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1 (1) | The Commission is to consist of— |
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(a) | a person appointed by the Minister to chair the Commission, and |
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(b) | at least 4, but not more than 8, other members appointed by the |
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(2) | The Minister must exercise the power in sub-paragraph (1) so as to secure |
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(a) | the knowledge and experience of the members of the Commission |
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(taken together) includes knowledge and experience of the matters |
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mentioned in sub-paragraph (3), |
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(b) | at least two members have a 7 year general qualification within the |
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meaning of section 71 of the Courts and Legal Services Act 1990, and |
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(i) | knows about conditions in Wales, and |
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(ii) | has been appointed following consultation with the Welsh |
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(a) | the law relating to charities, |
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(b) | charity accounts and the financing of charities, and |
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(c) | the operation and regulation of charities of different sizes and |
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(4) | In sub-paragraph (2)(c) “member” does not include the person appointed to |
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Terms of appointment and remuneration |
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2 | The members of the Commission hold and vacate office as such in |
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accordance with the terms of their respective appointments. |
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3 (1) | An appointment of a person to hold office as a member of the Commission |
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must be for a term of no more than 3 years. |
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(2) | A person holding office as a member of the Commission— |
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(a) | may resign that office by giving notice in writing to the Minister, and |
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(b) | may be removed from office by the Minister on the ground of |
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incapacity or misbehaviour. |
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(3) | Before removing a member of the Commission the Minister must consult— |
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(b) | if the member was appointed following consultation with the Welsh |
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Ministers, the Welsh Ministers. |
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(4) | No person may hold office as a member of the Commission for more than 10 |
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(5) | For the purposes of sub-paragraph (4), time spent holding office as a Charity |
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Commissioner for England and Wales counts as time spent holding office as |
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a member of the Commission. |
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4 (1) | The Commission must pay to its members such remuneration, and such |
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other allowances, as may be determined by the Minister. |
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(2) | The Commission must, if required to do so by the Minister— |
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(a) | pay such pension, allowances or gratuities as may be determined by |
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the Minister to or in respect of a person who is or has been a member |
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(b) | make such payments as may be so determined towards provision for |
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the payment of a pension, allowances or gratuities to or in respect of |
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(3) | Sub-paragraph (4) applies if the Minister determines that there are special |
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circumstances which make it right for a person ceasing to hold office as a |
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member of the Commission to receive compensation. |
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(4) | The Commission must pay to the person a sum by way of compensation of |
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such amount as may be determined by the Minister. |
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(a) | must appoint a chief executive, and |
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(b) | may appoint such other staff as it may determine. |
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(2) | The terms and conditions of service of persons appointed under sub- |
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paragraph (1) are to be such as the Commission may determine with the |
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approval of the Minister for the Civil Service. |
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6 (1) | The Commission may establish committees and any committee of the |
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Commission may establish sub-committees. |
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(2) | The members of a committee of the Commission may include persons who |
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are not members of the Commission (and the members of a sub-committee |
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may include persons who are not members of the committee or of the |
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7 (1) | The Commission may regulate its own procedure (including quorum). |
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(2) | The validity of anything done by the Commission is not affected by— |
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(a) | a vacancy among its members, or |
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(b) | a defect in the appointment of a member. |
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8 | Anything authorised or required to be done by the Commission may be |
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(a) | any member or member of staff of the Commission who is |
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authorised for that purpose by the Commission, whether generally |
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(b) | any committee of the Commission which has been so authorised. |
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9 | The Documentary Evidence Act 1868 has effect as if— |
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(a) | the Commission were mentioned in the first column of the Schedule |
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(b) | any member or member of staff of the Commission authorised to act |
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on behalf of the Commission were specified in the second column of |
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that Schedule in connection with the Commission, and |
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(c) | the regulations referred to in that Act included any document issued |
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by or under the authority of the Commission. |
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10 (1) | A document is executed by the Commission by the fixing of its common seal |
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(2) | But the fixing of that seal to a document must be authenticated by the |
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(a) | any member of the Commission, or |
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(b) | any member of its staff, |
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| who is authorised for the purpose by the Commission. |
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(3) | A document which is expressed (in whatever form of words) to be executed |
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by the Commission and is signed by— |
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(a) | any member of the Commission, or |
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(b) | any member of its staff, |
