|
Notices of Amendments
given on
Monday 26th June 2006
Standing Committee
Charities Bill
Mr Andrew Turner
1
Clause 2, page 2, line 22, at
end insert—
Mr Andrew Turner
2
Clause 2, page 2, leave out
lines 26 and 27 and insert ‘belief in a supernatural principle,
being or thing and acceptance and observance of certain canons of conduct
to give effect to those beliefs,’.
Mr Andrew Turner
3
Clause 2, page 3, line 7, leave
out subsection (7).
Mr Andrew Turner
4
Clause 3, page 3, line 22, after
‘not’, insert ‘save in the case of subsections (a)
and (c) of section 2(2),’.
Mr Andrew Turner
5
Clause 6, page 5, line 7, at
end insert ‘but shall be answerable to a select committee of the
House of Commons.’.
Mr Andrew Turner
6
Schedule 1, page 81, line 11, at
end insert ‘subject to the approval of a select committee of the
House of Commons.’.
Mr Andrew Turner
7
Schedule 1, page 85, line 13, at
end insert ‘; and
Mr Andrew Turner
8
Clause 7, page 6, line 8, at
end insert ‘in particular by reducing the administrative burden
on charities.’.
Mr Andrew Turner
9
Clause 7, page 7, line 25, at
end insert ‘and act in a fair and reasonable manner’.
Mr Andrew Turner
10
Clause 7, page 7, line 31, at
end insert—
Mr Andrew Turner
11
Clause 7, page 7, line 43, at
end add—
Mr Andrew Turner
12
Clause 7, page 7, line 43, at
end add—
Mr Andrew Turner
13
Clause 8, page 8, line 30, at
end insert—
Mr Andrew Turner
14
Clause 8, page 9, line 17, at
end insert ‘and compensation’.
Mr Andrew Turner
15
Clause 8, page 9, line 28, at
end insert ‘and in doing so shall have regard to the need for
the charity to continue to meet its objectives’.
Mr Andrew Turner
16
Clause 8, page 9, line 33, at
end insert—
Mr Andrew Turner
17
Clause 8, page 9, line 40, at
end insert—
‘2BB (1) The Tribunal shall administer a fund
(“the suitors fund”) from which it will contribute to the
costs of those seeking to bring appeals and applications, in accordance
with Schedule 1C of this Act or appeals in accordance with section 2C
of this Act.
Mr Andrew Turner
18
Clause 8, page 10, line 36, at
end insert—
Notwithstanding the provisions of this Part, the Parliamentary
Commissioner for Administration shall have power pursuant to section
5(1) of the Parliamentary Commissioner Act 1967 (c. 13) (matters subject
to investigation) and Schedule 2 to that Act (Departments etc subject
to investigation) to investigate any action taken by or on behalf of
the Commission.’.
Mr Andrew Turner
19
Schedule 4, page 91, line 13, leave
out from beginning to end of line 29 and insert—
‘1 (1) Except in the case of a reviewable matter
as set out in paragraph 3, an appeal may be brought to the Tribunal
against any decision, direction or order made or given by the Commission
under this Act (including any decision not to give a direction, make
an order or otherwise act under this Act).
(i) the persons who are or claim to be the charity
trustees of the institution or who otherwise have control or management
of the institution,
(ii) (if a body corporate) the institution itself,
and
(iii) any other person who is or may be affected
by the decision, direction or order (as the case may be).
(i) quash the decision, direction or order (as
the case may be) in whole or in part, and (if appropriate) remit the
matter to the Commission,
(ii) substitute for all or part of the decision,
direction or order (as the case may be) such other decision, direction
or order as could have been made or given by the Commission,
(iii) give such direction to the Commission
as it shall consider appropriate,
(iv) substitute for all or part of any direction
or order any other direction or order which could have been made by
the Commission,
(v) add to the decision, direction, or order
(as the case may be) anything which could have been contained in the
original decision, direction or order.’.
Mr Andrew Turner
20
Clause 9, page 12, line 3, at
end insert—
Mr Andrew Turner
21
Clause 9, page 12, line 20, leave
out ‘£5,000’ and insert ‘£10,000’.
Mr Andrew Turner
22
Clause 13, page 16, line 33, leave
out subsection (5).
Mr Andrew Turner
23
Clause 17, page 17, line 36, after
‘statement’, insert ‘(i)’.
Mr Andrew Turner
24
Clause 17, page 18, line 3, at
end insert ‘and
Mr Andrew Turner
25
Clause 17, page 18, line 8, leave
out ‘making of the gift)’ and insert ‘charity failing).’.
Mr Andrew Turner
26
Clause 17, page 18, line 38, leave
out ‘is or is’ and insert ‘is or is not’.
