Session 2010 - 12
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Other Bills before Parliament

Charities Bill [HL]


Charities Bill [HL]

viii

 

Offences

173   

Offences of failing to supply certain documents

Chapter 5

Powers to set financial thresholds

174   

Powers to alter certain sums specified in this Part

175   

Aggregate gross income of group

176   

Larger groups: “relevant income threshold” and “relevant assets threshold”

Part 9

Charity trustees, trustees and auditors etc.

Meaning of “charity trustees”

177   

Meaning of “charity trustees”

Disqualification of charity trustees and trustees

178   

Persons disqualified from being charity trustees or trustees of a charity

179   

Disqualification: pre-commencement events etc.

180   

Disqualification: exceptions in relation to charitable companies

181   

Power to waive disqualification

182   

Records of persons removed from office

183   

Criminal consequences of acting while disqualified

184   

Civil consequences of acting while disqualified

Remuneration of charity trustees and trustees etc.

185   

Remuneration of charity trustees or trustees etc. providing services to charity

186   

Disqualification of charity trustee or trustee receiving remuneration under

s.185

187   

Meaning of “benefit”, “remuneration”, “services” etc.

188   

Meaning of “connected person”

Indemnity insurance for charity trustees and trustees

189   

Indemnity insurance for charity trustees and trustees

190   

Power to amend s.189

Powers to relieve trustees and auditors etc. from liability

191   

Commission’s power to relieve trustees and auditors etc. from liability

192   

Court’s power to grant relief to apply to all auditors etc. of charities which are

not companies

 
 

Charities Bill [HL]

ix

 

Part 10

Charitable companies etc.

Introductory

193   

Meaning of “charitable company”

Disclosure of charitable status by companies

194   

Requirement to disclose charitable status

195   

Civil consequences of failure to make required disclosure

196   

Criminal consequences of failure to make required disclosure

Restrictions on alteration of objects

197   

Alteration of objects by bodies corporate and charitable status

198   

Alteration of objects by companies and Commission’s consent

199   

Meaning of “benefit” in s.198(2)

200   

Meaning of “connected person” in s.198(2)

Acts requiring Commission consent

201   

Consent of Commission required for approval etc. by members of charitable

companies

202   

Consent of Commission required for certain acts of charitable company

Restoration of charitable company to register

203   

Application for restoration of charitable company to register

Part 11

Charitable incorporated organisations (CIOs)

Chapter 1

General

Nature and constitution

204   

Meaning of “CIO”

205   

Nature

206   

Constitution

Formation and registration of CIO

207   

Application for CIO to be constituted and registered

208   

Cases where application must or may be refused

209   

Registration of CIO

210   

Effect of registration of CIO

 
 

Charities Bill [HL]

x

 

Name and status

211   

Name

212   

Status

213   

Civil consequences of failure to disclose name or status

214   

Offence of failing to disclose name or status

215   

Offence of holding out that a body is a CIO

Chapter 2

Powers, capacity and procedure etc.

216   

Powers of CIO

217   

Constitutional requirements

218   

Third parties

219   

Limits to s.218

220   

Duty of CIO members

221   

Duties of charity trustees

222   

Personal benefit and payments

223   

Regulations about procedure of CIOs

Chapter 3

Amendment of constitution

224   

Amendment of constitution and procedure

225   

Amendment of constitution and charitable status

226   

Amendment of constitution and Commission’s consent

227   

Registration and coming into effect of amendments

Chapter 4

Conversion, amalgamation and transfer

Conversion of certain bodies to CIO

228   

Application for conversion by charitable company

229   

Application for conversion by registered society

230   

Commission to consult appropriate registrar and others

231   

Cases where application must or may be refused

232   

Provisional and final registration of converting body

233   

Effect of registration becoming final

234   

Conversion of community interest company

Amalgamation of CIOs

235   

Application for amalgamation of CIOs

236   

Notice of application for amalgamation

237   

Cases where application must or may be refused

238   

Registration of amalgamated CIO

239   

Effect of registration

Transfer of CIO’s undertaking to another CIO

240   

Resolutions about transfer of CIO’s undertaking to another CIO

 
 

Charities Bill [HL]

xi

 

241   

Notice of transfer of CIO’s undertaking to another CIO

242   

Cases where confirmation of resolution must or may be refused

243   

Confirmation of resolution

244   

Effect of confirmation of resolution

Chapter 5

Supplementary

245   

Regulations about winding up, insolvency and dissolution

246   

Power to make further provision about CIOs

247   

Meaning of “CIO regulations”

248   

Meaning of “benefit”

249   

Meaning of “connected person”

250   

Effect of provisions relating to vesting or transfer of property

Part 12

Incorporation of charity trustees

General

251   

Incorporation of charity trustees

252   

Estate to vest in incorporated body

253   

Gifts to take effect as gifts to incorporated body

254   

Liability of charity trustees not affected by incorporation

255   

Charity trustees bound by conditions in certificate etc.

Application procedure

256   

Applications for incorporation

257   

Requirement to be met before certificate is granted

258   

Certificate conclusive as to compliance with incorporation requirements etc.

