Charities (Protection and Social Investment) Bill [HL]

“284A           Damages for torts by trustees or their employees

(1)     
This section applies where—

(a)   a trustee of an unincorporated charity is liable in tort by
reason of his conduct in his capacity as a trustee of that
charity; or

(b)   a person employed by a trustee or trustees of an
unincorporated charity is liable in tort by reason of his
conduct in the course of that employment.

(2)     Where this section applies, a person entitled to damages for the tort
shall be entitled to recover those damages from the assets of the
charity.

(3)     Subsection (2) shall not affect the liability of any trustee, employee,
or any other person.

(4)     Where a claim is made under subsection (2), the provisions of the
Civil Liability (Contribution) Act 1978 shall apply as if the charity
had legal personality.

(5)     Where a claim is made under subsection (2), or a contribution is
claimed from the assets of a charity under subsection (4), the charity
may be named as a party and may be represented by its trustees or
such other person as may be appointed by the court in any legal
proceedings.””

“(a)   
furthering one or more of the charity’s purposes in whole or
in part; and”

“( )     A relevant act of a charity may be carried out with a view to

furthering one or more of the charity’s purposes in whole or in part
for the purposes of this section even where the relevant act may not
exclusively further one or more of the charity’s purposes.”

“( )   privately funded educational institutions, except
universities;”

“( )   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;”

“292D           Marketing of social investments

(1)     Any financial promotion which is communicated by a charity shall
not be subject to the Financial Services and Markets Act 2000
(Financial Promotion) Order 2005.

(2)     The Treasury may by regulations set out rules for the
communication of financial promotions by charities.

(3)     
In making any such regulations, the Treasury shall have regard to—

(a)   the desirability of creating rules which are proportionate to
the nature, scale and capacity of different charities and
which are easy to understand and follow;

(b)   the desirability of creating rules which support the growth,
development and financing of charities and which are
enabling and facilitative;

(c)   the desirability of facilitating, where appropriate, direct
investment on the part of consumers into charities,
including charities which operate locally to the consumer;

(d)   the desirability of consistency of approach in the regulatory
treatment of communications made by different forms of
charities;

(e)   the differing expectations that consumers may have in
relation to different kinds of investment or other transaction
and, in particular, the fact that many when investing in
charities do so for a variety of non-financial reasons; 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,
charities as compared to other organisations which are
subject to the requirements of the Financial Services and
Markets Act 2000.”

“319 Appeals: general

(1)     Except in the case of a reviewable matter (see section 322) an appeal
may be brought to the Tribunal against any decision, order or
direction made by the Commission or any decision on the part of
the Commission not to make any decision, order or direction.

(2)     
Such an appeal may be brought by the following—

(a)   the Attorney General;

(b)   the charity trustees of the charity subject to the relevant
decision, order or direction;

(c)   (if a body corporate) the charity subject to the relevant
decision, order or direction;

(d)   any other person who is the subject of the relevant decision,
order or direction or who is significantly interested in and
affected by the relevant decision, order or direction.

(3)     The Commission is to be the respondent to such an appeal.

(4)     
In determining such an appeal the Tribunal—

(a)   must consider afresh the legal decision, order, direction or
decision not to act (as the case may be), and

(b)   may take into account evidence which is not available to the
Commission.

(5)     
The Tribunal may—

(a)   dismiss the appeal; or

(b)   if it allows the appeal, exercise any of the following

powers—

(i)   to quash (in whole or in part) the decision, order,
direction and (if appropriate) remit the matter to the
Commission;

(ii)   to substitute for the decision, order or direction any
other decision, order or direction which could have
been made or given by the Commission;

(iii)   to add to the decision, order or direction anything
which could have been contained in a decision,
order or direction of the Commission;

(iv)   to give such direction to the Commission as it
considers appropriate; and

(v)   where appropriate, to make any decision, order or
direction which the Commission could have made.”

“(2)     
Such an application may be brought by—

(a)   the Attorney General;

(b)   the charity trustees of the charity subject to the relevant
reviewable matter;

(c)   (if a body corporate) the charity subject to the relevant
reviewable matter;

(d)   any other person who is the subject of the relevant
reviewable matter or who is significantly interested in and
affected by the relevant reviewable matter.”

“323 Remission of matters to Commission

The reference in section 319(5)(i) to “remit a matter to the

Commission” means the power to remit the matter—

(a)   generally, or

(b)   for determination in accordance with a finding made or
direction given by the Tribunal.”