| Charities Bill [Lords] - continued | House of Commons |
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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 196 Schedule 8, page 165, line 15, at end insert— ‘169A In section 100(3) (extent) for “Section 10” substitute “Sections 10 to 10C”.’. 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 197 Schedule 9, page 170, leave out line 29. Edward Miliband 198 Schedule 10, page 174, line 4, at end insert— ‘Section (Disclosure of information to and by Northern Ireland regulator): Disclosure of information to and by Northern Ireland regulator 15A In relation to an offence committed in England and
Wales before the commencement of section 154(1) of the Edward Miliband 199 Schedule 10, page 174, line 20, at end insert— ‘18A In relation to an offence committed in England
and Wales before the commencement of section 154(1) of the Edward Miliband 193 Clause 77, page 80, line 17, at end insert ‘and (f) paragraph 99 of Schedule 8 so far as it confers power to make regulations, and section 74(1) so far as relating to that paragraph.’. 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.’. Power to institute inquiries Mr Andrew Turner
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
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
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
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
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.”’. Appointment and payment of the Receiver and Manager Martin Horwood NC9 To move the following Clause:— ‘(1) In section 19(1) of the Charities Act 1993, at end insert “subject to a public tender exercise conducted in line with best practice from the Office of Government Commerce.” (2) In section 19(6)(b) of the Chairities Act 1993 (c. 10), after “the income of the charities concerned”, insert “subject to a public tender exercise and up to a sum agreed in such an exercise, any additional costs to be met by the Commission.”’. Property in trusts from residuary legacies Martin Horwood NC10 To move the following Clause:— ‘(1) After section 36(5) of the Charities Act 1993 (c.10) insert— “(5A) References to a “charity trustee” in this section mean a trustee of the relevant charity or any proper officer with delegated authority from trustees.” (2) After section 36(9) of the 1993 Act insert— “(9A) Requirements in subsection (3), above, do not apply to any property under the value of £500,000 or a sum afterwards determined by an order, a draft of which has been laid before, and approved by a resolution of, each House of Parliament.”’. Small charities: remittance of fees Mr Andrew Turner NC11 To move the following Clause:— ‘(1) Where any fee or charge is payable to a local authority under any enactment, the local authority may draw up and operate a scheme of fee remittances for any class of small charities. (2) “Small charity” in this section means any charity with a turnover of less than £100,000 per year.’. Powers of assistance and supervision of charities Mr Andrew Turner NC12 To move the following Clause:— ‘In undertaking any action under sections 19, 20, 21 or 26, the Commission shall have regard to— (a) the need to ensure that the burden on staff or volunteers of the charity is proportionate to the objectives of the action taken or proposed; (b) the need to ensure that its costs are proportionate to the objectives of the action taken or proposed; and (c) the extent to which the charity depends on regular donations from members of the public.’. Exercise of information powers Mr Andrew Turner NC13 To move the following Clause:— ‘Before section 8 of the 1993 Act insert— “Z8 Exercise of information powers In undertaking any action under sections 19, 20 or 26, the Commission shall have regard to— (a) the need to ensure that the burden on staff or volunteers of the charity is proportionate to the objectives of the action taken or proposed; (b) the need to ensure that its costs are proportionate to the objectives of the action taken or proposed; and (c) the extent to which the charity depends on regular donations from members of the public.”.’. Disclosure of information to and by Northern Ireland regulator Edward Miliband NC14 To move the following Clause:— ‘(1) This section applies if a body (referred to in this section as “the Northern Ireland regulator”) is established to exercise functions in Northern Ireland which are similar in nature to the functions exercised in England and Wales by the Charity Commission. (2) The Secretary of State may by regulations authorise relevant public authorities to disclose information to the Northern Ireland regulator for the purpose of enabling or assisting the Northern Ireland regulator to discharge any of its functions. (3) If the regulations authorise the disclosure of Revenue and Customs information, they must contain provision in relation to that disclosure which corresponds to the provision made in relation to the disclosure of such information by section 10(2) to (4) of the 1993 Act (as substituted by paragraph 99 of Schedule 8 to this Act). (4) In the case of information disclosed to the Northern Ireland regulator pursuant to regulations made under this section, any power of the Northern Ireland regulator to disclose the information is exercisable subject to any express restriction subject to which the information was disclosed to the Northern Ireland regulator. (5) Subsection (4) does not apply in relation to Revenue and Customs information disclosed to the Northern Ireland regulator pursuant to regulations made under this section; but any such information may not be further disclosed except with the consent of the Commissioners for Her Majesty’s Revenue and Customs. (6) Any person specified, or of a description specified, in regulations made under this section who discloses information in contravention of subsection (5) 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. (7) It is a defence for a person charged with an offence under subsection (5) 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. (8) In the application of this section to Scotland or Northern Ireland, the reference to 12 months in subsection (6) is to be read as a reference to 6 months. (9) In this section— “relevant public authority” means— (a) any government department (other than a Northern Ireland department), (b) any local authority in England, Wales or Scotland, (c) any person who is a constable in England and Wales or Scotland, (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), except a body or person whose functions are exercisable only or mainly in or as regards Northern Ireland and relate only or mainly to transferred matters; “Revenue and Customs information” means information
held as mentioned in section 18(1) of the “transferred matter” has the same meaning as
in the |
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