsection (2) and insert—

 

“(2)    

The Commission may issue a warning to a charity trustee, a trustee for a charity

 

or a charity in any way it considers appropriate but may not publish a warning to

 

a wider audience.”

 

Anna Turley

 

10

 

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

 

“(2A)    

If the Commission decides to publish a warning under subsection (2) it must do

 

so in a manner which does not identify the charity, or charity trustee, in relation

 

to which the warning is issued.”

 

Anna Turley

 

11

 

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


 
 

Consideration of Bill (Report Stage): 26 January 2016      

4

 

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

 
 

Anna Turley

 

12

 

Clause  1,  page  2,  line  6,  leave out subsection (b) and insert—

 

“(b)    

such advice or guidance that the Commission considers may assist the

 

charity to remedy the conduct which gave rise to the warning, as referred

 

to in (a) above.”

 

Matthew Hancock

 

2

 

Clause  1,  page  2,  line  18,  at end insert—

 

“( )    

The Commission may vary or withdraw a warning under this section.

 

( )    

Subsection (2) applies to the variation or withdrawal of a warning as it

 

applies to a warning.

 

( )    

Subsections (3) to (6) apply to the variation of a warning as they apply to

5

a warning, except that—

 

(a)    

in subsection (5)(a) references to the warning are to be read as

 

references to the warning as varied, and

 

(b)    

the matter to be specified under subsection (5)(b) is any change

 

as a result of the variation in the action previously proposed by

10

the Commission.”

 

Member’s explanatory statement

 

The amendment makes provision for the variation or withdrawal of official warnings issued under

 

section 75A inserted by clause 1.

 

As an Amendment to Matthew Hancock’s proposed Amendment (No. 2):—

 

Anna Turley

 

(a)

 

Line  10,  at end add—

 

“( )    

If the Commission publishes notice that a warning has been withdrawn under

 

subsection (2), the notice must state the reasons for the withdrawal.

 

( )    

No record of a warning withdrawn by the Commission should be held on the

 

Register of Charities.”

 


 

Matthew Hancock

 

3

 

Clause  9,  page  8,  line  7,  at beginning insert “it relates to the management of the

 

charity, and”

 

Member’s explanatory statement

 

In a small charity employees who are not managers may report directly to charity trustees.

 

Inserted section 178(4)(a) could cover their functions. This amendment would exclude them and

 

limit “senior management functions” to functions involving management.


 
 

Consideration of Bill (Report Stage): 26 January 2016      

5

 

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

 
 

Sir Edward Garnier

 

1

 

Clause  9,  page  10,  line  2,  at end insert—

 

“(22)    

Before this section comes into force, the Secretary of State shall lay a report

 

before Parliament on the impact of the extension of the disqualification

 

framework on—

 

(a)    

people with criminal records who are trustees of, or employed by,

 

charities, and

 

(b)    

charities which work with, or employ, ex-offenders.

 

(23)    

The report shall include, but not be limited to—

 

(a)    

an assessment of the number of people employed by charities who will

 

be affected by the extension of the disqualification framework to cover

 

senior management positions,

 

(b)    

an assessment of the number of people who are trustees of, or employed

 

by, charities who will be affected by the extension of the list of specified

 

offences for which people will be automatically disqualified from being

 

a trustee of, or a senior manager in, a charity,

 

(c)    

an assessment of the impact of the new disqualification framework on

 

former offenders who are seeking, or intend to seek, employment in the

 

charitable sector, including on their recruitment, retention, career

 

prospects and long-term rehabilitation and resettlement,

 

(d)    

an assessment of the impact of the new disqualification framework on

 

former offenders who are currently employed in the charitable sector,

 

including on their retention, career prospects and long-term rehabilitation

 

and resettlement,

 

(e)    

an assessment of the impact of the new disqualification framework on

 

people with criminal records who are trustees or employees of charities

 

which are partners in, or are contracted by, community rehabilitation

 

companies (CRCs) and its impact on the successful running of those

 

organisations,

 

