| Charities Bill [Lords] - continued | House of Commons |
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Martin Horwood 144 Clause 45, page 53, line 20, at
end insert— 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.’. 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.’. 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.’. Martin Horwood 145 Clause 49, page 56, line 16, at end insert ‘, and (c) ensure that all collectors carry photographic identity badges in a form approved for this purpose by the local authority.’. Martin Horwood 146 Clause 51, page 58, line 14, at end insert ‘although not in a form that might reasonably discourage legitimate applications,’. Helen Goodman 138 Clause 51, page 58, line 18, at end insert ‘, and (d) must include provision to combine the processes for registration and application for a certificate.’. Martin Horwood 147 Clause 52, page 58, line 37, at end insert— ‘(4A) Conditions under subsection (4) must not be in a form that might reasonably discourage legitimate applications.’. Helen Goodman 139 Clause 53, page 59, line 21, leave out paragraph (e). Martin Horwood 148 Clause 53, page 59, line 23, leave out from ‘inadequate,’ to end of line 24 and insert ‘having regard to all circumstances.’. Helen Goodman 142 Clause 53, page 59, line 35, leave out ‘or any person authorised by him’. Helen Goodman 141 Clause 53, page 60, line 9, leave out sub-paragraph (i). Helen Goodman 140 Page 61, line 20, leave out Clause 55. Martin Horwood 149 Clause 57, page 63, line 31, leave out subsection (4). Martin Horwood 150 Clause 60, page 65, line 41, leave out paragraph (b). Helen Goodman 143 Clause 60, page 65, leave out line 42 and insert ‘a day which, when taken with the day on which that other collection is already so authorised, would result in collections being undertaken in that locality more frequently than once every other day.’. Martin Horwood 151 Clause 63, page 68, line 19, after ‘make’, insert ‘reasonable’. Mr Andrew Turner
46 Clause 63, page 68, line 24, at end insert ‘excluding local collections;’. Martin Horwood 153 Clause 63, page 69, line 5, leave out ‘or (3)’. Martin Horwood 154 Clause 63, page 69, line 5, leave out ‘or (b)’. Martin Horwood 152 Page 68, line 18, leave out Clause 63. 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).” ’. Martin Horwood 155 Page 70, line 21, leave out Clause 67. 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 goods 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) Indications under subsection (1) above 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 goods 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.”.’. Mr Andrew Turner 157 Clause 69, page 73, line 25, leave out ‘Reserve’. Mr Andrew Turner 158 Clause 69, page 73, line 26, after ‘may’, insert ‘and, in the case of large charities, shall’. 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 159 Clause 69, page 73, line 28, at end insert— ‘(1A) “large charity” is a charity with an income of over £10 million per annum. (1B) Regulations made under this section, other than in respect of large charities, may apply to all charities or to a class of charities defined in accordance with— (a) their overall annual income, (b) the extent to which they depend on public fundraising, or (c) the proportion of their annual income spent on management and information, fundraising and publicity and shops and trading. (1C) Regulations made under this section shall, in the case of large charities, include requirements that the trustees— (a) distinguish in their accounts between the amounts spent on management and information, fundraising and publicity, shops and trading, and other expenditure, (b) consider whether the costs of a fundraising campaign are proportionate with its aims, and (c) make available to donors in a simple form the information contained in paragraph (b), above.’. 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, 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.’. Martin Horwood 156 Clause 72, page 77, line 20, at end insert— ‘(Z1) The Secretary of State must, one year after the year in which this Act is passed and each year subsequently, make a statement to the House of Commons, which must address the following matters— (a) the number of registered charities in England and Wales, and an indication of whether this number has risen or fallen since the previous statement, (b) the number of organisations which have failed to obtain or retain charitable status under sections 2 or 3 of this Act in that year, and why they have failed, (c) the total value of Gift Aid and other special tax provisions for registered charities in that year, (d) the total net cost of Value Added Tax to registered charities in that year, and (e) the number and value of central government contracts placed with registered charities in that year.’. Edward Miliband 180 Schedule 8, page 133, line 17, at end insert— ‘Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31) 14A (4) Section 5 of the Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (regulation of street collections) is amended as follows. (5) In subsection (1) for “the benefit of charitable or other purposes,” substitute “any purposes in circumstances not involving the making of a charitable appeal,”. (6) In paragraph (b) of the proviso to subsection (1) omit the words from “, and no representation” onwards. (7) 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 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
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).’. Edward Miliband 184 Schedule 8, page 165, line 7, 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—
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—
Edward Miliband 189 Schedule 9, page 170, line 18, column 2, at end insert—
Edward Miliband 190 Schedule 9, page 170, line 20, column 2, at end insert—
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 (c) the repeal made in that Act by Schedule 9,’. Edward Miliband 179 Clause 78, page 80, line 39, leave out subsection (8). 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 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.’. |
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| © Parliamentary copyright 2006 | Prepared: 11 July 2006 |