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| Schedule 8, page 144, line 33, at end insert— |
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| | ‘92A | In the heading for Part 1, for “CHARITY COMMISSIONERS” substitute |
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| Schedule 8, page 145, line 32, leave out ‘COMMISSION’S’. |
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| Schedule 8, page 146, line 32, leave out paragraph 99 and insert— |
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| | ‘99 | For section 10 substitute— |
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| | “10 | Disclosure of information to Commission |
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| | (1) | Any relevant public authority may disclose information to the |
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| | Commission if the disclosure is made for the purpose of enabling or |
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| | assisting the Commission to discharge any of its functions. |
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| | (2) | But Revenue and Customs information may be disclosed under |
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| | subsection (1) only if it relates to an institution, undertaking or body |
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| | falling within one (or more) of the following paragraphs— |
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| | (b) | an institution which is established for charitable, benevolent |
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| | or philanthropic purposes; |
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| | (c) | an institution by or in respect of which a claim for exemption |
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| | has at any time been made under section 505(1) of the Income |
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| | and Corporation Taxes Act 1988; |
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| | (d) | a subsidiary undertaking of a charity; |
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| | (e) | a body entered in the Scottish Charity Register which is |
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| | managed or controlled wholly or mainly in or from England |
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| | (3) | In subsection (2)(d) above “subsidiary undertaking of a charity” |
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| | means an undertaking (as defined by section 259(1) of the Companies |
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| | Act 1985) in relation to which— |
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| | (a) | a charity is (or is to be treated as) a parent undertaking in |
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| | accordance with the provisions of section 258 of, and |
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| | Schedule 10A to, the Companies Act 1985, or |
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| | (b) | two or more charities would, if they were a single charity, be |
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| | (or be treated as) a parent undertaking in accordance with |
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| | (4) | For the purposes of the references to a parent undertaking— |
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| | (a) | in subsection (3) above, and |
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| | (b) | in section 258 of, and Schedule 10A to, the Companies Act |
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| | 1985 as they apply for the purposes of that subsection, |
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| | | “undertaking” includes a charity which is not an undertaking as |
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| | defined by section 259(1) of that Act. |
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| | 10A | Disclosure of information by Commission |
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| | (1) | Subject to subsections (2) and (3) below, the Commission may |
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| | disclose to any relevant public authority any information received by |
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| | the Commission in connection with any of the Commission’s |
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| | (a) | if the disclosure is made for the purpose of enabling or |
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| | assisting the relevant public authority to discharge any of its |
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| | (b) | if the information so disclosed is otherwise relevant to the |
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| | discharge of any of the functions of the relevant public |
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| | (2) | In the case of information disclosed to the Commission under section |
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| | 10(1) above, the Commission’s power to disclose the information |
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| | under subsection (1) above is exercisable subject to any express |
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| | restriction subject to which the information was disclosed to the |
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| | (3) | Subsection (2) above does not apply in relation to Revenue and |
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| | Customs information disclosed to the Commission under section 10(1) |
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| | above; but any such information may not be further disclosed (whether |
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| | under subsection (1) above or otherwise) except with the consent of |
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| | the Commissioners for Her Majesty’s Revenue and Customs. |
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| | (4) | Any responsible person who discloses information in contravention of |
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| | subsection (3) above is guilty of an offence and liable— |
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| | (a) | on summary conviction, to imprisonment for a term not |
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| | exceeding 12 months or to a fine not exceeding the statutory |
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| | (b) | on conviction on indictment, to imprisonment for a term not |
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| | exceeding two years or to a fine, or both. |
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| | (5) | It is a defence for a responsible person charged with an offence under |
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| | subsection (4) above of disclosing information to prove that he |
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| | (a) | that the disclosure was lawful, or |
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| | (b) | that the information had already and lawfully been made |
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| | (6) | In the application of this section to Scotland or Northern Ireland, the |
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| | reference to 12 months in subsection (4) is to be read as a reference to |
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| | (7) | In this section “responsible person” means a person who is or was— |
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| | (a) | a member of the Commission, |
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| | (b) | a member of the staff of the Commission, |
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| | (c) | a person acting on behalf of the Commission or a member of |
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| | the staff of the Commission, or |
