Charities Bill [HL]

House of Commons

Session 2005 - 06
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Charities Bill [HL]

Charities Bill [HL]
Schedule 1 — The Charity Commission
81

Schedules
Schedule 1
Section 6

The Charity Commission
1
After Schedule 1 to the 1993 Act insert—
“Schedule 1A
5
Section 1A

The Charity Commission
Membership
1     (1)
The Commission shall consist of a chairman and at least four, but
not more than eight, other members.
      (2)
The members shall be appointed by the Secretary of State.
10
      (3)
The Secretary of State shall exercise the power in sub-paragraph
(2) so as to secure that—
(a)
the knowledge and experience of the members of the
Commission (taken together) includes knowledge and
experience of the matters mentioned in sub-paragraph (4),
15
(b)
at least two members have a seven year general
qualification within the meaning of section 71 of the Courts
and Legal Services Act 1990, and
(c)
at least one member knows about conditions in Wales and
has been appointed following consultation with the
20
National Assembly for Wales.
      (4)
The matters mentioned in this sub-paragraph are—
(a)
the law relating to charities,
(b)
charity accounts and the financing of charities, and
(c)
the operation and regulation of charities of different sizes
25
and descriptions.
      (5)
In sub-paragraph (3)(c) “member” does not include the chairman
of the Commission.
Terms of appointment and remuneration
2
The members of the Commission shall hold and vacate office as
30
such in accordance with the terms of their respective
appointments.

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Schedule 1 — The Charity Commission
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3     (1)
An appointment of a person to hold office as a member of the
Commission shall be for a term not exceeding three years.
      (2)
A person holding office as a member of the Commission—
(a)
may resign that office by giving notice in writing to the
Secretary of State, and
5
(b)
may be removed from office by the Secretary of State on
the ground of incapacity or misbehaviour.
      (3)
Before removing a member of the Commission the Secretary of
State shall consult—
(a)
the Commission, and
10
(b)
if the member was appointed following consultation with
the National Assembly for Wales, the Assembly.
      (4)
No person may hold office as a member of the Commission for
more than ten years in total.
      (5)
For the purposes of sub-paragraph (4), time spent holding office as
15
a Charity Commissioner for England and Wales shall be counted
as time spent holding office as a member of the Commission.
4     (1)
The Commission shall pay to its members such remuneration, and
such other allowances, as may be determined by the Secretary of
State.
20
      (2)
The Commission shall, if required to do so by the Secretary of
State—
(a)
pay such pension, allowances or gratuities as may be
determined by the Secretary of State to or in respect of a
person who is or has been a member of the Commission, or
25
(b)
make such payments as may be so determined towards
provision for the payment of a pension, allowances or
gratuities to or in respect of such a person.
      (3)
If the Secretary of State determines that there are special
circumstances which make it right for a person ceasing to hold
30
office as a member of the Commission to receive compensation,
the Commission shall pay to him a sum by way of compensation
of such amount as may be determined by the Secretary of State.
Staff
5     (1)
The Commission—
35
(a)
shall appoint a chief executive, and
(b)
may appoint such other staff as it may determine.
      (2)
The appointment of a chief executive requires the approval of the
Minister for the Civil Service as to the chief executive’s terms and
conditions of service.
40
      (3)
The appointment and retention of other staff must as regards
remuneration be within the total remuneration budget agreed
annually with the Treasury.

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Schedule 1 — The Charity Commission
83

