|
|
| |
| |
|
| |
| | |
| Schedule 10, page 174, line 20, at end insert— |
|
| | ‘18A | In relation to an offence committed in England and Wales before the |
|
| | commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44) |
|
| | (general limit on magistrates’ courts power to impose imprisonment), the |
|
| | reference to 12 months in section 10A(4) of the 1993 Act (as inserted by |
|
| | paragraph 99 of Schedule 8 to this Act) is to be read as a reference to 6 |
|
| | |
| | Schedule, as amended, Agreed to. |
|
| | Clauses 75 and 76 Agreed to. |
|
| |
| |
| | |
| Clause 77, page 80, line 17, at end insert ‘and |
|
| | (f) | paragraph 99 of Schedule 8 so far as it confers power to make |
|
| | regulations, and section 74(1) so far as relating to that paragraph.’. |
|
| | Clause, as amended, Agreed to. |
|
| |
| |
| | |
| Clause 78, page 80, line 34, after ‘to’ insert— |
|
| | |
| |
| | |
| Clause 78, page 80, line 35, after ‘(c. 6),’ insert ‘or |
|
| | (b) | those made by Schedule 8 in the Police, Factories, &c. (Miscellaneous |
|
| | Provisions) Act 1916 (c. 31), or |
|
| | (c) | the repeal made in that Act by Schedule 9,’. |
|
| |
| | |
| Clause 78, page 80, line 39, leave out subsection (8). |
|
| | Clause, as amended, Agreed to. |
|
| |
|
|
| |
| |
|
| |
| | |
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | A charity trustee must, in exercising functions in that capacity, act in the interests |
|
| | of the charity and must, in particular— |
|
| | (a) | seek, in good faith, to ensure that the charity acts in a manner which is |
|
| | consistent with its purposes; |
|
| | (b) | act with the care and diligence that it is reasonable to expect of a person |
|
| | who is managing the affairs of another person; and |
|
| | (c) | in circumstances capable of giving rise to a conflict of interest between |
|
| | the charity and any person responsible for the appointment or |
|
| | remuneration of the charity trustee— |
|
| | (i) | put the interests of the charity before those of the other person, or |
|
| | (ii) | where any other duty prevents the charity trustee from doing so, |
|
| | disclose the conflicting interest to the charity and refrain from |
|
| | participating in any deliberation or decision of the other charity |
|
| | trustees with respect to the matter in question. |
|
| | (2) | The charity trustees of a charity must ensure that the charity complies with any |
|
| | direction, requirement, notice or duty imposed on it by virtue of this Act. |
|
| | (3) | Subsections (1) and (2) are without prejudice to any other duty imposed by |
|
| | enactment or otherwise on a charity trustee in relation to the exercise of functions |
|
| | |
| | (4) | Any breach of the duties under subsections (1) or (2) is to be treated as being |
|
| | misconduct in the administration of the charity. |
|
| | (5) | All charity trustees must take such steps as are reasonably practicable for the |
|
| | |
| | (a) | that any breach of a duty under subsections (1) or (2) is corrected by the |
|
| | trustee concerned and not repeated; and |
|
| | (b) | that any trustee who has been in serious or persistent breach of either or |
|
| | both of those duties is removed as a trustee. |
|
| | (6) | For the purposes of this section “charity trustee” includes an individual |
|
| | representative of a corporate trustee.’. |
|
| |
| | Power to institute inquiries |
|
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
|
|
| |
| |
|
| | ‘(1) | Section 8 of the 1993 Act is amended as follows— |
|
| | (2) | At the beginning of subsection (1), insert “Subject to subsection (1A) below”. |
|
| | (3) | After subsection (1), insert— |
|
| | “(1A) | The Commissioners may only institute such an inquiry on reasonable |
|
| | grounds and such grounds must be communicated in writing by the |
|
| | Commission within 7 days of the opening of such an inquiry to— |
|
| | (a) | the persons who are, or claim to be, the charity trustees of every |
|
| | institution which is the subject of such an inquiry; and |
|
| | (b) | (if a body corporate) each institution which is the subject of such |
|
| | |
| | (4) | After subsection (6), insert— |
|
| | “(6A) | In the case of either form of publication determined by the |
|
| | Commissioners under subsection (6) above, the Commissioners shall |
|
| | allow the persons who are, or claim to be, the charity trustees of every |
|
| | institution which is the subject of such an inquiry to add their own |
|
| | comments to such report or statement provided such comments are not |
|
| | manifestly unreasonable and are provided within such reasonable period |
|
| | as the Commissioners may determine.”’. |
|
| |
| | Reasons for appointing an interim manager of a charity |
|
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘In section 19 of the 1993 Act, after subsection (1), insert— |
|
| | “(1A) | Within seven days of an appointment under subsection (1), the |
|
| | Commission must communicate in writing to— |
|
| | (a) | the persons who are or claim to be the charity trustees of the |
|
| | institution concerned; and |
|
| | (b) | (if a body corporate) the institution which is the subject of such |
|
| | |
| | | the reasons why they consider such an appointment necessary and |
|
| | |
| |
|
|
| |
| |
|
| | Remuneration of an interim manager of a charity |
|
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘In section 19 of the 1993 Act— |
|
| | (a) | in subsection (5) leave out “the charity concerned” and insert “the |
|
| | |
| | (b) | in subsection (6) leave out “out of the income from the charities |
|
| | concerned” and insert “by the commission”.’. |
|
| |
| | Amendment of section 19 of the 1993 Act |
|
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘Section 19 of the 1993 Act in subsection (3) is amended by inserting after “as |
|
| | they think fit”, the words “, who may, where appropriate to the size of the charity |