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| | (d) | a member of a committee established by the Commission. |
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| | 10B | Disclosure to and by principal regulators of exempt charities |
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| | (1) | Sections 10 and 10A above apply with the modifications in |
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| | subsections (2) to (4) below in relation to the disclosure of information |
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| | to or by the principal regulator of an exempt charity. |
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| | (2) | References in those sections to the Commission or to any of its |
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| | functions are to be read as references to the principal regulator of an |
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| | exempt charity or to any of the functions of that body or person as |
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| | principal regulator in relation to the charity. |
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| | (3) | Section 10 above has effect as if for subsections (2) and (3) there were |
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| | “(2) | But Revenue and Customs information may be disclosed |
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| | under subsection (1) only if it relates to— |
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| | (a) | the exempt charity in relation to which the principal |
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| | regulator has functions as such, or |
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| | (b) | a subsidiary undertaking of the exempt charity. |
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| | (3) | In subsection (2)(b) above “subsidiary undertaking of the |
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| | exempt charity” means an undertaking (as defined by section |
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| | 259(1) of the Companies Act 1985) in relation to which— |
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| | (a) | the exempt charity is (or is to be treated as) a parent |
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| | undertaking in accordance with the provisions of section |
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| | 258 of, and Schedule 10A to, the Companies Act 1985, |
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| | (b) | the exempt charity and one or more other charities |
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| | would, if they were a single charity, be (or be treated as) |
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| | a parent undertaking in accordance with those |
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| | (4) | Section 10A above has effect as if for the definition of “responsible |
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| | person” in subsection (7) there were substituted a definition specified |
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| | by regulations under section 13(4)(b) of the Charities Act 2006 |
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| | (regulations prescribing principal regulators). |
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| | (5) | Regulations under that section may also make such amendments or |
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| | other modifications of any enactment as the Secretary of State |
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| | considers appropriate for securing that any disclosure provisions that |
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| | would otherwise apply in relation to the principal regulator of an |
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| | exempt charity do not apply in relation to that body or person in its or |
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| | his capacity as principal regulator. |
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| | (6) | In subsection (5) above “disclosure provisions” means provisions |
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| | having effect for authorising, or otherwise in connection with, the |
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| | disclosure of information by or to the principal regulator concerned. |
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| | 10C | Disclosure of information: supplementary |
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| | (1) | In sections 10 and 10A above “relevant public authority” means— |
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| | (a) | any government department (including a Northern Ireland |
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| | (d) | any other body or person discharging functions of a public |
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| | nature (including a body or person discharging regulatory |
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| | functions in relation to any description of activities). |
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| | (2) | In section 10A above “relevant public authority” also includes any |
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| | body or person within subsection (1)(d) above in a country or territory |
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| | outside the United Kingdom. |
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| | (3) | In sections 10 to 10B above and this section— |
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| | “enactment” has the same meaning as in the Charities Act 2006; |
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| | “Revenue and Customs information” means information held as |
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| | mentioned in section 18(1) of the Commissioners for Revenue and |
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| | (4) | Nothing in sections 10 and 10A above (or in those sections as applied |
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| | by section 10B(1) to (4) above) authorises the making of a disclosure |
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| | (a) | contravenes the Data Protection Act 1998, or |
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| | (b) | is prohibited by Part 1 of the Regulation of Investigatory |
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| Schedule 8, page 148, line 41, after ‘was”,’, insert— |
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| | ‘(ba) | for “they act” substitute “it acts”,’. |
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| Schedule 8, page 149, line 14, after ‘manager’, insert ‘(who will otherwise be |
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| known as an interim trustee as appropriate)’. |
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| Schedule 8, page 149, line 14, after ‘manager’, insert ‘or interim trustee as |
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| Schedule 8, page 149, line 16, at end insert— |
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| | ‘(za) | for “they have” substitute “it has”,’. |
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| Schedule 8, page 150, line 6, after ‘manager’, insert ‘or interim trustee as |
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| Schedule 8, page 150, line 11, after second ‘manager’, insert ‘or interim trustee as |
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| Schedule 8, page 150, line 13, after ‘manager’, insert ‘or interim trustee as |
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| Schedule 8, page 150, line 15, after second ‘manager’, insert ‘or interim trustee as |
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| Schedule 8, page 150, line 19, after second ‘manager’, insert ‘or interim trustee as |
