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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.

 

 

Charities Bill [HL]
Schedule 1 — The Charity Commission

82

 

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.

 

 

Charities Bill [HL]
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—

 

 

Charities Bill [HL]
Schedule 1 — The Charity Commission

84

 

(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.

 

 

Charities Bill [HL]
Schedule 1 — The Charity Commission

85

 

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

 

 

Charities Bill [HL]
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)

 

 

 
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