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Notices of Amendments
given up to and including
Friday 30th June 2006
Standing Committee A
Charities Bill [Lords]
Note
The Amendments have been arranged in accordance with the Order
to be proposed by Edward Miliband.
Edward Miliband
To move, That the Bill be considered in the following order,
namely, Clauses 1 to 6; Schedules 1 and 2; Clauses 7 and 8; Schedules
3 and 4; Clauses 9 to 12; Schedule 5; Clauses 13 to 30; Schedule 6;
Clauses 31 to 34; Schedule 7; Clauses 35 to 74; Schedules 8 to 10; Clauses
75 to 78; new Clauses; new Schedules; remaining proceedings on the Bill.
Martin Horwood
70
* Clause 1, page 1, line 9, leave
out subsection (2).
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
1
Clause 2, page 2, line 22, at
end insert—
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
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
Mr Peter Bone
Peter Bottomley
53
Clause 2, page 2, line 34, leave
out paragraph (d).
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
3
Clause 2, page 3, line 7, leave
out subsection (7).
Martin Horwood
71
* Clause 3, page 3, line 21, leave
out subsection (2) and insert—
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
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
Mr Peter Bone
Peter Bottomley
54
Clause 3, page 3, line 22, after
‘not’, insert ‘save in the case of section 2(2)(b).
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
5
Clause 6, page 5, line 7, at
end insert ‘but shall be answerable to a select committee of the
House of Commons.’.
Martin Horwood
72
* Schedule 1, page 81, line 9, leave
out ‘four’ and insert ‘six’.
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
6
Schedule 1, page 81, line 11, at
end insert ‘subject to the approval of a select committee of the
House of Commons.’.
Martin Horwood
73
* Schedule 1, page 81, line 23, at
end insert—
Edward Miliband
57
* Schedule 1, page 82, leave
out lines 38 to 43 and insert—
‘(2) The terms and conditions of service of
persons appointed under sub-paragraph (1) are to be such as the Commission
may determine with the approval of the Minister for the Civil Service.’.
Martin Horwood
65
* Schedule 1, page 84, line 36, at
end ‘insert’ ‘and shall publish it on the Commission’s
website.’.
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
7
Schedule 1, page 85, line 13, at
end insert ‘; and
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
8
Clause 7, page 6, line 8, at
end insert ‘in particular by reducing the administrative burden
on charities.’.
Martin Horwood
74
* Clause 7, page 6, line 16, at
end insert ‘with particular regard to diverse representation and
inclusion of beneficiaries in the management and operations of organisations.’.
Martin Horwood
66
* Clause 7, page 6, line 35, at
end insert—
Martin Horwood
75
* Clause 7, page 6, line 35, at
end insert—
Martin Horwood
67
* Clause 7, page 7, line 11, at
end insert—
‘(1A) So far as is reasonably practicable the Commission
must, in performing its functions, act in a way which maximises the
benefit to the users and beneficiaries of charities’ services
and activities.’.
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
9
Clause 7, page 7, line 25, at
end insert ‘and act in a fair and reasonable manner’.
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
10
Clause 7, page 7, line 31, at
end insert—
Martin Horwood
76
* Clause 7, page 7, line 31, at
end insert—
‘(7) The Commission must in appropriate cases have
regard to the desirability of providing extra support, advice, guidance
and encouragement to new and developing charities from a diverse range
of communities.’.
Martin Horwood
103
* Clause 7, page 7, line 31, at
end insert—
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
11
Clause 7, page 7, line 43, at
end add—
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
12
Clause 7, page 7, line 43, at
end add—
Martin Horwood
85
* Clause 8, page 8, line 16, leave
out second ‘of’ and insert ‘made or not made by’.
Martin Horwood
86
* Clause 8, page 8, line 17, at
end insert—
Martin Horwood
69
* Clause 8, page 8, line 20, at
end insert—
Martin Horwood
87
* Clause 8, page 8, line 20, at
end insert—
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
13
Clause 8, page 8, line 30, at
end insert—
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
14
Clause 8, page 9, line 17, at
end insert ‘and compensation’.
Martin Horwood
78
* Clause 8, page 9, line 22, leave
out subsection (5).
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
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’.
Martin Horwood
83
* Clause 8, page 9, line 33, at
end insert ‘or the decision, direction or order of the Commission
which is the subject of such proceedings’.
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
16
Clause 8, page 9, line 33, at
end insert—
Martin Horwood
68
* Clause 8, page 9, line 36, leave
out paragraph (b) and insert—
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
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.
