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

Tuesday 4th July 2006

Standing Committee A


      New Amendments handed in are marked thus *

Charities Bill [Lords]


Note

The Amendments have been arranged in accordance with the Order to be proposed by Edward Miliband.


RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE

       The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following Resolution at its meeting on Monday 3rd July (Standing Order No. 83C):

       That—

        (1) during proceedings on the Charities Bill [Lords] the Standing Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday 4th July) meet—

        (a) at 4.00 p.m. on Tuesday 4th July;

        (b) at 9.00 a.m. and 1.00 p.m. on Thursday 6th July;

        (c) at 10.30 a.m. and 4.00 p.m. on Tuesday 11th July;

        (d) at 9.00 a.m. and 1.00 p.m. on Thursday 13th July;

        (2) the proceedings shall be taken in the following order: 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;

        (3) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 4.00 p.m. on Thursday 13th July.

       Edward Miliband has given notice of his intention to move a motion in the terms of the Resolution of the Programming Sub-Committee [Standing Order No. 83C]


Martin Horwood

70

Clause 1, page 1, line 9, leave out subsection (2).


Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge

1

Clause 2, page 2, line 22, at end insert—

      ‘(LA) 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
James Duddridge

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
James Duddridge

53

Clause 2, page 2, line 34, leave out paragraph (d).

Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge

3

Clause 2, page 3, line 8, leave out subsection (7).


Martin Horwood

71

Clause 3, page 3, line 21, leave out from ‘whether’ to end of line 23 and insert—

      ‘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.

      (2A) 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
James Duddridge

4

Clause 3, page 3, line 22, after ‘not’, insert ‘, save in the case of paragraphs (a) and (c) of section 2(2),’.

Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge

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
James Duddridge

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 22, 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.’.

       As an Amendment to Edward Miliband’s proposed Amendment (No. 57):—

Mr Andrew Turner

(A)

* Line 3, after first ‘the’ insert ‘general’.

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
James Duddridge

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
James Duddridge

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
James Duddridge

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
James Duddridge

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 interests, of charity beneficiaries.’.

Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge

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
James Duddridge

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, and’.

Martin Horwood

69

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

        ‘(c) such appeals and applications 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—

        ‘(d) 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
James Duddridge

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
James Duddridge

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
James Duddridge

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 from ‘to’ to end of line 37 and insert—

      ‘a draft being laid before, and approved by a resolution of, each House of Parliament.’.

Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge

17

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

    2BA Suitors fund

      (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
James Duddridge

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
James Duddridge

19

Schedule 4, page 91, line 13, leave out from ‘matter’ to end of line 29 and insert—

    ‘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 taken 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, and (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
James Duddridge

20

Clause 9, page 12, line 3, at end insert—

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

Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge

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 ‘unless’ 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).’.


Mr Andrew Turner

105

* Clause 13, page 16, line 27, at end insert—

      ‘(3A) The body or Minister shall have the same powers and responsibilities as the Charity Commission under this Act in relation to the charities of which he is principal regulator.’.

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.’.

 
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Prepared: 4 July 2006