House of Commons

Session 2005-06 Publications on the internet Index of Amendments

Notices of Amendments

---

given on

Friday 7th July 2006

For other Amendment(s) see the following page(s) of Supplement to Votes:
1429-1449 and 1451-1454

Standing Committee A

---

Charities Bill [Lords]

---

Mr Andrew Turner

160

Clause 9, page 12, line 8, after ‘charity’, insert ‘the gross income of which does not exceed £100,000’.

Mr Andrew Turner

161

Clause 9, page 13, line 11, leave out ‘different’ and insert ‘higher’.

Mr Andrew Turner

162

Clause 9, page 13, line 22, after ‘(7)’, insert ‘(a)’.

Mr Andrew Turner

163

Clause 9, page 14, line 32, at end insert—

‘(6) Subsections (1) to (5) of this section do not apply to exempt charities.

(7) An exempt charity which is required to be registered on the register of charities shall supply for inclusion the name of its principal regulator.’.

Mr Andrew Turner

164

Page 14, line 33, leave out Clause 10.

Mr Andrew Turner

165

Clause 11, page 15, leave out lines 16 and 17.

Mr Andrew Turner

166

Schedule 7, page 115, line 5, at end insert—

‘(7) No person under the age of 18 years shall be appointed as a charity trustee of a CIO.’.

Mr Andrew Turner

167

Schedule 7, page 115, line 10, at end insert—

‘(ca) that its assets cannot be distributed to its members in their capacity as members, and’.

Mr Andrew Turner

168

Schedule 7, page 115, line 18, at end insert—

‘(ba) containing restrictions on the material benefits that the charity trustees of the CIO can derive from the CIO, and’.

Mr Andrew Turner

169

Schedule 7, page 115, line 35, at end insert—

‘(7) In subsection (2)(ba), “material benefits” means benefits which may or may not be financial, but which have a monetary value.’.

Mr Andrew Turner

170

Schedule 7, page 114, line 32, at end insert ‘, with either—

(a) charity trustees only, or

(b) charity trustees and one or more members.’.

Edward Miliband

171

Clause 23, page 24, leave out lines 14 to 17 and insert—

‘(a) a Scottish recognised body, or

(b) a Northern Ireland charity,’.

Edward Miliband

172

Clause 23, page 24, leave out lines 32 to 35 and insert—

‘(a) a Scottish recognised body, or

(b) a Northern Ireland charity,’.

Edward Miliband

173

Clause 23, page 24, line 44, at end insert—

‘(3A) After section 25 insert—

“25A Meaning of “Scottish recognised body” and “Northern Ireland charity” in sections 24 and 25

(1) In sections 24 and 25 above “Scottish recognised body” means a body—

(a) established under the law of Scotland, or

(b) managed or controlled wholly or mainly in or from Scotland,

to which the Commissioners for Her Majesty’s Revenue and Customs have given intimation, which has not subsequently been withdrawn, that relief is due under section 505 of the Income and Corporation Taxes Act 1988 in respect of income of the body which is applicable and applied to charitable purposes only.

(2) In those sections “Northern Ireland charity” means an institution which is a charity under the law of Northern Ireland.”’.

Edward Miliband

174

Clause 23, page 25, line 2, leave out ‘and 25’ and insert ‘to 25A’.

Edward Miliband

175

Clause 45, page 53, line 21, leave out ‘to give money or other property’ and insert ‘which is—

(i) an appeal to them to give money or other property, or

(ii) an appeal falling within subsection (4),

(or both) and’.

Edward Miliband

176

Clause 45, page 53, line 35, leave out subsections (4) and (5) and insert—

‘(4) An appeal falls within this subsection if it consists in or includes—

(a) the making of an offer to sell goods or to supply services, or

(b) the exposing of goods for sale,

to members of the public.’.

Edward Miliband

177

Clause 78, page 80, line 34, after ‘to’ insert—

‘(a) ’.

Edward Miliband

178

Clause 78, page 80, line 35, after ‘(c. 6),’ insert ‘or

(b) those made by Schedule 8 in the Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31), or

(c) the repeal made in that Act by Schedule 9,’.

