sc0830607.357-363

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.A.
357

House of Commons

Thursday 6th July 2006

Standing Committee Proceedings

Standing Committee A

Charities Bill [Lords]

[THIRD and FOURTH Sittings]

Mr Andrew Turner

Mr Peter Bone

Peter Bottomley

James Duddridge

Withdrawn  8

Clause  7,  page  6,  line  8,  at end insert ‘in particular by reducing the administrative

burden on charities.’.

Martin Horwood

Not selected  74

Clause  7,  page  6,  line  16,  at end insert ‘with particular regard to diverse

representation and inclusion of beneficiaries in the management and operations of

organisations.’.

Martin Horwood

Not called  66

Clause  7,  page  6,  line  35,  at end insert—

‘7.
Giving information or advice or making proposals to any member or members

of the public interested in registering a charity under subsection (3), including

advice not to register.’.

Martin Horwood

Not called  75

Clause  7,  page  6,  line  35,  at end insert—

‘(2A)
The Charity Commission’s first general function shall include a systematic

review of the public benefit test for existing charities.’.

Martin Horwood

Withdrawn  67

Clause  7,  page  7,  line  11,  at end insert—

‘1A.
So far as is reasonably practicable the Commission must, in performing its

functions, act in a way which maximises the benefit to the users and

beneficiaries of charities’ services and activities.’.

S.C.A.    Standing Committee Proceedings: 6th July 2006
358

Charities Bill–[ [], continued

Mr Andrew Turner

Mr Peter Bone

Peter Bottomley

James Duddridge

Not called  9

Clause  7,  page  7,  line  25,  at end insert ‘and act in a fair and reasonable manner,’.

Mr Andrew Turner

Mr Peter Bone

Peter Bottomley

James Duddridge

Not called  10

Clause  7,  page  7,  line  31,  at end insert—

‘(7)
So far as is reasonably practicable the Commission must, in performing its

functions, distinguish between—

(a)
its regulatory role,

(b)
its advisory role, and

(c)
its investigatory and remedial role.’.

Martin Horwood

Not called  76

Clause  7,  page  7,  line  31,  at end insert—

‘7.
The Commission must, in appropriate cases, have regard to the desirability of

providing extra support, advice, guidance and encouragement to new and

developing charities from a diverse range of communities.’.

Martin Horwood

Negatived on division  103

Clause  7,  page  7,  line  31,  at end insert—

‘7.
In performing its regulatory functions the Commission must act fairly and

reasonably, and with regard to the interests, of charity beneficiaries.’.

Mr Andrew Turner

Mr Peter Bone

Peter Bottomley

James Duddridge

Not selected  11

Clause  7,  page  7,  line  43,  at end add—

‘(4)
In its advisory role the Commission shall distinguish clearly between advice and

guidance—

(a)
to which a charity is obliged to have regard, and

(b)
which a charity is obliged to follow.’.

S.C.A.    Standing Committee Proceedings: 6th July 2006
359

Charities Bill–[ [], continued

Mr Andrew Turner

Mr Peter Bone

Peter Bottomley

James Duddridge

Withdrawn  12

Clause  7,  page  7,  line  43,  at end add—

‘(5)
The Commission has power to award compensation when a complaint is upheld

against its actions.”.’.

Clause Agreed to.

Martin Horwood

Withdrawn  85

Clause  8,  page  8,  line  16,  leave out second ‘of’ and insert ‘made or not made by’.

Martin Horwood

Not called  86

Clause  8,  page  8,  line  17,  at end insert—

‘(ab)
such appeals and applications as may be made in relation to any decision

or activity consequent to any decisions, orders or directions of the

Commission, and’.

Martin Horwood

Not called  69

Clause  8,  page  8,  line  20,  at end insert—

‘(c)
such appeals and applications as may be made to the Tribunal, in respect

of decisions, orders or direction not made by the Commission which

could reasonably have been made by the Commission.’.

Martin Horwood

Not called  87

Clause  8,  page  8,  line  20,  at end insert—

‘(d)
any appeal or application as may be made to the Tribunal relating to any

decision made by the Secretary of State under this Act.’.

Mr Andrew Turner

Mr Peter Bone

Peter Bottomley

James Duddridge

Not moved  13

Clause  8,  page  8,  line  30,  at end insert—

‘(c)
obliging the Tribunal to publish its decisions.’.

Mr Andrew Turner

Mr Peter Bone

Peter Bottomley

James Duddridge

Negatived on division  14

Clause  8,  page  9,  line  17,  at end insert ‘and compensation.’.

S.C.A.    Standing Committee Proceedings: 6th July 2006
360

Charities Bill–[ [], continued

Martin Horwood

Not called  78

Clause  8,  page  9,  line  22,  leave out subsection (5).

Mr Andrew Turner

Mr Peter Bone

Peter Bottomley

Negatived on division  15

Clause  8,  page  9,  line  28,  at end insert ‘and in doing so shall have regard to the need

for the charity to continue to meet its objectives.’.

Martin Horwood

Not called  83

Clause  8,  page  9,  line  33,  at end insert ‘or the decision, direction or order of the

Commission which is the subject of such proceedings.’.

Mr Andrew Turner

Mr Peter Bone

Peter Bottomley

James Duddridge

Not called  16

Clause  8,  page  9,  line  33,  at end insert—

‘(7A)
The Tribunal may award compensation to any party to proceedings before it.’.