Committees
6     (1)
The Commission may establish committees and any committee of
the Commission may establish sub-committees.
      (2)
The members of a committee of the Commission may include
persons who are not members of the Commission (and the
5
members of a sub-committee may include persons who are not
members of the committee or of the Commission).
Procedure etc.
7     (1)
The Commission may regulate its own procedure (including
quorum).
10
      (2)
The validity of anything done by the Commission is not affected
by a vacancy among its members or by a defect in the appointment
of a member.
Performance of functions
8
Anything authorised or required to be done by the Commission
15
may be done by—
(a)
any member or member of staff of the Commission who is
authorised for that purpose by the Commission, whether
generally or specially;
(b)
any committee of the Commission which has been so
20
authorised.
Evidence
9
The Documentary Evidence Act 1868 shall have effect as if—
(a)
the Commission were mentioned in the first column of the
Schedule to that Act,
25
(b)
any member or member of staff of the Commission
authorised to act on behalf of the Commission were
specified in the second column of that Schedule in
connection with the Commission, and
(c)
the regulations referred to in that Act included any
30
document issued by or under the authority of the
Commission.
Execution of documents
10    (1)
A document is executed by the Commission by the fixing of its
common seal to the document.
35
      (2)
But the fixing of that seal to a document must be authenticated by
the signature of—
(a)
any member of the Commission, or
(b)
any member of its staff,

who is authorised for the purpose by the Commission.
40
      (3)
A document which is expressed (in whatever form of words) to be
executed by the Commission and is signed by—

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Schedule 1 — The Charity Commission
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(a)
any member of the Commission, or
(b)
any member of its staff,

who is authorised for the purpose by the Commission has the
same effect as if executed in accordance with sub-paragraphs (1)
and (2).
5
      (4)
A document executed by the Commission which makes it clear on
its face that it is intended to be a deed has effect, upon delivery, as
a deed; and it is to be presumed (unless a contrary intention is
proved) to be delivered upon its being executed.
      (5)
In favour of a purchaser a document is to be deemed to have been
10
duly executed by the Commission if it purports to be signed on its
behalf by—
(a)
any member of the Commission, or
(b)
any member of its staff;

and, where it makes it clear on its face that it is intended to be a
15
deed, it is to be deemed to have been delivered upon its being
executed.
      (6)
For the purposes of this paragraph—
“authorised” means authorised whether generally or
specially; and
20
“purchaser” means a purchaser in good faith for valuable
consideration and includes a lessee, mortgagee or other
person who for valuable consideration acquired an interest
in property.
Annual report
25
11    (1)
As soon as practicable after the end of each financial year the
Commission shall publish a report on—
(a)
the discharge of its functions,
(b)
the extent to which, in its opinion, its objectives (see section
1B of this Act) have been met,
30
(c)
the performance of its general duties (see section 1D of this
Act), and
(d)
the management of its affairs,

during that year.
      (2)
The Commission shall lay a copy of each such report before
35
Parliament.
      (3)
In sub-paragraph (1) above, “financial year” means—
(a)
the period beginning with the date on which the
Commission is established and ending with the next 31st
March following that date, and
40
(b)
each successive period of 12 months ending with 31st
March.

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Schedule 1 — The Charity Commission
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Annual public meeting
12    (1)
The Commission shall hold a public meeting (“the annual
meeting”) for the purpose of enabling a report under paragraph 11
above to be considered.
      (2)
The annual meeting shall be held within the period of three
5
months beginning with the day on which the report is published.
      (3)
The Commission shall organise the annual meeting so as to
allow—
(a)
a general discussion of the contents of the report which is
being considered, and
10
(b)
a reasonable opportunity for those attending the meeting
to put questions to the Commission about matters to which
the report relates.
      (4)
But subject to sub-paragraph (3) above the annual meeting is to be
organised and conducted in such a way as the Commission
15
considers appropriate.
      (5)
The Commission shall—
(a)
take such steps as are reasonable in the circumstances to
ensure that notice of the annual meeting is given to every
registered charity, and
20
(b)
publish notice of the annual meeting in the way appearing
to it to be best calculated to bring it to the attention of
members of the public.
      (6)
Each such notice shall—
(a)
give details of the time and place at which the meeting is to
25
be held,
(b)
set out the proposed agenda for the meeting,
(c)
indicate the proposed duration of the meeting, and
(d)
give details of the Commission’s arrangements for
enabling persons to attend.
30
      (7)
If the Commission proposes to alter any of the arrangements
which have been included in notices given or published under
sub-paragraph (5) above it shall—
(a)
give reasonable notice of the alteration, and
(b)
publish the notice in the way appearing to it to be best
35
calculated to bring it to the attention of registered charities
and members of the public.”
House of Commons Disqualification Act 1975 (c. 24)
2
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies of which all members are disqualified) insert at the appropriate
40
place—
“The Charity Commission.”
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
3
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification

