Notices of Amendments
given on
Tuesday 11th July 2006
Standing Committee A
Charities Bill [Lords]
Edward Miliband
191
Clause 73, page 78, line 16, at
end insert—
Edward Miliband
192
Clause 73, page 78, line 21, after
‘(b),’ insert ‘(ba),’.
Edward Miliband
193
Clause 77, page 80, line 17, at
end insert ‘and
Edward Miliband
194
Schedule 8, page 145, line 32, leave
out ‘COMMISSION’S’.
Edward Miliband
195
Schedule 8, page 146, line 32, leave
out paragraph 99 and insert—
‘99 For section 10 substitute—
(a) a charity is (or is to be treated as) a parent undertaking
in accordance with the provisions of section 258 of, and Schedule 10A
to, the Companies Act 1985, or
(b) in section 258 of, and Schedule 10A to, the Companies
Act 1985 as they apply for the purposes of that subsection,
(a) the exempt charity is (or is to be treated as) a
parent undertaking in accordance with the provisions of section 258
of, and Schedule 10A to, the Companies Act 1985, or
(6) In subsection (5) above “disclosure provisions”
means provisions having effect for authorising, or otherwise in connection
with, the disclosure of information by or to the principal regulator
concerned.
Edward Miliband
196
Schedule 8, page 165, line 15, at
end insert—
‘169A In section 100(3) (extent) for “Section
10” substitute “Sections 10 to 10C”.’.
Edward Miliband
197
Schedule 9, page 170, leave
out line 29.
Edward Miliband
198
Schedule 10, page 174, line 4, at
end insert—
‘Section (Disclosure of information
to and by Northern Ireland regulator): Disclosure of information
to and by Northern Ireland regulator
15A In relation to an offence committed in England and
Wales before the commencement of section 154(1) of the Criminal
Justice Act 2003 (c. 44) (general limit on magistrates’
courts power to impose imprisonment), the reference to 12 months in
section (Disclosure of information to and by Northern Ireland regulator)(6)
is to be read as a reference to 6 months.’.
Edward Miliband
199
Schedule 10, page 174, line 20, at
end insert—
‘18A In relation to an offence committed in England
and Wales before the commencement of section 154(1) of the Criminal
Justice Act 2003 (c. 44) (general limit on magistrates’
courts power to impose imprisonment), the reference to 12 months in
section 10A(4) of the 1993 Act (as inserted by paragraph 99 of Schedule
8 to this Act) is to be read as a reference to 6 months.’.
Disclosure of information to and by Northern
Ireland regulator
Edward Miliband
NC14
(3) If the regulations authorise the disclosure
of Revenue and Customs information, they must contain provision in relation
to that disclosure which corresponds to the provision made in relation
to the disclosure of such information by section 10(2) to (4) of the
1993 Act (as substituted by paragraph 99 of Schedule 8 to this Act).
(4) In the case of information disclosed to the Northern
Ireland regulator pursuant to regulations made under this section, any
power of the Northern Ireland regulator to disclose the information
is exercisable subject to any express restriction subject to which the
information was disclosed to the Northern Ireland regulator.
(d) any other body or person discharging functions
of a public nature (including a body or person discharging regulatory
functions in relation to any description of activities), except a body
or person whose functions are exercisable only or mainly in or as regards
Northern Ireland and relate only or mainly to transferred matters;
Human rights compliance
Peter Bottomley
NC15
‘(1) The Commission shall investigate the activities
of a charity where it receives an allegation, substantiated by evidence,
that the charity, acting in concert with a government (whether or not
a party to the European Convention on Human Rights) has committed an
act which, had it been committed by a public authority, would have been
inconsistent with a Convention right as defined in the Human Rights
Act 1998.
(2) If, following any such investigation, the Commission
finds the allegation proven, it shall either, if the charity is registered,
strike the charity off the register or exercise its other statutory
powers in relation to the charity, its property or assets or its charity
trustees, officers or employees.’.
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