|
| | and expertise required by the charity, act in a voluntary capacity.”’. |
|
| |
| | Disqualification for acting as a charity trustee |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘In section 72 of the 1993 Act (Persons disqualified for being trustees of a |
|
| | charity), at beginning insert— |
|
| | “(A1) | A person may not be disqualified from being a charity trustee on the |
|
| | grounds of a learning disability.”’. |
|
| |
|
|
| |
| |
|
| | Loss of charitable status |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘Where charitable status is withdrawn from any organisation or institution the |
|
| | assets of that charity must be deployed or protected for the charitable purpose for |
|
| | which they were originally constituted with regard to— |
|
| | (a) | the continuity of that purpose; |
|
| | (b) | the need to maintain public confidence in that purpose; and |
|
| | (c) | the interests of beneficiaries.’. |
|
| |
| | The Charity Independent Complaints Reviewer |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘After section 2D of the 1993 Act (inserted by section 8 of this Act) insert— |
|
| | |
| | THE CHARITY INDEPENDENT COMPLAINTS REVIEWER |
|
| | 2E | The Charity Independent Complaints Reviewer |
|
| | (1) | There shall be a complaints reviewer to be known as the Charity Independent |
|
| | Complaints Reviewer (in this Act referred to as “the Reviewer”). |
|
| | (2) | The function of the Reviewer will be to investigate complaints against the Charity |
|
| | Commission’s performance of its regulatory role and, where appropriate, make |
|
| | financial awards of compensation against the Charity Commission, whether |
|
| | limited consolatory payments or unlimited payments for financial loss, and make |
|
| | |
| | (3) | Except where the Reviewer finds the complainant has acted frivolously, |
|
| | vexatiously or unreasonably, the complainant shall not be required to pay any part |
|
| | of the costs of the investigation. |
|
| | (4) | No complainant shall be required to use any internal complaints procedure of the |
|
| | Charity Commission, the Parliamentary Commissioner for Administration, the |
|
| | Charity Tribunal or the courts before the Reviewer will consider the case, and any |
|
| | consideration by the Reviewer will not prevent the case subsequently being |
|
| | considered by the Parliamentary Commissioner for Administration or the courts. |
|
| | (5) | The Reviewer shall be appointed by the Lord Chancellor on such other terms as |
|
| | he, after consultation, shall think fit.”’. |
|
| |
|
|
| |
| |
|
| | Appointment and payment of the Receiver and Manager |
|
| |
| | Negatived on division NC9 |
|
| To move the following Clause:— |
|
| | ‘(1) | In section 19(1) of the Charities Act 1993, at end insert “subject to a public tender |
|
| | exercise conducted in line with best practice from the Office of Government |
|
| | |
| | (2) | In section 19(6)(b) of the Chairities Act 1993 (c. 10), after “the income of the |
|
| | charities concerned”, insert “subject to a public tender exercise and up to a sum |
|
| | agreed in such an exercise, any additional costs to be met by the Commission.”’. |
|
| |
| | Property in trusts from residuary legacies |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | After section 36(5) of the Charities Act 1993 (c.10) insert— |
|
| | “(5A) | References to a “charity trustee” in this section mean a trustee of the |
|
| | relevant charity or any proper officer with delegated authority from |
|
| | |
| | (2) | After section 36(9) of the 1993 Act insert— |
|
| | “(9A) | Requirements in subsection (3), above, do not apply to any property |
|
| | under the value of £500,000 or a sum afterwards determined by an order, |
|
| | a draft of which has been laid before, and approved by a resolution of, |
|
| | each House of Parliament.”’. |
|
| |
| | Small charities: remittance of fees |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Where any fee or charge is payable to a local authority under any enactment, the |
|
| | local authority may draw up and operate a scheme of fee remittances for any class |
|
| | |
| | (2) | “Small charity” in this section means any charity with a turnover of less than |
|
| | |
| |
|
|
| |
| |
|
| | Powers of assistance and supervision of charities |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘In undertaking any action under sections 19, 20, 21 or 26, the Commission shall |
|
| | |
| | (a) | the need to ensure that the burden on staff or volunteers of the charity is |
|
| | proportionate to the objectives of the action taken or proposed; |
|
| | (b) | the need to ensure that its costs are proportionate to the objectives of the |
|
| | action taken or proposed; and |
|
| | (c) | the extent to which the charity depends on regular donations from |
|
| | |
| |
| | Exercise of information powers |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘Before section 8 of the 1993 Act insert— |
|
| | “Z8 | Exercise of information powers |
|
| | In undertaking any action under sections 19, 20 or 26, the Commission |
|
| | |
| | (a) | the need to ensure that the burden on staff or volunteers of the |
|
| | charity is proportionate to the objectives of the action taken or |
|
| | |
| | (b) | the need to ensure that its costs are proportionate to the |
|
| | objectives of the action taken or proposed; and |
|
| | (c) | the extent to which the charity depends on regular donations |
|
| | from members of the public.”.’. |
|
| |
| | Disclosure of information to and by Northern Ireland regulator |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | This section applies if a body (referred to in this section as “the Northern Ireland |
|
| | regulator”) is established to exercise functions in Northern Ireland which are |
|
| | similar in nature to the functions exercised in England and Wales by the Charity |
|
| | |
|