House of Commons Amendments
          
House of Commons
Session 2005-06
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Index of Amendments

Notices of Amendments


given up to and including

Friday 30th June 2006

      New Amendments handed in are marked thus *

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—

      ‘(1a) the promotion of the efficiency of the police service or the advancement of welfare for police officers or former police officers and their dependants.’.

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—

      ‘(2) In determining whether a body provides or intends to provide public benefit, regard must be had to—

        (a) how any—

          (i) benefit gained or likely to be gained by members of the body or any other persons (other than as members of the public), and

          (ii) disbenefit incurred or likely to be incurred by the public in consequence of the body exercising its functions,

        compares with the benefit gained or likely to be gained by the public in that consequence, and

        (b) where benefit is, or is likely to be provided to a section of the public only, whether any condidtion on obtaining that benefit (including any charge or fee) is unduly restrictive.

      (3) It is presumed that a charity established to benefit the natural environment, or the living species within it, exists for the public benefit.’.

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—

        ‘(d) at least four members have particular experience of the charitable activity such as the Secretary of State may by regulations define.’.

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

        (c) attendance by as many representatives of charities as reasonably practicable.’.


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—

      ‘(7) Giving information or advice or making proposals to any member or members of the public interested in registering a charity under subsection (3), including advice not to register.’.

Martin Horwood

75

* Clause 7, page 6, line 35, at end insert—

      ‘(2A) The Charity Commission’s first general function shall include a systematic review of the public benefit test for existing charities.’.

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—

      ‘(7) So far as is reasonably practicable the Commission must in performing its functions distinguish between—

        (a) its regulatory role,

        (b) its advisory role, and

        (c) its investigatory and remedial role.’.

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—

      ‘(7) In performing its regulatory functions the Commission must act fairly and reasonably, and with regard to the interest of charity beneficiaries.’.

Mr Andrew Turner
Mr Peter Bone
Peter Bottomley

11

Clause 7, page 7, line 43, at end add—

      ‘(4) In its advisory role the Commission shall distinguish clearly between advice and guidance—

        (a) to which a charity is obliged to have regard, and

        (b) which a charity is obliged to follow.’.

Mr Andrew Turner
Mr Peter Bone
Peter Bottomley

12

Clause 7, page 7, line 43, at end add—

      ‘(5) The Commission has power to award compensation when a complaint is upheld against its actions.’.


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—

        ‘(ab) such appeals and applications as may be made in relation to any decision or activity consequent to any decisions, orders or directions of the Commission,’.

Martin Horwood

69

* Clause 8, page 8, line 20, at end insert—

        ‘(c) such appeals and application as may be made to the Tribunal, in respect of decisions, orders or direction not made by the Commission which could reasonably have been made by the Commission.’.

Martin Horwood

87

* Clause 8, page 8, line 20, at end insert—

        ‘(c) any appeal or application as may be made to the Tribunal relating to any decision made by the Secretary of State under this Act.’.

Mr Andrew Turner
Mr Peter Bone
Peter Bottomley

13

Clause 8, page 8, line 30, at end insert—

        ‘(c) obliging the Tribunal to publish its decisions.’.

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—

      ‘(7A) The Tribunal may award compensation to any party to proceedings before it.’.

Martin Horwood

68

* Clause 8, page 9, line 36, leave out paragraph (b) and insert—

        ‘(b) shall be subject to a draft being laid before and approved by resolution of each House of Parliament.’.

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.

    (2) The fund shall be provided by the Commission.’.

Martin Horwood

80

* Clause 8, page 9, line 40, at end insert—

    2BA Suitors fund

      (1) The Tribunal shall administer a fund (a “suitors’ fund”) from which it will contribute to the costs of those seeking to bring appeals and applications in accordance with Schedule 1C to this Act or appeals in accordance with section 2C of this Act.

      (2) The fund shall be maintained at a value of £100,000

      (3) The fund shall be provided by the Commission.’.

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—

    2E Investigation by Parliamentary Commissioner for Administration

      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).

    (2) Such an appeal may be brought by—

      (a) the Attorney General;

      (b) any person from the following—

(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).

    (3) In determining such an appeal the Tribunal—

      (a) shall consider afresh the decision, direction or order appealed against, and

      (b) may take into account evidence which was not available to the Commission.

    (4) The Tribunal may—

      (a) dismiss the appeal, or

      (b) if it allows the appeal, exercise any of the following powers—

(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 2 3
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. 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.
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.’.

Martin Horwood

82

* Schedule 4, page 96, line 45, at end insert—

1 2 3
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. 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.
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.’.

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—

      ‘(12) Regulations made under section (11) may exempt part only of the copies from public inspection.’.

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—

      ‘(7B) after paragraph (b) 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—

    Role of the principal regulator of exempt charities in increased regulation under 1993 Act

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—

        ‘(c) in the absence of any principle regulator under paragraph (b), above, the regulator shall be the Privy Council.’.

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—

        ‘(b) the donor has not made a relevant declaration at the time of making the gift.’.

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

          (ii) how the donor should make such a declaration.’.

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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Prepared: 3 July 2006