Session 2015-16
Other Public Bills before Parliament
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Charities (Protection and Social Investment) Bill [HL]
list of Amendments
to be moved
in GRAND COMMITTEE
[Amendments marked * are new or have been altered]
Clause 1
BARONESS BARKER
LORD WALLACE OF SALTAIRE
Page 2, line 6,
leave out “how” and insert “when and where”
BARONESS HAYTER OF KENTISH TOWN
LORD WATSON OF INVERGOWRIE
Page 2, line 15,
at end insert—
“( ) The Charity Commission may call for and randomly or
systematically check the Disclosure and Barring Service checks
undertaken by charities on trustees.”
After Clause 2
BARONESS HAYTER OF KENTISH TOWN
LORD WATSON OF INVERGOWRIE
Insert the following new Clause—
A trustee must report to the Charity Commission any serious incident that
results in, or risks causing, significant harm to their charity’s work,
beneficiaries or reputation.”
Clause 3
LORD HOPE OF CRAIGHEAD
Page 2, line 39,
leave out “privy to” and insert “participated in”
BARONESS BARKER
LORD WALLACE OF SALTAIRE
Page 3, leave out lines 3 to 6
Clause 8
LORD HOPE OF CRAIGHEAD
Page 6, line 38,
after “unwilling)” insert—
“(a)
in subsection (1)(a) after “unwilling” insert “or unable”;
(b) ”
Clause 9
BARONESS HAYTER OF KENTISH TOWN
LORD WATSON OF INVERGOWRIE
Page 7, line 21,
at end insert—
“Case K
the sex offenders register.”
BARONESS BARKER
LORD WALLACE OF SALTAIRE
Page 8, leave out lines 26 and 27
Clause 10
LORD HOPE OF CRAIGHEAD
Page 10, line 43,
leave out “privy to” and insert “participated in”
BARONESS BARKER
LORD WALLACE OF SALTAIRE
Page 11, leave out lines 9 to 13
BARONESS HAYTER OF KENTISH TOWN
LORD WATSON OF INVERGOWRIE
Page 11, line 29,
at end insert—
“( ) The Charity Commission may by order under subsection (1)
disqualify all trustees of a charity where it has sufficient reason to
believe there is a collective failure of all trustees to ensure the safety
and protection of children who are direct beneficiaries of the
charity.”
After Clause 12
BARONESS HAYTER OF KENTISH TOWN
LORD WATSON OF INVERGOWRIE
Insert the following new Clause—
Charities may not, and may not be compelled to, use or dispose of their
assets in a way which is inconsistent with their charitable purposes.”
Insert the following new Clause—
(1) All fundraising charities must be members of the Fundraising Standards
Board and abide by their Code of Fundraising Practice.
(2) In section 64A of the Charities Act 1992, as inserted by section 69 of the
Charities Act 2006 (reserve power to control fund-raising by charitable
institutions)—
(a) in the title omit “Reserve”;
(b)
in subsection (1) for “may” substitute “must”.”
BARONESS HAYTER OF KENTISH TOWN
LORD WATSON OF INVERGOWRIE
LORD LEA OF CRONDALL
Insert the following new Clause—
(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.”
LORD LEA OF CRONDALL
Insert the following new Clause—
“Charity Commission annual report to refer to principles of best regulatory
practice
(1) Schedule 1 to the Charities Act 2011 is amended as follows.
(2)
In paragraph 11(c), after “16)” insert “including the extent to which, in its
opinion, it acted in a proportionate, accountable, consistent, transparent
and targeted manner (see section 16(4))”.”
Clause 13
BARONESS BARKER
LORD WALLACE OF SALTAIRE
Page 16, line 10,
leave out “both” and insert “primarily”
LORD BORWICK
Page 16, line 11, leave out “directly”
BARONESS BARKER
LORD WALLACE OF SALTAIRE
Page 16, line 11,
leave out “and” and insert “while also”
Page 17, line 18,
at end insert “including, where it is reasonable, from beneficiaries
and other stakeholders;”
LORD CROMWELL
LORD HOPE OF CRAIGHEAD
Page 17, line 18,
at end insert—
“( ) consider whether the social investment concerned is subject
to the same regulation as commercial investments that are
undertaken in regulated financial markets and, if not,
whether it would nevertheless be appropriate to proceed
with it;
( ) consider whether there is a conflict between the investment
vehicles that are on offer and, if so, how it should be
resolved in the interests of best furthering the charity’s
purposes;”
BARONESS BARKER
LORD WALLACE OF SALTAIRE
Page 17, line 24,
leave out “social”
Page 17, line 24,
at end insert “and make this review publicly available, including
an assessment of how this use of funds furthers the charity’s purpose”
After Clause 13
LORD HODGSON OF ASTLEY ABBOTTS
Insert the following new Clause—
(1) The Charities Act 2011 is amended as follows.
(2)
For section 319(2)(b) substitute—
“(b) any trustee of a registered charity.”
(3)
For section 321(2)(b) substitute—
“(b) any trustee of a registered charity.”
(4) Omit column 2 of Schedule 6.”
Insert the following new Clause—
(1) The Financial Services and Markets Act 2000 (Financial Promotion) Order
2005 (S.I. 15929/2005) is amended as follows.
(2)
For article 35, substitute—
Any communication which is communicated by—
(a) a charity, or
(b) any other body regulated under the Charities Act 2011,
shall not be subject to this Order.
(3) In Part II of Schedule 1, omit paragraph 14(2)(b) and (3)(c).”
Insert the following new Clause—
(1) The Secretary of State may by regulations made by statutory instrument set
out rules for the communication of financial promotions by—
(a) a charity,
(b) any other body regulated under the Charities Act 2011.
(2)
The organisations set out in subsection (1) shall be defined as “social sector
organisations”.
(3) In making any such regulations, the Secretary of State shall have regard
to—
(a) the desirability of creating rules which are proportionate to the
nature, scale and capacity of social sector organisations and which
are easy to understand and follow;
(b) the desirability of creating rules which support the growth,
development and financing of social sector organisations and
which are enabling and facilitative;
(c) the desirability of facilitating, where appropriate, direct investment
on the part of consumers in social sector organisations which are
local to the consumer;
(d) the desirability of a consistency of approach in the regulatory
treatment of communications made by different forms of social
sector organisations;
(e) the differing expectations that consumers may have in relation to
different kinds of investment or other transaction; and
(f) the desirability, where appropriate, of the Financial Conduct
Authority exercising its functions in a way that recognises
differences in the nature of, and objectives of, businesses carried on
by different persons subject to requirements imposed by or under
the Financial Services and Markets Act 2000.”
Clause 14
BARONESS BARKER
LORD WALLACE OF SALTAIRE
Page 18, line 6,
at end insert—
“( ) The Chancellor of the Exchequer and the Minister for the Cabinet Office
must carry out a review into the operation of this Act as it relates to social
investment, including—
(a) the effectiveness of the social investment market;
(b) public understanding of how funds are used by charities for the
purposes of investment;
(c) the interaction between grant-making and social investment.”
Page 18, line 11,
at end insert—
“( ) any other areas deemed relevant by the Minister”
LORD WATSON OF INVERGOWRIE
BARONESS HAYTER OF KENTISH TOWN
Page 18, line 14,
leave out “5” and insert “3”
Page 18, line 15,
leave out “5” and insert “3”