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S.C.A.  Standing Committee Proceedings: 13th July 2006            



Charities Bill[ [], continued



The Secretary of State may by regulations authorise relevant public authorities to


disclose information to the Northern Ireland regulator for the purpose of enabling


or assisting the Northern Ireland regulator to discharge any of its functions.



If the regulations authorise the disclosure of Revenue and Customs information,


they must contain provision in relation to that disclosure which corresponds to the


provision made in relation to the disclosure of such information by section 10(2)


to (4) of the 1993 Act (as substituted by paragraph 99 of Schedule 8 to this Act).



In the case of information disclosed to the Northern Ireland regulator pursuant to


regulations made under this section, any power of the Northern Ireland regulator


to disclose the information is exercisable subject to any express restriction subject


to which the information was disclosed to the Northern Ireland regulator.



Subsection (4) does not apply in relation to Revenue and Customs information


disclosed to the Northern Ireland regulator pursuant to regulations made under


this section; but any such information may not be further disclosed except with


the consent of the Commissioners for Her Majesty’s Revenue and Customs.



Any person specified, or of a description specified, in regulations made under this


section who discloses information in contravention of subsection (5) is guilty of


an offence and liable—



on summary conviction, to imprisonment for a term not exceeding 12


months or to a fine not exceeding the statutory maximum, or both;



on conviction on indictment, to imprisonment for a term not exceeding


two years or to a fine, or both.



It is a defence for a person charged with an offence under subsection (5) of


disclosing information to prove that he reasonably believed—



that the disclosure was lawful, or



that the information had already and lawfully been made available to the





In the application of this section to Scotland or Northern Ireland, the reference to


12 months in subsection (6) is to be read as a reference to 6 months.



In this section—


“relevant public authority” means—



any government department (other than a Northern Ireland





any local authority in England, Wales or Scotland,



any person who is a constable in England and Wales or Scotland,



any other body or person discharging functions of a public nature


(including a body or person discharging regulatory functions in


relation to any description of activities), except a body or person


whose functions are exercisable only or mainly in or as regards


Northern Ireland and relate only or mainly to transferred matters;


“Revenue and Customs information” means information held as mentioned


in section 18(1) of the Commissioners for Revenue and Customs Act


2005 (c. 11);


“transferred matter” has the same meaning as in the Northern Ireland Act


1998 (c. 47).’.



S.C.A.  Standing Committee Proceedings: 13th July 2006            



Charities Bill[ [], continued


Human rights compliance


Peter Bottomley


Withdrawn  NC15


To move the following Clause:—



The Commission shall investigate the activities of a charity where it receives an


allegation, substantiated by evidence, that the charity, acting in concert with a


government (whether or not a party to the European Convention on Human


Rights) has committed an act which, had it been committed by a public authority,


would have been inconsistent with a Convention right as defined in the Human


Rights Act 1998.



If, following any such investigation, the Commission finds the allegation proven,


it shall either, if the charity is registered, strike the charity off the register or


exercise its other statutory powers in relation to the charity, its property or assets


or its charity trustees, officers or employees.’.


Bill, as amended, to be reported.


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