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| Schedule 8, page 155, line 6, after ‘charity’, insert ‘but so that the requirements of |
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| such regulations shall be the minimum commensurate with the need to ensure that the |
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| statement of accounts provides a true and fair view of the charity’s financial position’. |
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| Schedule 8, page 155, line 7, after ‘made,’, insert ‘or— |
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| | (c) | for more than one type of statement to be prepared to reflect the differing |
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| | natures and sizes of different charities,’. |
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| Schedule 8, page 156, leave out lines 39 and 40 and insert— |
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| | ‘(c) | for “the Commissioners so request, be transmitted to them” substitute |
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| | “the Commission so requests, be transmitted to it”, and’. |
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| Schedule 8, page 158, line 9, at end insert ‘, and |
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| | (c) | for “they may” substitute “it may”.’. |
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| Schedule 8, page 164, line 41, at end insert— |
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| | (a) | in the definition of “exempt charity” in subsection (1), the words |
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| | “(subject to section 24(8) above)”, and |
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| Schedule 8, page 165, line 7, at end insert— |
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| | ‘(ba) | in the definition of “institution”, after ““institution” insert “means an |
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| | institution whether incorporated or not, and”.’. |
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| Schedule 8, page 165, line 15, at end insert— |
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| | ‘169A | In section 100(3) (extent) for “Section 10” substitute “Sections 10 to 10C”.’. |
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| Schedule 8, page 169, line 32, at end insert— |
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| | ‘Constitutional Reform Act 2005 (c. 4) |
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| | | In Part 3 of Schedule 14 to the Constitutional Reform Act 2005 (the Judicial |
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| | Appointments Commission: relevant offices etc.) after the entries relating to |
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| | section 6(5) of the Tribunals and Inquiries Act 1992 insert— |
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| “President of the Charity |
| Paragraph 1(2) of Schedule 1B |
| | | | | to the Charities Act 1993 |
| | | | | | | | | Legal member of the Charity |
| | | | | | | | | | Ordinary member of the Charity |
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| Schedule 8, page 169, line 32, at end insert— |
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| | ‘Charities and Trustee Investment (Scotland) Act 2005 (asp 10) |
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| | | The Charities and Trustee Investment (Scotland) Act 2005 has effect subject |
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| | to the following amendments. |
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| | | In section 36(1) (powers of OSCR in relation to English and Welsh |
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| | (a) | for “Charity Commissioners for England and Wales inform” substitute |
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| | “Charity Commission for England and Wales informs”, |
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| | (b) | for “under section 3” substitute “in accordance with section 3A”, and |
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| | (c) | for “section 3(5) of that Act,” substitute “subsection (2) of that |
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| | | In section 69(2)(d)(i) (persons disqualified from being charity trustees)— |
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| | (a) | at the beginning insert “by the Charity Commission for England and |
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| | Wales under section 18(2)(i) of the Charities Act 1993 or”, and |
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| | (b) | for “under section 18(2)(i) of the Charities Act 1993 (c. 10),” |
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| | substitute “, whether under section 18(2)(i) of that Act or under”.’. |
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| Schedule 8, page 169, line 32, at end insert— |
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| | ‘Equality Act 2006 (c. 3) |
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| | (1) | The Equality Act 2006 has effect subject to the following amendments. |
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| | (2) | In section 58(2) (charities relating to religion or belief)— |
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| | (a) | for “Charity Commissioners for England and Wales” substitute |
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| | “Charity Commission”, and |
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| | (b) | for “the Commissioners” substitute “the Commission”. |
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| | (3) | In section 79(1)(a) (interpretation) after “given by” insert “section 1(1) of”.’. |
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| | Schedule, as amended, Agreed to. |
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| Schedule 9, page 170, line 5, at beginning insert— |
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| | In section 5(1), in paragraph (b) of |
| | | | (Miscellaneous Provisions) Act |
| the proviso, the words from “, and |
| | | | | no representation” onwards.’. |
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| Schedule 9, page 170, line 18, column 2, at end insert— |
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| | ‘In section 79, in subsection (6) |
| | | | | the words “(subject to subsection |
| | | | | (7))”, and subsection (7).’. |
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| Schedule 9, page 170, line 20, column 2, at end insert— |
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| | ‘In Schedule 7, the entry relating |
| | | | | to the Police, Factories, &c. |
| | | | | (Miscellaneous Provisions) Act |
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| Schedule 9, page 170, leave out line 29. |
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| | Schedule, as amended, Agreed to. |
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| Schedule 10, page 174, line 4, at end insert— |
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| | ‘Section (Disclosure of information to and by Northern Ireland regulator): Disclosure of |
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| | information to and by Northern Ireland regulator |
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| | 15A | In relation to an offence committed in England and Wales before the |
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| | commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44) |
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| | (general limit on magistrates’ courts power to impose imprisonment), the |
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| | reference to 12 months in section (Disclosure of information to and by |
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| | Northern Ireland regulator)(6) is to be read as a reference to 6 months.’. |
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