Martin Horwood
80
* Clause 8, page 9, line 40, at
end insert—
Martin Horwood
79
* Clause 8, page 10, leave
out lines 17 to 36.
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
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
Mr Peter Bone
Peter Bottomley
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.’.
Martin Horwood
81
* Schedule 4, page 96, line 45, at
end insert—
| ‘1
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2
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3
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| Appointment of a receiver and manager in respect of the
property and affairs of the charity under section 18(1)(vii) and section
19 of this Act.
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The persons are—
(a) any person whose powers or duties as a trustee are performed or
exercised by the receiver or manager under the order, and
(b) any other person who is or may be affected by the order.
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Power to—
(a) quash the order and (if appropriate) remit the matter to the Commission,
(b) substitute for all or part of the order which could have been made
by the Commission,
(c) direct the dismissal and replacement of the receiver or manager.’.
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Martin Horwood
82
* Schedule 4, page 96, line 45, at
end insert—
| ‘1
|
2
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3
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| The continued appointment of a receiver and manager in
respect of the property and affairs of the charity under section 18(1)(vii)
and section 19 of this Act.
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The persons are—
(a) any person whose powers or duties as a trustee are performed or
exercised by the receiver or manager under the appointment, and
(b) any other person who is or may be affected by the appointment.
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Power to—
(a) end the appointment,
(b) direct the ending of the appointment and remit the matter to the
Commission,
(c) direct the dismissal and replacement of the receiver or manager,
(d) transfer the responsibility for paying all or part of the costs
of the receiver or manager to the Commission,
(e) direct the compensation of the charity by the Commission for all
or part of the costs already incurred by the receiver or manager.’.
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Martin Horwood
88
* Clause 9, page 11, line 39, leave
out ‘(subject to subsection (11))’.
Martin Horwood
89
* Clause 9, page 11, line 42, leave
out paragraph (11).
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
20
Clause 9, page 12, line 3, at
end insert—
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
21
Clause 9, page 12, line 20, leave
out ‘£5,000’ and insert ‘£10,000’.
Martin Horwood
90
* Clause 9, page 13, line 22, leave
out from second ‘a’ to end of line 25 and insert ‘a
draft of the order has been laid before, and approved by a resolution
of, each House of Parliament.’.
Martin Horwood
91
* Clause 9, page 13, leave
out lines 33 to 36.
Martin Horwood
94
* Clause 11, page 15, line 8, leave
out from ‘omit’ to end and insert ‘from “of”
to end of paragraph and insert “England and Wales”.’.
Martin Horwood
95
* Clause 11, page 15, line 17, at
end insert—
“(c) any church, religious
congregation, institution, or group of institutions which Her Majesty
declares by Order in Council to be an exempt charity for the purposes
of this Act.”.’.
Martin Horwood
96
* Clause 11, page 15, line 21, leave
out ‘National Lottery Charities Board’ and insert ‘Big
Lottery Fund’.
Martin Horwood
97
* Clause 11, page 15, line 31, at
end insert—
‘(10A) In paragraphs (c) and (x) no recommendation
to make legislation is to be made to Her Majesty in Council unless a
draft of the instrument has been laid before, and approved by resolution
of, each House of Parliament.’.
Martin Horwood
98
* Schedule 5, page 105, line 29, leave
out paragraph 6.
Martin Horwood
99
* Schedule 5, page 106, line 17, at
end add—
10. All references in Schedule 5 of this Act to “the
Commission” mean the “principal regulator”, as defined
in section 13(4) (b).’.
Martin Horwood
92
* Clause 13, page 16, line 32, leave
out ‘made by the Secretary of State’.
Martin Horwood
93
* Clause 13, page 16, line 32, at
end insert—
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
22
Clause 13, page 16, line 33, leave
out subsection (5).
Martin Horwood
101
* Clause 17, page 17, leave
out lines 36 to line 3 on page 18 and insert—
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
23
Clause 17, page 17, line 36, after
‘statement’, insert ‘(i)’.
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
24
Clause 17, page 18, line 3, at
end insert ‘and
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
25
Clause 17, page 18, line 8, leave
out ‘making of the gift)’ and insert ‘charity failing).’.
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
26
Clause 17, page 18, line 38, leave
out ‘is or is’ and insert ‘is or is not’.
Martin Horwood
100
* Clause 17, page 18, line 45, at
end insert—
‘(d) “cy-pres”
means to amend the terms of a charitable trust as near (Cy-pres) as
possible to the original intention of the testator or settlor, where
the original intended purpose is impossible, impracticable or illegal.’.
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