Session 2010 - 12
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Other Bills before Parliament

Charities Bill [HL]


Charities Bill [HL]
Schedule 1 — The Charity Commission

170

 

Schedules

Schedule 1

Section 13

 

The Charity Commission

Membership

1     (1)  

The Commission is to consist of—

5

(a)   

a person appointed by the Minister to chair the Commission, and

(b)   

at least 4, but not more than 8, other members appointed by the

Minister.

      (2)  

The Minister must exercise the power in sub-paragraph (1) so as to secure

that—

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(a)   

the knowledge and experience of the members of the Commission

(taken together) includes knowledge and experience of the matters

mentioned in sub-paragraph (3),

(b)   

at least two members have a 7 year general qualification within the

meaning of section 71 of the Courts and Legal Services Act 1990, and

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(c)   

at least one member—

(i)   

knows about conditions in Wales, and

(ii)   

has been appointed following consultation with the Welsh

Ministers.

      (3)  

The matters are—

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(a)   

the law relating to charities,

(b)   

charity accounts and the financing of charities, and

(c)   

the operation and regulation of charities of different sizes and

descriptions.

      (4)  

In sub-paragraph (2)(c) “member” does not include the person appointed to

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chair the Commission.

Terms of appointment and remuneration

2          

The members of the Commission hold and vacate office as such in

accordance with the terms of their respective appointments.

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.

      (2)  

A person holding office as a member of the Commission—

(a)   

may resign that office by giving notice in writing to the Minister, and

(b)   

may be removed from office by the Minister on the ground of

incapacity or misbehaviour.

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Charities Bill [HL]
Schedule 1 — The Charity Commission

171

 

      (3)  

Before removing a member of the Commission the Minister must consult—

(a)   

the Commission, and

(b)   

if the member was appointed following consultation with the Welsh

Ministers, the Welsh Ministers.

      (4)  

No person may hold office as a member of the Commission for more than 10

5

years in total.

      (5)  

For the purposes of sub-paragraph (4), time spent holding office as a Charity

Commissioner for England and Wales counts as time spent holding office as

a member of the Commission.

4     (1)  

The Commission must pay to its members such remuneration, and such

10

other allowances, as may be determined by the Minister.

      (2)  

The Commission must, if required to do so by the Minister—

(a)   

pay such pension, allowances or gratuities as may be determined by

the Minister to or in respect of a person who is or has been a member

of the Commission, or

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(b)   

make such payments as may be so determined towards provision for

the payment of a pension, allowances or gratuities to or in respect of

such a person.

      (3)  

Sub-paragraph (4) applies if the Minister determines that there are special

circumstances which make it right for a person ceasing to hold office as a

20

member of the Commission to receive compensation.

      (4)  

The Commission must pay to the person a sum by way of compensation of

such amount as may be determined by the Minister.

Staff

5     (1)  

The Commission—

25

(a)   

must appoint a chief executive, and

(b)   

may appoint such other staff as it may determine.

      (2)  

The terms and conditions of service of persons appointed under sub-

paragraph (1) are to be such as the Commission may determine with the

approval of the Minister for the Civil Service.

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Committees

6     (1)  

The Commission may establish committees and any committee of the

Commission may establish sub-committees.

      (2)  

The members of a committee of the Commission may include persons who

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

Commission).

Procedure etc.

7     (1)  

The Commission may regulate its own procedure (including quorum).

      (2)  

The validity of anything done by the Commission is not affected by—

40

(a)   

a vacancy among its members, or

(b)   

a defect in the appointment of a member.

 
 

Charities Bill [HL]
Schedule 1 — The Charity Commission

172

 

Performance of functions

8          

Anything authorised or required to be done by the Commission may be

done by—

(a)   

any member or member of staff of the Commission who is

authorised for that purpose by the Commission, whether generally

5

or specially;

(b)   

any committee of the Commission which has been so authorised.

Evidence

9          

The Documentary Evidence Act 1868 has effect as if—

(a)   

the Commission were mentioned in the first column of the Schedule

10

to that Act,

(b)   

any member or member of staff of the Commission authorised to act

on behalf of the Commission were specified in the second column of

that Schedule in connection with the Commission, and

(c)   

the regulations referred to in that Act included any document issued

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by or under the authority of the Commission.

Execution of documents

10    (1)  

A document is executed by the Commission by the fixing of its common seal

to the document.

