| Charities Bill [Lords] - continued | House of Commons |
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Mr Andrew Turner
27 Clause 18, page 19, line 29, leave out ‘may’ and insert ‘must’. Mr Andrew Turner
35 Clause 20, page 21, line 1, leave out ‘the Commission considers to be expedient in the interests’ and insert ‘is necessary for the protection of the property’. Edward Miliband 55 * Clause 27, page 29, line 17, after ‘(2)’, insert ‘above’. Edward Miliband 58 * Schedule 6, page 110, line 19, leave out ‘company’ and insert ‘charity’. 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 (d) which shall be an organisation having limited liability and which shall not be subject to the provisions of the Companies Act 1985.’. Mr Andrew Turner
38 Schedule 7, page 117, line 36, at end insert— ‘(3A) Any liability of the applicant entered into in pursuance of the charitable purpose of the CIO shall by virtue of this subsection become a liability of the CIO. (3B) Any liability of a charity which becomes a CIO shall by virtue of this subsection become a liability of the CIO.’. Mr Andrew Turner
39 Schedule 7, page 120, line 35, at end insert— ‘(6A) Any asset or liability of the converting company or registered society shall by virtue of subsection (4) transfer to the CIO.’. 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— ‘(bb) a person having a relationship with a trustee akin to that of a spouse or civil partner with a trustee or any person falling within paragraph (a);’. 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’. Edward Miliband 56 * Clause 37, page 37, line 11, leave out ‘(5) to (7)’ and insert ‘(4) to (6)’. Mr Andrew Turner
28 Clause 38, page 37, line 25, at end insert— ‘(d) a trustee or auditor of a charitable incorporated organisation.’. 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— ‘(8A) Where the rules of the charity provide that its members have the power to vote on amendments to its purposes— (a) a period of notice of 28 days, or the period set out in the rules of the charity, whichever is greater shall be given to all members of such a resolution; and (b) this section shall be construed as if “members” were substituted for “charity trustees” in subsections (1) to (8).’. 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,’. Martin Horwood 102 * Clause 42, page 45, line 23, leave out ‘and without any expression of dissent’ and insert ‘but where consensus has been reached’. Mr Andrew Turner
43 Clause 42, page 45, line 24, at end insert ‘or (c) in accordance with the procedures of the charity whichever is more onerous.’. 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— ‘(8) Nothing in this or any other legislation shall permit a condition to be attached to the permission for a public collection which prevents the collectors from shaking their collecting tins— (a) between the hours of 8am and 6pm; or (b) at other times unless it can be demonstrated that the shaking of tins is likely to cause a public nuisance.’. Mr Andrew Turner
46 Clause 63, page 68, line 24, at end insert ‘excluding local collections’. Martin Horwood 77 * Clause 69, page 73, line 28, at end insert— ‘(1A) The Secretary of State may only make regulations under subsection (1) if he concludes that the requirements set down in subsection (4) are being widely neglected. (1B) If the Secretary of State makes regulations under subsection (1) he must also publish a statement giving details of failures to comply with the requirements set out in subsection (4).’. 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,’. Edward Miliband 59 * Schedule 8, page 144, line 33, at end insert— ‘92A In the heading for Part 1, for “CHARITY COMMISSIONERS” substitute “CHARITY COMMISSION”.’. Edward Miliband 60 * Schedule 8, page 148, line 41, after ‘was”,’, insert— ‘(ba) for “they act” substitute “it acts”,’. Martin Horwood 104 * Schedule 8, page 149, line 14, after ‘manager’, insert ‘(who will otherwise be known as an interim trustee as appropriate)’. Edward Miliband 61 * Schedule 8, page 149, line 16, at end insert— ‘(za) for “they have” substitute “it has”,’. 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— (c) for more than one type of statement to be prepared to reflect the differing natures and sizes of different charities’. Edward Miliband 62 * Schedule 8, page 156, leave out lines 39 and 40 and insert— ‘(c) for “the Commissioners so request, be transmitted to them” substitute “the Commission so requests, be transmitted to it”, and’. Edward Miliband 63 * Schedule 8, page 158, line 9, at end insert ‘, and (c) for “they may” substitute “it may”.’. Edward Miliband 64 * Schedule 8, page 164, line 41, at end insert— ‘(2A) Omit— (a) in the definition of “exempt charity” in subsection (1), the words “(subject to section 24(8) above)”, and (b) subsection (4).’. New Clauses Duties of trustees Mr Andrew Turner
NC1 To move the following Clause:— ‘(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, (b) act with the care and diligence that it is reasonable to expect of a person who is managing the affairs of another person, and (c) in circumstances capable of giving rise to a conflict of interest between the charity and any person responsible for the appointment or remuneration of the charity trustee— (i) put the interests of the charity before those of the other person, or (ii) where any other duty prevents the charity trustee from doing so, disclose the conflicting interest to the charity and refrain from participating in any deliberation or decision of the other charity trustees with respect to the matter in question. (2) The charity trustees of a charity must ensure that the charity complies with any direction, requirement, notice or duty imposed on it by virtue of this Act. (3) Subsections (1) and (2) are without prejudice to any other duty imposed by enactment or otherwise on a charity trustee in relation to the exercise of functions in that capacity. (4) Any breach of the duty under subsection (1) or (2) is to be treated as being misconduct in the administration of the charity. (5) All charity trustees must take such steps as are reasonably practicable for the purposes of ensuring— (a) that any breach of a duty under subsection (1) or (2) is corrected by the trustee concerned and not repeated, and (b) that any trustee who has been in serious or persistent breach of either or both of those duties is removed as a trustee. (6) For the purposes of this section “charity trustee” includes an individual representative of a corporate trustee.’. Power to institute inquiries Mr Andrew Turner
