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| | [Seventh AND Eighth Sittings]
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| | | Clauses 46 to 48 Agreed to. |
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| | Clause 49, page 56, line 16, at end insert ‘, and |
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| | | (c) | ensure that all collectors carry photographic identity badges in a form |
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| | | approved for this purpose by the local authority.’. |
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| | Clause 51, page 58, line 14, at end insert ‘although not in a form that might |
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| | reasonably discourage legitimate applications,’. |
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| | Clause 51, page 58, line 18, at end insert ‘, and |
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| | | (d) | must include provision to combine the processes for registration and |
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| | | application for a certificate.’. |
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| | Clause 52, page 58, line 37, at end insert— |
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| | | ‘(4A) | Conditions under subsection (4) must not be in a form that might reasonably |
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| | | discourage legitimate applications.’. |
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| | Clause 53, page 59, line 21, leave out paragraph (e). |
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| | | Negatived on division 148 |
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| | Clause 53, page 59, line 23, leave out from ‘inadequate,’ to end of line 24 and |
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| | insert ‘having regard to all circumstances.’. |
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| | Clause 53, page 59, line 35, leave out ‘or any person authorised by him’. |
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| | Clause 53, page 60, line 9, leave out sub-paragraph (i). |
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| | Page 61, line 20, leave out Clause 55. |
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| | Clause 57, page 63, line 31, leave out subsection (4). |
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| | | Clauses 58 and 59 Agreed to. |
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| | Clause 60, page 65, line 41, leave out paragraph (b). |
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| | Clause 60, page 65, leave out line 42 and insert ‘a day which, when taken with the day |
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| | on which that other collection is already so authorised, would result in collections being |
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| | undertaken in that locality more frequently than once every other day.’. |
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| | | Clauses 61 and 62 Agreed to. |
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| | Clause 63, page 68, line 19, after ‘make’, insert ‘reasonable’. |
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| | Clause 63, page 68, line 24, at end insert ‘excluding local collections;’. |
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| | Clause 63, page 69, line 5, leave out ‘or (3)’. |
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| | Clause 63, page 69, line 5, leave out ‘or (b)’. |
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| | Page 68, line 18, leave out Clause 63. |
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| | | Clauses 64 to 66 Agreed to. |
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| | Clause 67, page 71, line 14, at end insert— |
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| | | ‘(6) | After subsection (9) insert— |
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| | | | “The Charity Commission shall have power to initiate criminal proceedings in |
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| | | respect of offences under subsection (9).” ’. |
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| | Page 70, line 21, leave out Clause 67. |
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| | Clause 68, page 73, line 22, at end add— |
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| | | “60C | Fundraising by sale of products and services |
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| | | (1) | Save in the case of small outlets, where the sale of any goods or service is |
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| | | represented as benefiting a charity or charities, the vendor shall indicate either the |
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| | | proportion or the amount of the sale price which will be passed to the charity or |
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| | | charities for their unrestricted benefit. |
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| | | (2) | Indications under subsection (1) above may be made in diagramatic form, and |
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| | | shall be made in writing, the font-size of which shall be no smaller than the price |
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| | | (3) | For the purpose of this section, a “small outlet” is an organisation which is not |
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| | | obliged to register for Value Added Tax purposes.”.’. |
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| | Clause 69, page 73, line 25, leave out ‘Reserve’. |
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| | Clause 69, page 73, line 26, after ‘may’, insert ‘and, in the case of large charities, |
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| | Clause 69, page 73, line 28, at end insert— |
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| | | ‘(1A) | The Secretary of State may only make regulations under subsection (1) if he |
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| | | concludes that the requirements set down in subsection (4) are being widely |
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| | | (1B) | If the Secretary of State makes regulations under subsection (1) he must also |
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| | | publish a statement giving details of failures to comply with the requirements set |
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| | Clause 69, page 73, line 28, at end insert— |
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| | | ‘(1A) | “large charity” is a charity with an income of over £10 million per annum. |
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| | | (1B) | Regulations made under this section, other than in respect of large charities, may |
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| | | apply to all charities or to a class of charities defined in accordance with— |
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| | | (a) | their overall annual income, |
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| | | (b) | the extent to which they depend on public fundraising, or |
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| | | (c) | the proportion of their annual income spent on management and |