      (2)  

But the fixing of that seal to a document must be authenticated by the

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signature of—

(a)   

any member of the Commission, or

(b)   

any member of its staff,

           

who is authorised for the purpose by the Commission.

      (3)  

A document which is expressed (in whatever form of words) to be executed

25

by the Commission and is signed by—

(a)   

any member of the Commission, or

(b)   

any member of its staff,

           

who is authorised for the purpose by the Commission has the same effect as

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

that it is intended to be a deed has effect, upon delivery, as a deed; and it is

to be presumed (unless a contrary intention is proved) to be delivered upon

its being executed.

      (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—

(a)   

any member of the Commission, or

(b)   

any member of its staff;

           

and, if it makes it clear on its face that it is intended to be a deed, it is to be

treated as having been delivered upon its being executed.

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      (6)  

For the purposes of this paragraph—

“authorised” means authorised whether generally or specially, and

“purchaser”—

 
 

Charities Bill [HL]
Schedule 1 — The Charity Commission

173

 

(a)   

means a purchaser in good faith for valuable consideration,

and

(b)   

includes a lessee, mortgagee or other person who for

valuable consideration acquired an interest in property.

Annual report

5

11    (1)  

As soon as practicable after the end of each financial year the Commission

must publish a report on—

(a)   

the discharge of its functions,

(b)   

the extent to which, in its opinion, its objectives (see section 14) have

been met,

10

(c)   

the performance of its general duties (see section 16), and

(d)   

the management of its affairs,

           

during that year.

      (2)  

The Commission must lay a copy of each such report before Parliament.

      (3)  

“Financial year” means the 12 months ending with 31 March in any year.

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Annual public meeting

12    (1)  

The Commission must hold a public meeting (“the annual meeting”) for the

purpose of enabling a report under paragraph 11 to be considered.

      (2)  

The annual meeting must be held within the period of 3 months beginning

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—

(a)   

a general discussion of the contents of the report which is being

considered, and

(b)   

a reasonable opportunity for those attending the meeting to put

questions to the Commission about matters to which the report

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relates.

      (4)  

But subject to sub-paragraph (3) the annual meeting is to be organised and

conducted in such a way as the Commission considers appropriate.

      (5)  

The Commission must—

(a)   

take such steps as are reasonable in the circumstances to ensure that

30

notice of the annual meeting is given to every registered charity, and

(b)   

publish notice of the annual meeting in the way appearing to it to be

best calculated to bring it to the attention of members of the public.

      (6)  

Each such notice must—

(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,

(c)   

indicate the proposed duration of the meeting, and

(d)   

give details of the Commission’s arrangements for enabling persons

to attend.

      (7)  

If the Commission proposes to alter any of the arrangements which have

40

been included in notices given or published under sub-paragraph (5) it

must—

(a)   

give reasonable notice of the alteration, and

 
 

Charities Bill [HL]
Schedule 2 — The official custodian

174

 

(b)   

publish the notice in the way appearing to it to be best calculated to

bring it to the attention of registered charities and members of the

public.

Schedule 2

Section 21

 

The official custodian

5

Status and official seal

1          

The official custodian is a corporation sole whose official seal is to be

officially and judicially noticed.

Expenses

2          

The expenses of the official custodian (except those reimbursed to, or

10

recovered by, the official custodian as trustee for any charity) are to be

defrayed by the Commission.

Performance of functions and liability for loss or misapplication of property

3          

Anything which is required to or may be done by, to or before the official

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

custodian during a vacancy in the official custodian’s office or otherwise.

4     (1)  

The official custodian is not liable as trustee for any charity in respect of any

loss or of the misapplication of any property unless it is occasioned by or

through the wilful neglect or default of—

20

(a)   

the official custodian, or

(b)   

any person acting for the official custodian.

      (2)  

But the Consolidated Fund is liable to make good to a charity any sums for

which the official custodian may be liable because of any such neglect or

default.

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Accounts

5          

The official custodian must—

(a)   

keep such books of account and such records in relation to them as

may be directed by the Treasury, and

(b)   

prepare accounts, in such form, in such manner and at such times as

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may be directed by the Treasury.

6          

The Comptroller and Auditor General must—

(a)   

examine, certify and report on the accounts so prepared, and

(b)   

send a copy of the certified accounts and the report to the

Commission.

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7          

The Commission must publish and lay before Parliament a copy of the

documents sent to it under paragraph 6(b).

 
 

 
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Revised 28 June 2011