Charities Bill [HL]
Schedule 2 — Establishment of the Charity Commission: supplementary
86

Act 1975 (bodies of which all members are disqualified) insert at the
appropriate place—
“The Charity Commission.”
Schedule 2
Section 6

Establishment of the Charity Commission: supplementary
5
1
In this Schedule—
“commencement” means the coming into force of section 6, and
“the Commission” means the Charity Commission.
Appointments to Commission
2     (1)
The person who immediately before commencement was the Chief Charity
10
Commissioner for England and Wales is on commencement to become the
chairman of the Commission as if duly appointed under paragraph 1 of
Schedule 1A to the 1993 Act.
      (2)
Any other person who immediately before commencement was a Charity
Commissioner for England and Wales is on commencement to become a
15
member of the Commission as if duly appointed under that paragraph.
      (3)
While a person holds office as a member of the Commission by virtue of this
paragraph he shall—
(a)
continue to be deemed to be employed in the civil service of the
Crown, and
20
(b)
hold that office on the terms on which he held office as a Charity
Commissioner for England and Wales immediately before
commencement.
      (4)
Sub-paragraph (3)(b) is subject to—
(a)
sub-paragraph (5),
25
(b)
paragraph 3(4) and (5) of Schedule 1A to the 1993 Act, and
(c)
any necessary modifications to the terms in question.
      (5)
No person may hold office as a member of the Commission by virtue of this
paragraph for a term exceeding three years from commencement.
      (6)
Paragraphs 2 and 3(1) to (3) of Schedule 1A to the 1993 Act, and paragraphs
30
2 and 3 of Schedule 1 to this Act, shall not apply in relation to a person while
he holds office as a member of the Commission by virtue of this paragraph.
Effect of transfers under section 6
3     (1)
Anything which—
(a)
has been done (or has effect as if done) by or in relation to the
35
Commissioners, and
(b)
is in effect immediately before commencement,

is to be treated as if done by or in relation to the Commission.
      (2)
Anything (including legal proceedings) which—
(a)
relates to anything transferred by section 6(4), and
40

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Schedule 3 — The Charity Tribunal
87

(b)
is in the process of being done by or in relation to the Commissioners,

may be continued by or in relation to the Commission.
      (3)
But nothing in section 6 or this paragraph affects the validity of anything
done by or in relation to the Commissioners.
      (4)
In this paragraph “the Commissioners” means the Charity Commissioners
5
for England and Wales (and includes any person acting for them by virtue
of paragraph 3(3) of Schedule 1 to the 1993 Act).
First annual report of Commission
4     (1)
This paragraph applies if there is a period of one or more days which—
(a)
began on the day after the end of the last year for which the Charity
10
Commissioners for England and Wales made a report under section
1(5) of the 1993 Act, and
(b)
ended on the day before commencement.
      (2)
The first report published by the Commission under paragraph 11 of
Schedule 1A to the 1993 Act shall also be a report on the operations of the
15
Charity Commissioners for England and Wales during the period
mentioned in sub-paragraph (1).
Resource accounts of Commission
5     (1)
The new Commission and the old Commission shall be treated as being the
same government department for the purposes of section 5 of the
20
Government Resources and Accounts Act 2000 (c. 20).
      (2)
Resource accounts sent to the Comptroller and Auditor General by the new
Commission in respect of any period before commencement shall be
resource accounts in the name of the new Commission.
      (3)
In this paragraph—
25
“the new Commission” means the Charity Commission established by
section 6, and
“the old Commission” means the government department known as
the Charity Commission and existing immediately before
commencement.
30
Schedule 3
Section 8

The Charity Tribunal
1
After Schedule 1A to the 1993 Act (inserted by Schedule 1 to this Act)