sc0831307.402-403

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.A.  Standing Committee Proceedings: 13th July 2006
402

Charities Bill–[ [], continued

(2)
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.

(3)
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).

(4)
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.

(5)
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.

(6)
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—

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

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

(b)
on conviction on indictment, to imprisonment for a term not exceeding

two years or to a fine, or both.

(7)
It is a defence for a person charged with an offence under subsection (5) of

disclosing information to prove that he reasonably believed—

(a)
that the disclosure was lawful, or

(b)
that the information had already and lawfully been made available to the

public.

(8)
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.

(9)
In this section—

“relevant public authority” means—

(a)
any government department (other than a Northern Ireland

department),

(b)
any local authority in England, Wales or Scotland,

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

(d)
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
403

Charities Bill–[ [], continued

Human rights compliance

Peter Bottomley

Withdrawn  NC15

To move the following Clause:—

‘(1)
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.

(2)
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.