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| | [FIFTH AND SIXTH Sittings]
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| | Clause 9, page 11, line 39, leave out ‘(subject to subsection (11))’. |
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| | Clause 9, page 11, line 42, leave out paragraph (11). |
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| | Clause 9, page 12, line 3, at end insert— |
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| | | ‘(12) | Regulations made under section (11) may exempt only part of the copies from |
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| | Clause 9, page 12, line 8, after ‘charity’, insert ‘the gross income of which does not |
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| | Clause 9, page 12, line 20, leave out ‘£5,000’ and insert ‘£10,000’. |
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| | Clause 9, page 13, line 11, leave out ‘different’ and insert ‘higher’. |
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| | Clause 9, page 13, line 22, after ‘(7)’, insert ‘(a)’. |
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| | Clause 9, page 13, line 22, leave out from ‘unless’ to end of line 25 and insert ‘a |
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| | draft of the order has been laid before, and approved by a resolution of, each House of |
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| | Clause 9, page 13, leave out lines 33 to 36. |
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| | Clause 9, page 14, line 32, at end insert— |
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| | | ‘(6) | Subsections (1) to (5) of this section do not apply to exempt charities. |
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| | | (7) | An exempt charity which is required to be registered on the register of charities |
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| | | shall supply for inclusion the name of its principal regulator.’. |
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| | Page 14, line 33, leave out Clause 10. |
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| | Clause 11, page 15, line 8, leave out from ‘omit’ to end and insert ‘from “of” to end |
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| | of paragraph and insert “England and Wales”.’. |
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| | Clause 11, page 15, leave out lines 16 and 17. |
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| | Clause 11, page 15, line 17, at end insert— |
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| | | ‘(7B) | After paragraph (b) insert— |
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| | | “(c) | any church, religious congregation, institution, or group of institutions |
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| | | which Her Majesty declares by Order in Council to be an exempt charity |
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| | | for the purposes of this Act.”’. |
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| | Clause 11, page 15, line 21, leave out ‘National Lottery Charities Board’ and insert |
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| | Clause 11, page 15, line 31, at end insert— |
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| | | ‘(10A) | In paragraphs (c) and (x) no recommendation to make legislation is to be made to |
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| | | Her Majesty in Council unless a draft of the instrument has been laid before, and |
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| | | approved by resolution of, each House of Parliament.’. |
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| | Schedule 5, page 105, line 29, leave out paragraph 6. |
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| | Schedule 5, page 106, line 17, at end add— |
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| | | ‘Role of the principal regulator of exempt charities in increased regulation under 1993 |
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| | | 10. | All references in Schedule 5 of this Act to “the Commission” mean the |
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| | | “principal regulator”, as defined in section 13(4)(b).’. |
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| | Clause 13, page 16, line 27, at end insert— |
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| | | ‘(3A) | The body or Minister shall have the same powers and responsibilities as the |
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| | | Charity Commission under this Act in relation to the charities of which he is |
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| | Clause 13, page 16, line 32, leave out ‘made by the Secretary of State’. |
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| | Clause 13, page 16, line 32, at end insert— |
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| | | ‘(c) | in the absence of any principle regulator under paragraph (b), above, the |
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| | | regulator shall be the Privy Council.’. |
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| | Clause 13, page 16, line 33, leave out subsection (5). |
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| | Clause 15, page 17, line 21, at end insert ‘, and |
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| | | (c) | whether or not the work for which the gift was made has already been |
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| | | Clause Agreed to on division. |
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| | Clause 17, page 17, line 33, at end insert— |
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| | | ‘(1A) | This section does not apply where the condition in section 14B(4A) has been |
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| | Clause 17, page 17, leave out lines 36 to line 3 on page 18 and insert— |
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| | | ‘(b) | the donor has not made a relevant declaration at the time of making the |
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| | Clause 17, page 17, line 36, after ‘statement’, insert ‘— |
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| | Clause 17, page 18, line 3, at end insert ‘, and |
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| | | (ii) | how the donor should make such a declaration.’. |
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| | Clause 17, page 18, line 8, leave out ‘making of the gift’ and insert ‘charity |
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| | Clause 17, page 18, line 38, after third ‘is’, insert ‘not’. |
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| | Clause 17, page 18, line 45, at end insert— |
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| | | ‘(d) | “cy-pres” means to amend the terms of a charitable trust as near (Cy- |
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| | | pres) as possible to the original intention of the testator or settlor, where |
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| | | the original intended purpose is impossible, impracticable or illegal.’. |
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| | Clause 18, page 19, line 29, leave out ‘may’ and insert ‘must’. |
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| | Clause 18, page 19, line 32, at end insert— |
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| | | ‘(4A) | Where the property is valued at less than £5,000 and the charity has assets of over |
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| | | £100,000, the trustees may apply the property for purposes without reference to |
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| | | the Commission or the courts.’. |
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| | Clause 20, page 21, line 1, leave out ‘the Commission considers to be expedient in |
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| | the interests’ and insert ‘is necessary for the protection of the property’. |
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| | | Clauses 21 and 22 Agreed to. |
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| | Clause 23, page 24, leave out lines 14 to 17 and insert— |
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| | | ‘(a) | a Scottish recognised body, or |
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| | | (b) | a Northern Ireland charity,’. |
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| | Clause 23, page 24, leave out lines 32 to 35 and insert— |
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| | | ‘(a) | a Scottish recognised body, or |
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| | | (b) | a Northern Ireland charity,’. |
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| | Clause 23, page 24, line 44, at end insert— |
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| | | ‘(3A) | After section 25 insert— |
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| | | “25A | Meaning of “Scottish recognised body” and “Northern Ireland |
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| | | charity” in sections 24 and 25 |
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| | | (1) | In sections 24 and 25 above “Scottish recognised body” means a body— |
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| | | (a) | established under the law of Scotland, or |
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| | | (b) | managed or controlled wholly or mainly in or from Scotland, |
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| | | | to which the Commissioners for Her Majesty’s Revenue and Customs |
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| | | have given intimation, which has not subsequently been withdrawn, that |
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| | | relief is due under section 505 of the Income and Corporation Taxes Act |
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| | | 1988 in respect of income of the body which is applicable and applied to |
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| | | charitable purposes only. |
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| | | (2) | In those sections “Northern Ireland charity” means an institution which |
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| | | is a charity under the law of Northern Ireland.”’. |
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| | Clause 23, page 25, line 2, leave out ‘and 25’ and insert ‘to 25A’. |
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| | | Clause, as amended, Agreed to. |
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| | | Clauses 24 to 26 Agreed to. |
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| | Clause 27, page 29, line 17, after ‘(2)’, insert ‘above’. |
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| | | Clause, as amended, Agreed to. |
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| | Clause 28, page 29, line 41, leave out ‘£10,000’ and insert ‘£20,000’. |
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| | | Clauses 29 to 30 Agreed to. |
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| | Schedule 6, page 110, line 19, leave out ‘company’ and insert ‘charity’. |
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| | | Schedule, as amended, Agreed to. |
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| | | Clauses 31 to 34 Agreed to. |
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| | Schedule 7, page 114, line 32, at end insert ‘, with either— |
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| | | (a) | charity trustees only, or |
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| | | (b) | charity trustees and one or more members.’. |
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| | Schedule 7, page 115, line 1, leave out ‘shall have one or more’ and insert ‘need not |
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