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| | | information, fundraising and publicity and shops and trading. |
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| | | (1C) | Regulations made under this section shall, in the case of large charities, include |
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| | | requirements that the trustees— |
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| | | (a) | distinguish in their accounts between the amounts spent on management |
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| | | and information, fundraising and publicity, shops and trading, and other |
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| | | (b) | consider whether the costs of a fundraising campaign are proportionate |
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| | | (c) | make available to donors in a simple form the information contained in |
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| | Clause 70, page 75, line 16, after ‘conditions’, insert ‘, which shall be |
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| | proportionate to the risk of loss or abuse of public money and the capacity of the |
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| | institution to comply therewith,’. |
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| | Clause 70, page 75, line 16, at end insert— |
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| | | ‘(3A) | Where financial assistance is given in return for the delivery of a service, the |
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| | | Secretary of State shall ensure that a reasonable opportunity is given to a range of |
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| | | institutions to offer to deliver to the service.’. |
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| | Clause 71, page 76, line 25, after ‘conditions’, insert ‘, which shall be |
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| | proportionate to the risk of loss or abuse of public money and the capacity of the |
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| | institution to comply therewith,’. |
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| | Clause 71, page 76, line 25, at end insert— |
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| | | ‘(3A) | Where financial assistance is given in return for the delivery of a service, the |
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| | | assembly shall ensure that a reasonable opportunity is given to a range of |
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| | | institutions to offer to deliver to the service.’. |
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| | Clause 72, page 77, line 20, at end insert— |
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| | | ‘(Z1) | The Secretary of State must, one year after the year in which this Act is passed |
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| | | and each year subsequently, make a statement to the House of Commons, which |
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| | | must address the following matters— |
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| | | (a) | the number of registered charities in England and Wales, and an |
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| | | indication of whether this number has risen or fallen since the previous |
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| | | (b) | the number of organisations which have failed to obtain or retain |
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| | | charitable status under sections 2 or 3 of this Act in that year, and why |
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| | | (c) | the total value of Gift Aid and other special tax provisions for registered |
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| | | (d) | the total net cost of Value Added Tax to registered charities in that year, |
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| | | (e) | the number and value of central government contracts placed with |
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| | | registered charities in that year.’. |
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| | Clause 73, page 78, line 16, at end insert— |
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| | | ‘(ba) | any regulations under section (Disclosure of information to and by |
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| | | Northern Ireland regulator),’. |
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| | Clause 73, page 78, line 21, after ‘(b),’ insert ‘(ba),’. |
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| | | Clause, as amended, Agreed to. |
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| | Schedule 8, page 133, line 17, at end insert— |
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| | | ‘Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31) |
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| | | 14A(1) | Section 5 of the Police, Factories, &c. (Miscellaneous Provisions) Act 1916 |
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| | | (regulation of street collections) is amended as follows. |
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| | | (2) | In subsection (1) for “the benefit of charitable or other purposes,” substitute |
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| | | “any purposes in circumstances not involving the making of a charitable |
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| | | (3) | In paragraph (b) of the proviso to subsection (1) omit the words from “, and no |
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| | | (4) | In subsection (4) before the definition of “street” insert— |
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| | | ““charitable appeal” has the same meaning as in Chapter 1 of Part 3 of |
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| | | the Charities Act 2006;”’. |
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| | Schedule 8, page 138, line 24, at end insert— |
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| | | ‘Sex Discrimination Act 1975 (c. 65) |
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| | | | In section 21A of the Sex Discrimination Act 1975 (public authorities) in |
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| | | paragraph 14 in the Table of Exceptions in subsection (9), for “Charity |
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| | | Commissioners for England and Wales” substitute “Charity Commission”.’. |
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| | Schedule 8, page 143, leave out lines 21 to 29. |
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| | Schedule 8, page 144, line 31, at end insert— |
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| | | ‘91A | In section 79 (short title, commencement and extent) omit— |
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| | | (a) | in subsection (6), the words “(subject to subsection (7))”, and |
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| | | 91B | In Schedule 7 (repeals) omit the entry relating to the Police, Factories, &c. |
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| | | (Miscellaneous Provisions) Act 1916 (c. 31).’. |
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