Martin Horwood

Withdrawn  68

Clause  8,  page  9,  line  36,  leave out from ‘to’ to end of line 37 and insert—

‘a draft being laid before, and approved by a resolution of, each House of

Parliament.’.

Mr Andrew Turner

Mr Peter Bone

Peter Bottomley

James Duddridge

Withdrawn  17

Clause  8,  page  9,  line  40,  at end insert—

‘2BA
Suitors’ fund

(1)
The Tribunal shall administer a fund (“the suitors fund”) from which it will

contribute to the costs of those seeking to bring appeals and applications in

accordance with Schedule 1C of this Act or appeals in accordance with section

2C of this Act.

(2)
The fund shall be provided by the Commission.’.

Martin Horwood

Not called  80

Clause  8,  page  9,  line  40,  at end insert—

‘2BA
Suitors’ fund

(1)
The Tribunal shall administer a fund (a “suitors’ fund”) from which it will

contribute to the costs of those seeking to bring appeals and applications in

accordance with Schedule 1C to this Act or appeals in accordance with section

2C of this Act.

S.C.A.    Standing Committee Proceedings: 6th July 2006
361

Charities Bill–[ [], continued

(2)
The fund shall be maintained at a value of £100,000.

(3)
The fund shall be provided by the Commission.’.

Martin Horwood

Withdrawn  79

Clause  8,  page  10,  leave out lines 17 to 36.

Mr Andrew Turner

Mr Peter Bone

Peter Bottomley

James Duddridge

Not called  18

Clause  8,  page  10,  line  36,  at end insert—

‘2E
Investigation by Parliamentary Commissioner for Administration

Notwithstanding the provisions of this Part, the Parliamentary Commissioner for

Administration shall have power pursuant to section 5(1) of the Parliamentary

Commissioner Act 1967 (c. 13) (matters subject to investigation) and Schedule 2

to that Act (Departments etc subject to investigation) to investigate any action

taken by, or on behalf of, the Commission.”’.

Clause Agreed to.

Schedule 3 Agreed to.

Mr Andrew Turner

Mr Peter Bone

Peter Bottomley

James Duddridge

Negatived on division  19

Schedule  4,  page  91,  line  13,  leave out from ‘matter’ to end of line 29 and insert—


‘as set out in paragraph 3, an appeal may be brought to the Tribunal against any

decision, direction or order made or given by the Commission under this Act

(including any decision not to give a direction, make an order or otherwise act

under this Act).

      (2)
Such an appeal may be brought by—

(a)
the Attorney General;

(b)
any person from the following—

(i)
the persons who are or claim to be the charity trustees of the

institution or who otherwise have control or management of

the institution,

(ii)
(if a body corporate) the institution itself, and

(iii)
any other person who is or may be affected by the decision,

direction or order (as the case may be).

      (3)
In determining such an appeal the Tribunal—

(a)
shall consider afresh the decision, direction or order appealed against,

and

(b)
may taken into account evidence which was not available to the

Commission.

S.C.A.    Standing Committee Proceedings: 6th July 2006
362

Charities Bill–[ [], continued

      (4)
The Tribunal may—

(a)
dismiss the appeal; or

(b)
if it allows the appeal, exercise any of the following powers—

(i)
quash the decision, direction or order (as the case may be) in

whole or in part, and (if appropriate) remit the matter to the

Commission,

(ii)
substitute for all or part of the decision, direction or order (as

the case may be) such other decision, direction or order as

could have been made or given by the Commission,

(iii)
give such direction to the Commission as it shall consider

appropriate,

(iv)
substitute for all or part of any direction or order any other

direction or order which could have been made by the

Commission, and

(v)
add to the decision, direction, or order (as the case may be)

anything which could have been contained in the original

decision, direction or order.’.

Martin Horwood

Withdrawn  81

Schedule  4,  page  96,  line  45,  at end insert—

‘1
2
3

Appointment of a receiver
The persons are—
Power to—

and manager in respect of
(a) any person whose
(a) quash the order and (if

the property and affairs of
powers or duties as a trustee
appropriate) remit the

the charity under section
are performed or exercised
matter to the Commission,

18(1)(vii) and section 19 of
by the receiver or manager
(b) substitute for all or part

this Act.
under the order, and
of the order which could

(b) any other person who is
have been made by the

or may be affected by the
Commission,

order.
(c) direct the dismissal and

replacement of the receiver

or manager.’.

S.C.A.    Standing Committee Proceedings: 6th July 2006
363

Charities Bill–[ [], continued

Martin Horwood

Not called  82

Schedule  4,  page  96,  line  45,  at end insert—

‘1
2
3

The continued appointment
The persons are—
Power to—

of a receiver and manager in
(a) any person whose
(a) end the appointment,

respect of the property and
powers or duties as a trustee
(b) direct the ending of the

affairs of the charity under
are performed or exercised
appointment and remit the

section 18(1)(vii) and
by the receiver or manager
matter to the Commission,

section 19 of this Act.
under the appointment, and
(c) direct the dismissal and

(b) any other person who is
replacement of the receiver

or may be affected by the
or manager,

appointment.
(d) transfer the

responsibility for paying all

or part of the costs of the

receiver or manager to the

Commission,

(e) direct the compensation

of the charity by the

Commission for all or part

of the costs already incurred

by the receiver or manager.’.

Schedule 4 Agreed to.

[Adjourned till Tuesday next at 10.30 a.m.