House of Commons

Session 2005-06 Publications on the internet Bill Home Page

Thursday 13th July 2006

Standing Committee A

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Charities Bill [Lords]

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Note

The Amendments have been arranged in accordance with the Order of the Committee [4th July 2006].

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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.’.

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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.’.

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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.’.

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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).

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Helen Goodman

140

Page 61, line 20, leave out Clause 55.

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Martin Horwood

149

Clause 57, page 63, line 31, leave out subsection (4).

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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.’.

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Martin Horwood

151

Clause 63, page 68, line 19, after ‘make’, insert ‘reasonable’.

Mr Andrew Turner
Mr Peter Bone
Peter Bottomley
James Duddridge

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.

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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.

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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.”.’.

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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.’.

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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.’.

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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.’.

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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.’.

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Edward Miliband

191

Clause 73, page 78, line 16, at end insert—

‘(ba) any regulations under section (Disclosure of information to and by Northern Ireland regulator),’.

Edward Miliband

192

Clause 73, page 78, line 21, after ‘(b),’ insert ‘(ba),’.

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Edward Miliband

180

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

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

14A (1) Section 5 of the Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (regulation of street collections) is amended as follows.

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

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

(4) 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

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

194

Schedule 8, page 145, line 32, leave out ‘COMMISSION’S’.

Edward Miliband

195

Schedule 8, page 146, line 32, leave out paragraph 99 and insert—

‘99 For section 10 substitute—

“10 Disclosure of information to Commission

(1) Any relevant public authority may disclose information to the Commission if the disclosure is made for the purpose of enabling or assisting the Commission to discharge any of its functions.

(2) But Revenue and Customs information may be disclosed under subsection (1) only if it relates to an institution, undertaking or body falling within one (or more) of the following paragraphs—

(a) a charity;

(b) an institution which is established for charitable, benevolent or philanthropic purposes;

(c) an institution by or in respect of which a claim for exemption has at any time been made under section 505(1) of the Income and Corporation Taxes Act 1988;

(d) a subsidiary undertaking of a charity;

(e) a body entered in the Scottish Charity Register which is managed or controlled wholly or mainly in or from England or Wales.

(3) In subsection (2)(d) above “subsidiary undertaking of a charity” means an undertaking (as defined by section 259(1) of the Companies Act 1985) in relation to which—

(a) a charity is (or is to be treated as) a parent undertaking in accordance with the provisions of section 258 of, and Schedule 10A to, the Companies Act 1985, or

(b) two or more charities would, if they were a single charity, be (or be treated as) a parent undertaking in accordance with those provisions.

(4) For the purposes of the references to a parent undertaking—

(a) in subsection (3) above, and

(b) in section 258 of, and Schedule 10A to, the Companies Act 1985 as they apply for the purposes of that subsection,

“undertaking” includes a charity which is not an undertaking as defined by section 259(1) of that Act.

10A Disclosure of information by Commission

(1) Subject to subsections (2) and (3) below, the Commission may disclose to any relevant public authority any information received by the Commission in connection with any of the Commission’s functions—

(a) if the disclosure is made for the purpose of enabling or assisting the relevant public authority to discharge any of its functions, or

(b) if the information so disclosed is otherwise relevant to the discharge of any of the functions of the relevant public authority.

(2) In the case of information disclosed to the Commission under section 10(1) above, the Commission’s power to disclose the information under subsection (1) above is exercisable subject to any express restriction subject to which the information was disclosed to the Commission.

(3) Subsection (2) above does not apply in relation to Revenue and Customs information disclosed to the Commission under section 10(1) above; but any such information may not be further disclosed (whether under subsection (1) above or otherwise) except with the consent of the Commissioners for Her Majesty’s Revenue and Customs.

(4) Any responsible person who discloses information in contravention of subsection (3) above is guilty of an offence and liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.

(5) It is a defence for a responsible person charged with an offence under subsection (4) above of disclosing information to prove that he reasonably believed—

(a) that the disclosure was lawful, or

(b) that the information had already and lawfully been made available to the public.

(6) In the application of this section to Scotland or Northern Ireland, the reference to 12 months in subsection (4) is to be read as a reference to 6 months.

(7) In this section “responsible person” means a person who is or was—

(a) a member of the Commission,

(b) a member of the staff of the Commission,

(c) a person acting on behalf of the Commission or a member of the staff of the Commission, or

(d) a member of a committee established by the Commission.

10B Disclosure to and by principal regulators of exempt charities

(1) Sections 10 and 10A above apply with the modifications in subsections (2) to (4) below in relation to the disclosure of information to or by the principal regulator of an exempt charity.

(2) References in those sections to the Commission or to any of its functions are to be read as references to the principal regulator of an exempt charity or to any of the functions of that body or person as principal regulator in relation to the charity.

(3) Section 10 above has effect as if for subsections (2) and (3) there were substituted—

“(2) But Revenue and Customs information may be disclosed under subsection (1) only if it relates to—

(a) the exempt charity in relation to which the principal regulator has functions as such, or

(b) a subsidiary undertaking of the exempt charity.

(3) In subsection (2)(b) above “subsidiary undertaking of the exempt charity” means an undertaking (as defined by section 259(1) of the Companies Act 1985) in relation to which—

(a) the exempt charity is (or is to be treated as) a parent undertaking in accordance with the provisions of section 258 of, and Schedule 10A to, the Companies Act 1985, or

(b) the exempt charity and one or more other charities would, if they were a single charity, be (or be treated as) a parent undertaking in accordance with those provisions.”

(4) Section 10A above has effect as if for the definition of “responsible person” in subsection (7) there were substituted a definition specified by regulations under section 13(4)(b) of the Charities Act 2006 (regulations prescribing principal regulators).

(5) Regulations under that section may also make such amendments or other modifications of any enactment as the Secretary of State considers appropriate for securing that any disclosure provisions that would otherwise apply in relation to the principal regulator of an exempt charity do not apply in relation to that body or person in its or his capacity as principal regulator.

(6) In subsection (5) above “disclosure provisions” means provisions having effect for authorising, or otherwise in connection with, the disclosure of information by or to the principal regulator concerned.

10C Disclosure of information: supplementary

(1) In sections 10 and 10A above “relevant public authority” means—

(a) any government department (including a Northern Ireland department),

(b) any local authority,

(c) any constable, and

(d) any other body or person discharging functions of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).

(2) In section 10A above “relevant public authority” also includes any body or person within subsection (1)(d) above in a country or territory outside the United Kingdom.

(3) In sections 10 to 10B above and this section—

“enactment” has the same meaning as in the Charities Act 2006;

“Revenue and Customs information” means information held as mentioned in section 18(1) of the Commissioners for Revenue and Customs Act 2005.

(4) Nothing in sections 10 and 10A above (or in those sections as applied by section 10B(1) to (4) above) authorises the making of a disclosure which—

(a) contravenes the Data Protection Act 1998, or

(b) is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000.”’.

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’.

Prepared: 13 July 2006