Session 2015-16
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Other Bills before Parliament



Charities (Protection and Social Investment) Bill [HL]

Commons Amendments

[The page and line references are to Bill 69, the bill as first printed for the Commons.]

Clause 1


Page 2, line 15, at end insert—


“( )    

The Commission may vary or withdraw a warning under this




( )    

Subsection (2) applies to the variation or withdrawal of a warning


as it applies to a warning.


( )    

Subsections (3) to (6) apply to the variation of a warning as they


apply to a warning, except that—



in subsection (5)(a) references to the warning are to be read


as references to the warning as varied, and



the matter to be specified under subsection (5)(b) is any


change as a result of the variation in the action previously


proposed by the Commission.”

Clause 9


Page 7, line 1, leave out Clause 9

Clause 10


Page 8, line 3, at beginning insert “it relates to the management of the charity, and”

Clause 11


Page 10, line 15, at beginning insert “it relates to the management of the charity,




Page 12, line 16, after “spent” insert “or, where condition B applies, would become


spent if it were a conviction for the relevant disqualifying offence”

HL Bill 9156/1




After Clause 14


Insert the following new Clause—



“Reserve powers to control fund-raising



The Charities Act 1992 is amended as follows.



In Part 2, after section 64A (reserve power to control fund-raising by


charitable institutions) insert—



Reserve power in relation to fund-raising regulators



Regulations under section 64A may, in particular, impose on


charitable institutions requirements to do any of the following—



to comply with requirements imposed by a regulator;



to have regard to guidance issued by a regulator;



to pay fees to a regulator of an amount determined by the


regulations or determined by the regulator in accordance


with the regulations;



to be registered with a regulator for the purpose of its


regulation of charity fund-raising.



“Regulator” means a body specified in the regulations as a regulator


for the purposes of this section.



A body may be specified as a regulator for the purposes of this


section only if the regulation of charity fund-raising appears to the


Minister to be a principal function of the body.



A body maintained out of money provided by Parliament may not


be specified as a regulator (and this section does not confer power


by regulations to establish a body to act as regulator).”



In Part 2, after section 64B insert—



Reserve power to confer additional powers on Charity





In the case of charity fund-raising which—



is carried on by a charity, a person managing a charity or a


person or company connected with a charity, or



involves soliciting or otherwise procuring funds for the


benefit of a charity or a company connected with a charity,


or for charitable purposes,



regulations under section 64A may, in particular, make provision


conferring functions on the Charity Commission, including


provision applying or reproducing, with or without modification,


any provision of the Charities Act 2011.



The regulations may provide for a power that is exercisable by the


Commission by virtue of the regulations to be exercisable by a


person appointed by the Commission for the purpose.”



Where regulations by virtue of this section apply in relation to


charity fund-raising by institutions that are not charities, section 19


of the Charities Act 2011 (fees and other amounts payable to





Commission) applies in relation to the regulations as it applies in


relation to the enactments relating to charities (but that is without


prejudice to the application of other provisions by virtue of this


section or section 77(3)).”



In section 64A(2) after “this section” insert “and sections 64B and 64C”.



In section 77(4) (regulations and orders) at the end insert “and, in the case


of regulations made by virtue of section 64B or 64C, shall in particular


consult the Charity Commission.””

Clause 17


Page 20, line 34, leave out subsection (6)






26th January 2016


© Parliamentary copyright House of Lords


HL Bill 91




Revised 27 January 2016