House of Commons - Amendments
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Mr Andrew Turner

116

Schedule 7, page 129, line 14, after ‘members’ insert ‘(if there is a membership and of the charity trustees if there is no membership)’.

Mr Andrew Turner

117

Schedule 7, page 129, line 22, after ‘meeting’ insert ‘or, as applicable, charity trustees’ meeting’.

Mr Andrew Turner

118

Schedule 7, page 129, line 25, after ‘members’ insert ‘or, as applicable, charity trustees’.

Mr Andrew Turner

119

Schedule 7, page 129, line 26, after ‘meeting’ insert ‘or, as applicable, charity trustees’ meeting’.

Mr Andrew Turner

120

Schedule 7, page 129, line 28, leave out ‘general’.

Mr Andrew Turner

121

Schedule 7, page 129, line 29, leave out ‘general’.


Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge

30

Clause 36, page 34, line 24, after ‘out’, insert ‘in advance’.

Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge

31

Clause 36, page 35, line 10, leave out ‘or under a contract of employment,’.

Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge

32

Clause 36, page 35, line 46, at end insert—

        ‘(ba) 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
Mr Peter Bone
Peter Bottomley
James Duddridge

33

Clause 36, page 36, line 2, after ‘(b), insert ‘or (bb)’.

Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge

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
Mr Peter Bone
Peter Bottomley
James Duddridge

28

Clause 38, page 37, line 25, at end insert—

        ‘(d) a trustee or auditor of a charitable incorporated organisation.’.

Peter Bottomley

132

* Clause 38, page 38, line 10, at end insert—

      ‘(7) Any prosecution of a trustee of an unincorporated charitable trust under section 3 of the Health and Safety at Work etc Act 1974 (c.37) shall require the consent of a law officer and the Charity Commission and must satisfy the public benefit test.

      (8) A law officer has the power to stop the prosecution, under this Act, or the Health and Safety at Work etc Act 1974, of a trustee of an unincorporated charitable trust if it is in the public interest to do so.’.

Mr Andrew Turner

122

Clause 38, page 38, line 21, at end insert—

    73F Court jurisdiction

      The court shall have parallel jurisdiction with the Commission under section 73D in respect of the relief of charity trustees of Charitable Incorporated Organisations.’.


Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge

40

Clause 40, page 40, line 19, leave out ‘(or any of the purposes)’.


Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge

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

125

Clause 42, page 45, line 14, at end insert ‘or,

        ‘(c) relating to the execution of the trusts,’.

Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge

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
Mr Peter Bone
Peter Bottomley
James Duddridge

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

126

Clause 42, page 45, line 35, at end insert ‘provided that the date specified in the resolution under subsection (2) cannot be earlier than the date of that resolution.’.


Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge

44

Clause 43, page 46, leave out lines 34 to 36.


Mr Andrew Turner

127

Clause 44, page 50, line 22, at end insert—

        ‘(c) the incorporation of an unincorporated charity shall be treated as a merger under the provisions of sections 75A to F.’.


Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge

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.’.

James Duddridge

130

* Clause 45, page 54, line 22, at end insert—

      ‘(8) Persons making a public charitable collection shall be allowed to shake or rattle collection tins or vessels.’.


Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge

46

Clause 63, page 68, line 24, at end insert ‘excluding local collections;’.


Mr Andrew Turner

128

Clause 67, page 71, line 14, at end insert—

      ‘(6) After subsection (9) insert—

      “The Charity Commission shall have power to initiate criminal proceedings in respect of offences under subsection (9).” ’.


Mr Andrew Turner

131

* Clause 68, page 73, line 22, at end add—

    60C Fundraising by sale of products and services

      (1) Save in the case of small outlets, where the sale of any good or service is represented as benefiting a charity or charities, the vendor shall indicate either the proportion or the amount of the sale price which will be passed to the charity or charities for their unrestricted benefit.

      (2) Such indication may be made in diagramatic form, and shall be made in writing the font-size of which shall be no smaller than the price of the good or service.

      (3) For the purpose of this section, a “small outlet” is an organisation which is not obliged to register for Value Added Tax purposes.’.


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
Mr Peter Bone
Peter Bottomley
James Duddridge

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
Mr Peter Bone
Peter Bottomley
James Duddridge

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
Mr Peter Bone
Peter Bottomley
James Duddridge

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
Mr Peter Bone
Peter Bottomley
James Duddridge

50

Clause 71, page 76, line 25, at end 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)’.

Mr Andrew Turner

106

Schedule 8, page 149, line 14, after ‘manager’, insert ‘or 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

107

Schedule 8, page 150, line 6, after ‘manager’, insert ‘or interim trustee as appropriate’.

Mr Andrew Turner

108

Schedule 8, page 150, line 11, after second ‘manager’, insert ‘or interim trustee as appropriate’.

Mr Andrew Turner

109

Schedule 8, page 150, line 13, after ‘manager’, insert ‘or interim trustee as appropriate’.

Mr Andrew Turner

110

Schedule 8, page 150, line 15, after second ‘manager’, insert ‘or interim trustee as appropriate’.

Mr Andrew Turner

111

Schedule 8, page 150, line 19, after second ‘manager’, insert ‘or interim trustee as appropriate’.

Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge

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
Mr Peter Bone
Peter Bottomley
James Duddridge

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
Mr Peter Bone
Peter Bottomley
James Duddridge

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 duties under subsections (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 subsections (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
Mr Peter Bone
Peter Bottomley
James Duddridge

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
Mr Peter Bone
Peter Bottomley
James Duddridge

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
Mr Peter Bone
Peter Bottomley
James Duddridge

NC4

    To move the following Clause:—

      ‘In section 19 of the 1993 Act—

        (a) in subsection (5) leave out “the charity concerned” and insert “the commission”;

        (b) in 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
Mr Peter Bone
Peter Bottomley
James Duddridge

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
Mr Andrew Turner

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 a 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.”’.


 
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Prepared: 6 July 2006