(f)    

an assessment of the effectiveness of the existing waiver process

 

provided for under section 181 of the Charities Act 2011,

 

(g)    

an assessment of the impact of the new disqualification framework on the

 

number of applications for waivers to the Charity Commission,

 

(h)    

a description of how the working group set up by the Charity

 

Commission on the waiver process will be constituted, how it will be

 

resourced, what timelines it will be working to, its working method and

 

intended outputs, and how it will work in consultation with people with

 

criminal records and charities that work with, or employ, ex-offenders,

 

(i)    

a description of the criteria the Charity Commission will adopt in

 

considering applications for waivers, and the weight it will attach to the

 

views of the trustees of the charity or charities concerned,

 

(j)    

a description of how the waiver process will operate in relation to

 

prospective candidates for senior management positions in charities,

 

including the timescales for decisions and mechanisms to ensure that ex-

 

offenders do not suffer indirect discrimination as a consequence of delays

 

in assessing applications for waivers while a competitive recruitment

 

process is underway,


 
 

Consideration of Bill (Report Stage): 26 January 2016      

6

 

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

 
 

(k)    

an assessment of the impact of the new disqualification framework on the

 

resources provided by the Charity Commission to administer the waiver

 

application process.”

 

Member’s explanatory statement

 

This amendment would require the Secretary of State to lay before parliament a report on the

 

impact of the extension of the disqualification framework on people with criminal records who are

 

trustees of, or employed by, charities, and on charities which work with, or employ, ex-offenders

 

before the section came into force.

 


 

Anna Turley

 

13

 

Clause  10,  page  10,  line  7,  after “person” insert “or persons”

 

Matthew Hancock

 

4

 

Clause  10,  page  10,  line  19,  at beginning insert “it relates to the management of the

 

charity, and”

 

Member’s explanatory statement

 

In a small charity employees who are not managers may report directly to charity trustees.

 

Inserted section 181A(4)(a) could cover their functions. This amendment would exclude them and

 

limit “senior management functions” to functions involving management.

 

Anna Turley

 

14

 

Clause  10,  page  10,  line  35,  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”

 

Anna Turley

 

15

 

Clause  10,  page  11,  line  33,  after “conduct” insert “both relevant and serious”

 

Matthew Hancock

 

5

 

Clause  10,  page  12,  line  16,  after “spent” insert “or, where condition B applies,

 

would become spent if it were a conviction for the relevant disqualifying offence”

 

Member’s explanatory statement

 

The amendment adapts the reference to the time when a conviction becomes spent for cases

 

covered by condition B in inserted section 181A(7).

 



 
 

Consideration of Bill (Report Stage): 26 January 2016      

7

 

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

 
 

Matthew Hancock

 

6

 

Clause  14,  page  18,  line  6,  at end insert—

 

“( )    

to pay fees to a regulator of an amount determined by the

 

regulations or determined by the regulator in accordance with the

 

regulations;”

 

Member’s explanatory statement

 

The amendment would enable regulations to require charitable institutions to pay fees to a

 

regulator specified in the regulations for the purpose of regulating charity fund-raising.

 

Matthew Hancock

 

7

 

Clause  14,  page  18,  line  31,  at end insert—

 

“( )    

Where regulations by virtue of this section apply in relation to charity

 

fund-raising by institutions that are not charities, section 19 of the

 

Charities Act 2011 (fees and other amounts payable to Commission)

 

applies in relation to the regulations as it applies in relation to the

 

enactments relating to charities (but that is without prejudice to the

 

application of other provisions by virtue of this section or section 77(3)).”

 

Member’s explanatory statement

 

Regulations under the Charities Act 2011 may require fees to be paid to the Charity Commission

 

in respect of functions relating to charities. The amendment extends this to functions given to the

 

Commission under inserted section 64C in relation to the regulation of fund-raising by charitable

 

institutions that are not charities.

 

 

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.


 
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Revised 26 January 2016