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| Schedule 7, page 115, line 2, after ‘members’ insert ‘(if there is a membership)’. |
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| Schedule 7, page 115, line 5, at end insert— |
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| | ‘(7) | No person under the age of 18 years shall be appointed as a charity trustee of |
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| Schedule 7, page 115, line 10, at end insert— |
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| | ‘(ca) | that its assets cannot be distributed to its members in their capacity as |
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| Schedule 7, page 115, line 11, after ‘members’ insert ‘(if there is a membership)’. |
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| Schedule 7, page 115, line 14, after ‘membership’ insert ‘(if there is a |
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| Schedule 7, page 115, line 18, at end insert— |
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| | ‘(ba) | containing restrictions on the material benefits that the charity trustees |
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| | of the CIO can derive from the CIO, and’. |
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| Schedule 7, page 115, line 35, at end insert— |
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| | ‘(7) | In subsection (2)(ba), “material benefits” means benefits which may or may |
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| | not be financial, but which have a monetary value.’. |
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| Schedule 7, page 116, leave out inserted section 69D. |
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| Schedule 7, page 116, line 18, at end insert— |
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| | ‘(7) | No CIO shall describe itself as a charity or its Welsh equivalent.’. |
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| Schedule 7, page 117, line 32, at end insert ‘and |
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| | (d) | which shall be an organisation having limited liability and which shall |
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| | not be subject to the provisions of the Companies Act 1985.’. |
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| Schedule 7, page 117, line 33, at beginning insert ‘Subject to subsection (3B) |
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| Schedule 7, page 117, line 36, at end insert— |
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| | ‘(3A) | Any liability of the applicant entered into in pursuance of the charitable purpose |
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| | of the CIO shall by virtue of this subsection become a liability of the CIO. |
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| | (3B) | Any liability of a charity which becomes a CIO shall by virtue of this subsection |
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| | become a liability of the CIO.’. |
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| Schedule 7, page 117, line 36, at end insert ‘, subject to any liabilities previously |
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| incurred in relation to that property. |
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| | (a) | the applicants in subsection (3) are the charity trustees of an |
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| | unincorporated charity whose purpose are substantially the same as |
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| | those of the proposed CIO; and |
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| | (b) | the unincorporated charity has passed a valid resolution to become a |
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| | | registration of the CIO has the effect of converting the unincorporated charity into a |
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| | (3B) | Where an unincorporated charity converting under subsections (3) and (3A) |
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| | holds permanent endowment, registration of the CIO has the effect of |
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| | appointing the CIO as corporate trustee of the permanent endowment.’. |
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| Schedule 7, page 120, line 35, at end insert— |
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| | ‘(6A) | Any asset or liability of the converting company or registered society shall by |
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| | virtue of subsection (4) transfer to the CIO.’. |
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| Schedule 7, page 123, line 39, at end insert ‘or at the expiration of six months from |
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| receipt by the Charity Commission of the resolution.’. |
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| Schedule 7, page 129, line 14, after ‘members’ insert ‘(if there is a membership and |
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| of the charity trustees if there is no membership)’. |
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| Schedule 7, page 129, line 22, after ‘meeting’ insert ‘or, as applicable, charity |
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| Schedule 7, page 129, line 25, after ‘members’ insert ‘or, as applicable, charity |
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| Schedule 7, page 129, line 26, after ‘meeting’ insert ‘or, as applicable, charity |
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| Schedule 7, page 129, line 28, leave out ‘general’. |
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| Schedule 7, page 129, line 29, leave out ‘general’. |
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| Clause 36, page 34, line 24, after ‘out’, insert ‘in advance’. |
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| Clause 36, page 35, line 10, leave out ‘or under a contract of employment,’. |
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| Clause 36, page 35, line 46, at end insert— |
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| | ‘(ba) | a person having a relationship with a trustee akin to that of a spouse or |
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| | civil partner with a trustee or any person falling within paragraph (a);’. |
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| Clause 36, page 36, line 2, after ‘(b), insert ‘or (bb)’. |