Mr Andrew Turner
27
Clause 18, page 19, line 29, leave
out ‘may’ and insert ‘must’.
Duties of trustees
Mr Andrew Turner
NC1
‘(1) A charity trustee must, in exercising functions
in that capacity, act in the interests of the charity and must, in particular—
(a) seek, in good faith, to ensure that the charity acts
in a manner which is consistent with its purposes,
Mr Andrew Turner
28
Clause 38, page 37, line 25, at
end insert—
Mr Andrew Turner
29
Schedule 7, page 123, line 39, at
end insert ‘or at the expiration of six months from receipt by
the Charity Commission of the resolution.’.
Mr Andrew Turner
30
Clause 36, page 34, line 24, after
‘out’, insert ‘in advance’.
Mr Andrew Turner
31
Clause 36, page 35, line 10, leave
out ‘or under a contract of employment,’.
Mr Andrew Turner
32
Clause 36, page 35, line 46, at
end insert—
Mr Andrew Turner
33
Clause 36, page 36, line 2, after
‘(b), insert ‘or (bb)’.
Mr Andrew Turner
34
Clause 36, page 36, line 5, leave
out ‘(b) or’ and insert ‘to’.
Power to institute inquiries
Mr Andrew Turner
NC2
“(6A) In the case of either form of publication determined
by the Commissioners under subsection (6) above, the Commissioners shall
allow the persons who are or claim to be the charity trustees of every
institution which is the subject of such an inquiry to add their own
comments to such report or statement provided such comments are not
manifestly unreasonable and are provided within such reasonable period
as the Commissioners may determine.’.
Reasons for appointing an interim manager of a
charity
Mr Andrew Turner
NC3
Remuneration of an interim manager of a charity
Mr Andrew Turner
NC4
Amendment of section 19 of the 1993 Act
Mr Andrew Turner
NC5
‘Section 19 of the 1993 Act in subsection (3) is amended
by inserting after “as they think fit”, the words “,
who may where appropriate to the size of the charity and expertise required
by the charity, act in a voluntary capacity.”.’.
Mr Andrew Turner
35
Clause 20, page 21, line 1, leave
out ‘which the Commission considers to be expedient in the interests’
and insert ‘is necessary for the protection of the property’.
Mr Andrew Turner
36
Schedule 7, page 116, leave
out lines 19 to 39.
Mr Andrew Turner
37
Schedule 7, page 117, line 32, at
end insert ‘and
Mr Andrew Turner
38
Schedule 7, page 117, line 36, at
end insert—
Mr Andrew Turner
39
Schedule 7, page 120, line 35, at
end insert—
Mr Andrew Turner
40
Clause 40, page 40, line 19, leave
out ‘(or any of the purposes)’.
Mr Andrew Turner
41
Clause 41, page 44, line 36, at
end insert—
Mr Andrew Turner
42
Clause 42, page 45, line 20, after
‘body’, insert ‘, of which a period of notice of 28
days or the period set out in the rules of the charity whichever is
greater has been given,’.
Mr Andrew Turner
43
Clause 42, page 45, line 24, at
end insert ‘or
Mr Andrew Turner
44
Clause 43, page 46, leave
out lines 34 to 36.
Mr Andrew Turner
45
Clause 45, page 54, line 22, at
end add—
Mr Andrew Turner
46
Clause 63, page 68, line 24, at
end insert ‘excluding local collections’.
Mr Andrew Turner
47
Clause 70, page 75, line 16, after
‘conditions’, insert ‘, which shall be proportionate
to the risk of loss or abuse of public money and the capacity of the
institution to comply therewith,’.
Mr Andrew Turner
48
Clause 70, page 75, line 16, at
end insert—
‘(3A) Where financial assistance is given in return
for the delivery of a service, the Secretary of State shall ensure that
a reasonable opportunity is given to a range of institutions to offer
to deliver to the service,’.
Mr Andrew Turner
49
Clause 71, page 76, line 25, after
‘conditions’, insert ‘, which shall be proportionate
to the risk of loss or abuse of public money and the capacity of the
institution to comply therewith,’.
Mr Andrew Turner
50
Clause 71, page 76, line 25, after
‘appropriate’, insert—
‘(3A) Where financial assistance is given in return
for the delivery of a service, the assembly shall ensure that a reasonable
opportunity is given to a range of institutions to offer to deliver
to the service,’.
Mr Andrew Turner
51
Schedule 8, page 155, line 6, after
‘charity’, insert ‘but so that the requirements of
such regulations shall be the minimum commensurate with the need to
ensure that the statement of accounts provides a true and fair view
of the charity’s financial position’.
Mr Andrew Turner
52
Schedule 8, page 155, line 7, after
‘made’, insert ‘or—
|