Administration etc. of charity whose charity trustees are incorporated

259   

Filling up of vacancies in charity trustees

260   

Execution of documents by incorporated body: general

261   

Conferral of authority to execute documents

Commission’s powers to amend certificate or dissolve body

262   

Amendment of certificate of incorporation

263   

Dissolution of incorporated body

Supplementary

264   

Records of applications and certificates

265   

Meaning of “incorporated body” and “relevant charity”

266   

Effect of provisions relating to vesting or transfer of property

 
 

Charities Bill [HL]

xii

 

Part 13

Unincorporated charities

Power to transfer all property of unincorporated charity

267   

Introduction

268   

Resolution to transfer all property

269   

Notice of, and information about, resolution to transfer property

270   

General rule as to when s.268 resolution takes effect

271   

S.268 resolution not to take effect or to take effect at later date

272   

Transfer of property in accordance with s.268 resolution

273   

Transfer where charity has permanent endowment: general

274   

Requirements relating to permanent endowment

Powers to alter purposes or powers etc. of unincorporated charity

275   

Resolution to replace purposes of unincorporated charity

276   

Notice of, and information about, s.275 resolution

277   

General rule as to when s.275 resolution takes effect

278   

S.275 resolution not to take effect or to take effect at a later date

279   

Replacement of purposes in accordance with s.275

280   

Power to modify powers or procedures of unincorporated charity

Powers of unincorporated charities to spend capital

281   

Power of unincorporated charities to spend capital: general

282   

Resolution to spend larger fund given for particular purpose

283   

Notice of, and information about, s.282 resolution

284   

When and how s.282 resolution takes effect

Supplementary

285   

Power to alter sums specified in this Part

286   

Effect of provisions relating to vesting or transfer of property

Part 14

Special trusts

287   

Meaning of “special trust”

288   

Power to spend capital subject to special trusts: general

289   

Resolution to spend capital subject to special trusts: larger fund

290   

Notice of, and information about, s.289 resolution

291   

When and how s.289 resolution takes effect

292   

Power to alter sum specified in s.289

Part 15

Local charities

Indexes and reviews etc.

293   

Meaning of “local charity”

 
 

Charities Bill [HL]

xiii

 

294   

Local authority’s index of local charities

295   

Reviews of local charities by local authority

296   

S.294 and s.295: supplementary

297   

Co-operation between charities, and between charities and local authorities

Parochial charities

298   

Transfer of property to parish or community council or its appointees

299   

Local authorities’ power to appoint representative trustees

300   

Powers of appointment deriving from pre-1894 powers

301   

Powers of appointment deriving from pre-1927 powers

302   

Term of office of trustees appointed under s.299 to s.301

303   

S.298 to s.302: supplementary

Supplementary

304   

Effect of provisions relating to vesting or transfer of property

Part 16

Charity mergers

Registration

305   

Register of charity mergers

306   

Meaning of “relevant charity merger” etc.

307   

Notification of charity mergers

308   

Details to be entered in register of charity mergers

309   

Right to inspect register of charity mergers

Vesting declarations and effect of merger on certain gifts

310   

Pre-merger vesting declarations

311   

Effect of registering charity merger on gifts to transferor

312   

“Transferor” and “transferee” etc. in s.310 and s.311

Supplementary

313   

Effect of provisions relating to vesting or transfer of property

314   

Exception for CIOs

Part 17

The Tribunal

Chapter 1

General

315   

The Tribunal

316   

Rules relating to appeals, applications or references

317   

Appeal from Tribunal

318   

Intervention by Attorney General

 
 

Charities Bill [HL]

xiv

 

Chapter 2

Appeals and applications to Tribunal

319   

Appeals: general

320   

Appeals: orders under s.52

321   

Reviews

322   

Reviewable matters

323   

Remission of matters to Commission

324   

Power to amend provisions relating to appeals and applications to Tribunal

Chapter 3

References to Tribunal

325   

References by Commission

326   

References by Attorney General

327   

Powers of Commission in relation to matters referred to Tribunal

328   

Suspension of time limits while reference is in progress

329   

Agreement for Commission to act while reference is in progress

330   

Appeals and applications in respect of matters determined on references

331   

Interpretation

Part 18

Miscellaneous and supplementary

Administrative provisions about charities

332   

Manner of giving notice of charity meetings, etc.

333   

Conferral of authority to execute documents

334   

Transfer and evidence of title to property vested in trustees

Enforcement powers of Commission etc.

335   

Enforcement of requirements by order of Commission

336   

Enforcement of orders of Commission

337   

Other provisions as to orders of Commission

338   

Directions of the Commission or person conducting inquiry

339   

Service of orders and directions

Documents and evidence etc.

340   

Enrolment and deposit of documents etc.

341   

Evidence of documents received by Commission etc.

342   

Report of inquiry to be evidence in certain proceedings

343   

Evidence of documents issued by Commission etc.

344   

Other miscellaneous provisions as to evidence

Offences

345   

Restriction on institution of proceedings for certain offences

346   

Offences by bodies corporate

 
 

 
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Revised 28 June 2011