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| Clause 36, page 36, line 5, leave out ‘, (b) or’ and insert ‘to’. |
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| Clause 37, page 37, line 11, leave out ‘(5) to (7)’ and insert ‘(4) to (6)’. |
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| | Clause, as amended, Agreed to. |
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| Clause 38, page 37, line 25, at end insert— |
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| | ‘(d) | a trustee or auditor of a charitable incorporated organisation.’. |
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| Clause 38, page 38, line 10, at end insert— |
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| | ‘(7) | Any prosecution of a trustee of an unincorporated charitable trust under section 3 |
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| | of the Health and Safety at Work etc Act 1974 (c.37) shall require the consent of |
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| | a law officer and the Charity Commission and must satisfy the public benefit test. |
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| | (8) | A law officer has the power to stop the prosecution, under this Act or the Health |
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| | and Safety at Work etc Act 1974, of a trustee of an unincorporated charitable trust |
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| | if it is in the public interest to do so.’. |
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| Clause 38, page 38, line 21, at end insert— |
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| | The court shall have parallel jurisdiction with the Commission under section 73D |
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| | in respect of the relief of charity trustees of Charitable Incorporated |
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| Clause 40, page 40, line 19, leave out ‘(or any of the purposes)’. |
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| Clause 41, page 44, line 36, at end insert— |
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| | ‘(8A) | Where the rules of the charity provide that its members have the power to vote on |
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| | amendments to its purposes— |
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| | (a) | a period of notice of 28 days, or the period set out in the rules of the |
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| | charity, whichever is greater, shall be given to all members of such a |
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| | (b) | this section shall be construed as if “members” were substituted for |
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| | “charity trustees” in subsections (1) to (8).’. |
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| Clause 42, page 45, line 14, at end insert ‘or, |
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| | ‘(c) | relating to the execution of the trusts,’. |
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| Clause 42, page 45, line 20, after ‘body’, insert ‘, of which a period of notice of 28 |
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| days or the period set out in the rules of the charity whichever is greater has been given,’. |
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| Clause 42, page 45, line 23, leave out ‘and without any expression of dissent’ and |
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| insert ‘but where consensus has been reached’. |
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| Clause 42, page 45, line 24, at end insert ‘or |
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| | (c) | in accordance with the procedures of the charity, whichever is more |
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| Clause 42, page 45, line 35, at end insert ‘provided that the date specified in the |
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| resolution under subsection (2) cannot be earlier than the date of that resolution.’. |
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| Clause 43, page 46, leave out lines 34 to 36. |
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| Clause 43, page 47, line 9, leave out ‘£10,000’ and insert ‘£5,000’. |
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| Clause 44, page 50, line 22, at end insert— |
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| | ‘(c) | the incorporation of an unincorporated charity shall be treated as a |
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| | merger under the provisions of sections 75A to F.’. |
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| Clause 45, page 53, line 20, at end insert—
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| ‘it does not include a charitable appeal which is made on private property;’. |
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| Clause 45, page 53, line 21, leave out ‘to give money or other property’ and insert |
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| | (i) | an appeal to them to give money or other property, or |
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| | (ii) | an appeal falling within subsection (4), |
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| Clause 45, page 53, line 35, leave out subsections (4) and (5) and insert— |
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| | ‘(4) | An appeal falls within this subsection if it consists in or includes— |
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| | (a) | the making of an offer to sell goods or to supply services, or |
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| | (b) | the exposing of goods for sale, |
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| | | to members of the public.’. |
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| Clause 45, page 54, line 22, at end add— |
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| | ‘(8) | Nothing in this or any other legislation shall permit a condition to be attached to |
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| | the permission for a public collection which prevents the collectors from shaking |
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| | (a) | between the hours of 8am and 6pm; or |
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| | (b) | at other times unless it can be demonstrated that the shaking of tins is |
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| | likely to cause a public nuisance.’. |
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