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| who is authorised for the purpose by the Commission has the same effect as |
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if executed in accordance with sub-paragraphs (1) and (2). |
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(4) | A document executed by the Commission which makes it clear on its face |
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that it is intended to be a deed has effect, upon delivery, as a deed; and it is |
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to be presumed (unless a contrary intention is proved) to be delivered upon |
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(5) | In favour of a purchaser a document is to be treated as having been duly |
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executed by the Commission if it purports to be signed on its behalf by— |
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(a) | any member of the Commission, or |
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(b) | any member of its staff; |
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| and, if it makes it clear on its face that it is intended to be a deed, it is to be |
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treated as having been delivered upon its being executed. |
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(6) | For the purposes of this paragraph— |
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“authorised” means authorised whether generally or specially, and |
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(a) | means a purchaser in good faith for valuable consideration, |
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(b) | includes a lessee, mortgagee or other person who for |
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valuable consideration acquired an interest in property. |
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11 (1) | As soon as practicable after the end of each financial year the Commission |
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must publish a report on— |
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(a) | the discharge of its functions, |
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(b) | the extent to which, in its opinion, its objectives (see section 14) have |
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(c) | the performance of its general duties (see section 16), and |
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(d) | the management of its affairs, |
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(2) | The Commission must lay a copy of each such report before Parliament. |
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(3) | “Financial year” means the 12 months ending with 31 March in any year. |
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12 (1) | The Commission must hold a public meeting (“the annual meeting”) for the |
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purpose of enabling a report under paragraph 11 to be considered. |
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(2) | The annual meeting must be held within the period of 3 months beginning |
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with the day on which the report is published. |
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(3) | The Commission must organise the annual meeting so as to allow— |
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(a) | a general discussion of the contents of the report which is being |
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(b) | a reasonable opportunity for those attending the meeting to put |
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questions to the Commission about matters to which the report |
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(4) | But subject to sub-paragraph (3) the annual meeting is to be organised and |
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conducted in such a way as the Commission considers appropriate. |
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(a) | take such steps as are reasonable in the circumstances to ensure that |
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notice of the annual meeting is given to every registered charity, and |
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(b) | publish notice of the annual meeting in the way appearing to it to be |
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best calculated to bring it to the attention of members of the public. |
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(6) | Each such notice must— |
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(a) | give details of the time and place at which the meeting is to be held, |
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(b) | set out the proposed agenda for the meeting, |
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(c) | indicate the proposed duration of the meeting, and |
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(d) | give details of the Commission’s arrangements for enabling persons |
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(7) | If the Commission proposes to alter any of the arrangements which have |
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been included in notices given or published under sub-paragraph (5) it |
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(a) | give reasonable notice of the alteration, and |
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(b) | publish the notice in the way appearing to it to be best calculated to |
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bring it to the attention of registered charities and members of the |
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1 | The official custodian is a corporation sole whose official seal is to be |
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officially and judicially noticed. |
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2 | The expenses of the official custodian (except those reimbursed to, or |
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recovered by, the official custodian as trustee for any charity) are to be |
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defrayed by the Commission. |
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Performance of functions and liability for loss or misapplication of property |
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3 | Anything which is required to or may be done by, to or before the official |
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custodian may be done by, to or before any member of the staff of the |
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Commission generally or specially authorised by it to act for the official |
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custodian during a vacancy in the official custodian’s office or otherwise. |
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4 (1) | The official custodian is not liable as trustee for any charity in respect of any |
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loss or of the misapplication of any property unless it is occasioned by or |
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through the wilful neglect or default of— |
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(a) | the official custodian, or |
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(b) | any person acting for the official custodian. |
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(2) | But the Consolidated Fund is liable to make good to a charity any sums for |
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which the official custodian may be liable because of any such neglect or |
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5 | The official custodian must— |
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(a) | keep such books of account and such records in relation to them as |
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may be directed by the Treasury, and |
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(b) | prepare accounts, in such form, in such manner and at such times as |
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may be directed by the Treasury. |
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6 | The Comptroller and Auditor General must— |
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(a) | examine, certify and report on the accounts so prepared, and |
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(b) | send a copy of the certified accounts and the report to the |
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7 | The Commission must publish and lay before Parliament a copy of the |
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documents sent to it under paragraph 6(b). |
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