Charities (Protection and Social Investment) Bill [HL]

Fourth
Marshalled
List of Amendments
to be moved
in grand committee

[Amendments marked * are new or have been altered]

Clause 13

LORD WATSON OF INVERGOWRIE

BARONESS HAYTER OF KENTISH TOWN

20B*

Page 17, line 23, leave out “from time to time”

BARONESS BARKER

LORD WALLACE OF SALTAIRE

LORD WATSON OF INVERGOWRIE

BARONESS HAYTER OF KENTISH TOWN

21

Page 17, line 24, leave out “social”

BARONESS BARKER

LORD WALLACE OF SALTAIRE

22

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”

LORD WATSON OF INVERGOWRIE

BARONESS HAYTER OF KENTISH TOWN

22ZA*

Page 17, line 24,
at end insert “and make a report of this review publicly available,

including an assessment of how this use of funds furthers the charity’s purpose.

(3A)    Reports under subsection (3) must be published not more than 5 years
apart, and the first must be published within 3 years of the day on which
this Act is passed.”

LORD HODGSON OF ASTLEY ABBOTTS

22A

Page 17, line 38,
at end insert—

“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.”

After Clause 13

LORD HODGSON OF ASTLEY ABBOTTS

[In substitution for Amendment 23]

22B

Insert the following new Clause—

“Appeals and applications to Charity Appeal Tribunal

(1)     The Charities Act 2011 is amended as follows.

(2)     For section 319 (appeals: general) substitute—

“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 or
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.”

(3)     For section 321(2) substitute—

“(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; or

(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.”

(4)     For section 323 (remission of matters to Commission) substitute—

“323 Remission of matters to Commission


The reference in section 319(5)(b)(i) to “remit the 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.”

(5)     Omit section 324 (power to amend provisions relating to appeals and
applications to Tribunal).

(6)     Omit Schedule 6 (appeals and applications to Tribunal).”

23

[Withdrawn]

LORD MOYNIHAN

LORD GLENTORAN

23A

Insert the following new Clause—


“Independent schools’ sports facilities: public benefit

In section 4 of the Charities Act 2011 (the public benefit requirement), after

subsection (4) insert—

“(5)     Independent schools which are charities must engage fully with
local communities and state schools with a view to sharing sports
facilities and coaching expertise.

(6)     The Charity Commission must publish guidance setting out the
minimum that independent schools which are charities must do to
comply with the duty in subsection (5).””

LORD WALLACE OF SALTAIRE

BARONESS BARKER

23B

Insert the following new Clause—


“Independent schools’ music and arts facilities: public benefit

In section 4 of the Charities Act 2011 (the public benefit requirement), after

subsection (4) insert—

“(5)     Independent schools which are charities must engage fully with
local communities and state schools with a view to sharing facilities
for music, drama and arts.

(6)     The Charity Commission must publish guidance setting out the
minimum that independent schools which are charities must do to
comply with the duty in subsection (5).””

24

[Withdrawn]

25

[Withdrawn]

Clause 14

BARONESS BARKER

LORD WALLACE OF SALTAIRE

26

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.”

27

Page 18, line 11,
at end insert—

“( )   any other areas deemed relevant by the Minister”

LORD WATSON OF INVERGOWRIE

BARONESS HAYTER OF KENTISH TOWN

28

[Withdrawn]

29

Page 18, line 15,
leave out “5” and insert “3”

Clause 15

LORD BRIDGES OF HEADLEY

30

Page 18, line 20,
leave out “This Act comes” and insert—

“( )     This section and section 14 come into force on the day on which this Act is
passed.

( )     The other provisions of this Act come”

Prepared 3rd July 2015