NC2 To move the following Clause:— ‘(1) Section 8 of the 1993 Act is amended as follows. (2) At the beginning of subsection (1), insert “Subject to subsection (1A) below”. (3) After subsection (1), insert— “(1A) The Commissioners may only institute such an inquiry on reasonable grounds and such grounds must be communicated in writing by the Commission within 7 days of the opening of such an inquiry to— (a) the persons who are or claim to be the charity trustees of every institution which is the subject of such an inquiry, and (b) (if a body corporate) each institution which is the subject of such an inquiry.”. (4) After subsection (6), insert— “(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 To move the following Clause:— ‘In section 19 of the 1993 Act, after subsection (1), insert— “(1A) Within seven days of an appointment under subsection (1), the Commission must communicate in writing to— (a) the persons who are or claim to be the charity trustees of the institution concerned, and (b) (if a body corporate) the institution which is the subject of such an appointment; the reasons why they consider such an appointment necessary and appropriate.”.’. Remuneration of an interim manager of a charity Mr Andrew Turner
NC4 To move the following Clause:— ‘In section 19 of the 1993 Act— (a) from subsection (5) leave out “the charity concerned” and insert “the commission”; (b) from subsection (6) leave out “out of the income from the charities concerned” and insert “by the commission.’. Amendment of section 19 of the 1993 Act Mr Andrew Turner
NC5 To move the following Clause:— ‘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.”.’. Disqualification for acting as a charity trustee James Duddridge NC6 To move the following Clause:— ‘In section 72 of the 1993 Act (Persons disqualified for being trustees of a charity), at beginning insert— “(A1) A person may not be disqualified from being a charity trustee on the grounds of learning disability.”.’. Loss of charitable status Martin Horwood NC7 * To move the following Clause:— ‘Where charitable status is withdrawn from any organisation or institution the assets of that charity must be deployed or protected for the charitable purpose for which they were originally constituted with regard to— (a) the continuity of that purpose; (b) the need to maintain public confidence in that purpose; and (c) the interests of beneficiaries.’. The Charity Independent Complaints Reviewer Martin Horwood NC8 * To move the following Clause:— ‘After section 2D of the 1993 Act (inserted by section 8 of this Act) insert— “Part 1B THE CHARITY INDEPENDENT COMPLAINTS REVIEWER 2E The Charity Independent Complaints Reviewer (1) There shall be a complaints reviewer to be known as the Charity Independent Complaints Reviewer (in this Act referred to as “the Reviewer”). (2) The function of the Reviewer will be to investigate complaints against the Charity Commission’s performance of its regulatory role and where appropriate make financial awards of compensation against the Charity Commission, whether limited consolatory payments or unlimited payments for financial loss, and make recommendations. (3) Except where the Reviewer finds the complainant has acted frivolously, vexatiously or unreasonably, the complainant shall not be required to pay any part of the costs of the investigation. (4) No complainant shall be required to use any internal complaints procedure of the Charity Commission, the Parliamentary Commissioner for Administration, the Charity Tribunal or the courts before the Reviewer will consider the case and any consideration by the Reviewer will not prevent the case subsequently being considered by the Parliamentary Commissioner for Administration or the courts. (5) The Reviewer shall be appointed by the Lord Chancellor on such other terms as he, after consultation, shall think fit.”.’. Appointment and payment of the Receiver and Manager Martin Horwood NC9 * To move the following Clause:— ‘(1) In section 19(1) of the Charities Act 1993, at end insert “subject to a public tender exercise conducted in line with best practice from the Office of Government Commerce”. (2) In section 19(6)(b) of the Chairities Act 1993 (c. 10), after “the income of the charities concerned”, insert “subject to a public tender exercise and up to a sum agreed in such an exercise, any additional costs to be met by the Commission”.’. Property in trusts from residuary legacies Martin Horwood NC10 * To move the following Clause:— ‘(1) After section 36(5) of the Charities Act 1993 (c.10) insert— “(5A) References to a “charity trustee” in this section mean a trustee of the relevant charity or any proper officer with delegated authority from trustees.” (2) After section 36(9) of the 1993 Act insert— “(9A) Requirements in subsection (3), above, do not apply to any property under the value of £500,000 or a sum afterwards determined by an order, a draft of which has been laid before, and approved by a resolution of, each House of Parliament.”.’. ORDER OF THE HOUSE [26TH JUNE 2006] That the following provisions shall apply to the Charities Bill [Lords]: Committal 1. The Bill shall be committed to a Standing Committee. Proceedings in Standing Committee 2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 13th July 2006. 3. The Standing Committee shall have leave to sit twice on the first day on which it meets. Consideration and Third Reading 4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced. 5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day. 6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading. Other proceedings 7. Any other Proceedings on the Bill (including any proceedings on consideration of any message from the Lords) may be programmed. |
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