Edward Miliband

179

Clause 78, page 80, line 39, leave out subsection (8).

Edward Miliband

180

Schedule 8, page 133, line 17, at end insert—

‘Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31)

14A (8) Section 5 of the Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (regulation of street collections) is amended as follows.

(9) In subsection (1) for “the benefit of charitable or other purposes,” substitute “any purposes in circumstances not involving the making of a charitable appeal,”.

(10) In paragraph (b) of the proviso to subsection (1) omit the words from “, and no representation” onwards.

(11) In subsection (4) before the definition of “street” insert—

““charitable appeal” has the same meaning as in Chapter 1 of Part 3 of the Charities Act 2006;”’.

Edward Miliband

181

Schedule 8, page 138, line 24, at end insert—

‘Sex Discrimination Act 1975 (c. 65)

In section 21A of the Sex Discrimination Act 1975 (public authorities) in paragraph 14 in the Table of Exceptions in subsection (9), for “Charity Commissioners for England and Wales” substitute “Charity Commission”.’.

Edward Miliband

182

Schedule 8, page 143, leave out lines 21 to 29.

Edward Miliband

183

Schedule 8, page 144, line 31, at end insert—

‘91A In section 79 (short title, commencement and extent) omit—

(a) in subsection (6), the words “(subject to subsection (7))”, and

(b) subsection (7).

91B In Schedule 7 (repeals) omit the entry relating to the Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31).’.

Edward Miliband

184

Schedule 8, page 165, line 6, at end insert—

‘(ba) in the definition of “institution”, after ““institution” insert “means an institution whether incorporated or not, and”.’.

Edward Miliband

185

Schedule 8, page 169, line 32, at end insert—

‘Constitutional Reform Act 2005 (c. 4)

In Part 3 of Schedule 14 to the Constitutional Reform Act 2005 (the Judicial Appointments Commission: relevant offices etc.) after the entries relating to section 6(5) of the Tribunals and Inquiries Act 1992 insert—

“President of the Charity Tribunal	Paragraph 1(2) of Schedule 1B to the Charities Act 1993 (c. 10)”.’.
Legal member of the Charity Tribunal
Ordinary member of the Charity Tribunal

Edward Miliband

186

Schedule 8, page 169, line 32, at end insert—

‘Charities and Trustee Investment (Scotland) Act 2005 (asp 10)

The Charities and Trustee Investment (Scotland) Act 2005 has effect subject to the following amendments.

In section 36(1) (powers of OSCR in relation to English and Welsh charities)—

(a) for “Charity Commissioners for England and Wales inform” substitute “Charity Commission for England and Wales informs”,

(b) for “under section 3” substitute “in accordance with section 3A”, and

(c) for “section 3(5) of that Act,” substitute “subsection (2) of that section,”.

In section 69(2)(d)(i) (persons disqualified from being charity trustees)—

(a) at the beginning insert “by the Charity Commission for England and Wales under section 18(2)(i) of the Charities Act 1993 or”, and

(b) for “under section 18(2)(i) of the Charities Act 1993 (c. 10),” substitute “, whether under section 18(2)(i) of that Act or under”.’.

Edward Miliband

187

Schedule 8, page 169, line 32, at end insert—

‘Equality Act 2006 (c. 3)

(1) The Equality Act 2006 has effect subject to the following amendments.

(2) In section 58(2) (charities relating to religion or belief)—

(a) for “Charity Commissioners for England and Wales” substitute “Charity Commission”, and

(b) for “the Commissioners” substitute “the Commission”.

(3) In section 79(1)(a) (interpretation) after “given by” insert “section 1(1) of”.’.

Edward Miliband

188

Schedule 9, page 170, line 5, at beginning insert—

‘Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31)

In section 5(1), in paragraph (b) of the proviso, the words from “, and no representation” onwards.’.

Edward Miliband

189

Schedule 9, page 170, line 18, column 2, at end insert—

‘In section 79, in subsection (6) the words “(subject to subsection (7))”, and subsection (7).’.

Edward Miliband

190

Schedule 9, page 170, line 20, column 2, at end insert—

‘In Schedule 7, the entry relating to the Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31).’.

---

---

Prepared: 10 July 2006