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Thursday 6th July 2006
Standing Committee A
Charities Bill [Lords]
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—
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—
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—
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge
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
James Duddridge
13
Clause 8, page 8, line 30, at
end insert—
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—
Martin Horwood
68
Clause 8, page 9, line 36, leave
out from ‘to’ to end of line 37 and insert—
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge
17
Clause 8, page 9, line 40, at
end insert—
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
James Duddridge
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
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).
(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, 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
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2
|
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
|
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
James Duddridge
20
Clause 9, page 12, line 3, at
end insert—
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—
“(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).’.
Mr Andrew Turner
105
Clause 13, page 16, line 27, at
end insert—
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
James Duddridge
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
James Duddridge
23
Clause 17, page 17, line 36, after
‘statement’, insert ‘—
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge
24
Clause 17, page 18, line 3, at
end insert ‘, and
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge
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
James Duddridge
26
Clause 17, page 18, line 38, after
third ‘is’, insert ‘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.’.
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge
27
Clause 18, page 19, line 29, leave
out ‘may’ and insert ‘must’.
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge
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
112
Schedule 7, page 115, line 1, leave
out ‘shall have one or more’ and insert ‘need not
have any’.
Mr Andrew Turner
113
Schedule 7, page 115, line 2, after
‘members’ insert ‘(if there is a membership)’.
Mr Andrew Turner
114
Schedule 7, page 115, line 11, after
‘members’ insert ‘(if there is a membership)’.
Mr Andrew Turner
115
Schedule 7, page 115, line 14, after
‘membership’ insert ‘(if there is a membership)’.
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge
36
Schedule 7, page 116, leave
out inserted section 69D.
Mr Andrew Turner
129
* Schedule 7, page 116, line 18, at
end insert—
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge
37
Schedule 7, page 117, line 32, at
end insert ‘and
Mr Andrew Turner
123
Schedule 7, page 117, line 33, at
beginning insert ‘Subject to subsection (3B) below’.
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge
38
Schedule 7, page 117, line 36, at
end insert—
Mr Andrew Turner
124
Schedule 7, page 117, line 36, at
end insert ‘, subject to any liabilities previously incurred in
relation to that property.
(3B) Where an unincorporated
charity converting under subsections (3) and (3A) holds permanent endowment,
registration of the CIO has the effect of appointing the CIO as corporate
trustee of the permanent endowment.’.
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge
39
Schedule 7, page 120, line 35, at
end insert—
Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge
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.’.
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