Charities Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Charities Bill [HL]

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
161

      (8)
In subsection (7) for the words from “which they have not” onwards
substitute “of which they have not been required to transmit a copy to the
Commission.”
138   (1)
Section 46 (special provisions as respects accounts etc. of excepted charities)
is amended as follows.
5
      (2)
In subsection (2) for “the Commissioners consent” substitute “the
Commission consents”.
      (3)
For subsection (3) substitute—
“(3)
Except in accordance with subsections (3A) and (3B) below, nothing
in section 43, 44, 44A or 45 applies to any charity which—
10
(a)
falls within section 3A(2)(d) above (whether or not it also falls
within section 3A(2)(b) or (c)), and
(b)
is not registered.
(3A)
Section 44A above applies in accordance with subsections (2A) and
(2B) above to a charity mentioned in subsection (3) above which is
15
also an exempt charity.
(3B)
Sections 44 and 44A above apply to a charity mentioned in
subsection (3) above which is also an English National Health
Service charity or a Welsh National Health Service charity (as
defined in sections 43A and 43B above).”
20
      (4)
In subsection (4) for the words from “(other than” onwards substitute
“which—
(a)
falls within section 3A(2)(b) or (c) above but does not fall
within section 3A(2)(d), and
(b)
is not registered.”
25
      (5)
In subsection (5)—
(a)
for “the Commissioners” (in the first place) substitute “the
Commission”, and
(b)
for “the Commissioners’ request” substitute “the Commission’s
request”.
30
      (6)
For subsection (7) substitute—
“(7)
The following provisions of section 45 above shall apply in relation
to any report required to be prepared under subsection (5) above as
if it were an annual report required to be prepared under subsection
(1) of that section—
35
(a)
subsection (3), with the omission of the words preceding “a
copy of the annual report”, and
(b)
subsections (4) to (6).”
      (7)
Omit subsection (8).
139   (1)
Section 47 (public inspection of annual reports etc.) is amended as follows.
40
      (2)
In subsection (1)—
(a)
for “Any annual report or other document kept by the
Commissioners” substitute “Any document kept by the
Commission”,

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
162

(b)
for “the Commissioners so determine” substitute “the Commission
so determines”, and
(c)
for “they may” substitute “it may”.
      (3)
In subsection (2)(a) after “accounts” insert “or (if subsection (4) below
applies) of its most recent annual report”.
5
      (4)
After subsection (3) add—
“(4)
This subsection applies if an annual report has been prepared in
respect of any financial year of a charity in pursuance of section 45(1)
or 46(5) above.
(5)
In subsection (2) above the reference to a charity’s most recent
10
annual report is a reference to the annual report prepared in
pursuance of section 45(1) or 46(5) in respect of the last financial year
of the charity in respect of which an annual report has been so
prepared.”
140   (1)
Section 48 (annual returns by registered charities) is amended as follows.
15
      (2)
In subsection (1) for “the Commissioners” substitute “the Commission”.
      (3)
In subsection (1A) for the words from “neither” to “exceeds” substitute “the
charity’s gross income does not exceed”.
      (4)
In subsection (2)—
(a)
for “the Commissioners” substitute “the Commission”, and
20
(b)
for “to them” substitute “to the Commission”.
      (5)
In subsection (3) for “The Commissioners” substitute “The Commission”.
141
For section 49 (offences) substitute—
“49
Offences
(1)
If any requirement imposed—
25
(a)
by section 45(3) or (3A) above (taken with section 45(3B), (4)
and (5), as applicable), or
(b)
by section 47(2) or 48(2) above,

is not complied with, each person who immediately before the date
for compliance specified in the section in question was a charity
30
trustee of the charity shall be guilty of an offence and liable on
summary conviction to the penalty mentioned in subsection (2).
(2)
The penalty is—
(a)
a fine not exceeding level 4 on the standard scale, and
(b)
for continued contravention, a daily default fine not
35
exceeding 10% of level 4 on the standard scale for so long as
the person in question remains a charity trustee of the
charity.
(3)
It is a defence for a person charged with an offence under subsection
(1) to prove that he took all reasonable steps for securing that the
40
requirement in question would be complied with in time.”
142   (1)
Section 50 (incorporation of trustees of charity) is amended as follows.
      (2)
In subsection (1)—

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
163

(a)
for “the Commissioners” (in the first and third places) substitute “the
Commission”,
(b)
for “the Commissioners consider” substitute “the Commission
considers”, and
(c)
for “they think fit” substitute “the Commission thinks fit”.
5
      (3)
In subsection (2)—
(a)
for “The Commissioners” substitute “The Commission”,
(b)
for “to them” substitute “to the Commission”, and
(c)
for “under section 3” substitute “in accordance with section 3A”.
143   (1)
Section 52 (applications for incorporation) is amended as follows.
10
      (2)
In subsection (1) for “the Commissioners” (in both places) substitute “the
Commission”.
      (3)
In subsection (2)—
(a)
for “The Commissioners” substitute “The Commission”, and
(b)
for “they may specify” substitute “it may specify”.
15
144
In section 53(1) (nomination of trustees, and filling up vacancies) for “the
Commissioners” substitute “the Commission”.
145   (1)
Section 56 (power of Commissioners to amend certificate of incorporation)
is amended as follows.
      (2)
In subsection (1)—
20
(a)
for “The Commissioners” substitute “The Commission”, and
(b)
for “of their own motion” substitute “of the Commission’s own
motion”.
      (3)
In subsection (2)—
(a)
for “of their own motion, the Commissioners” substitute “of its own
25
motion, the Commission”,
(b)
for “their proposals” substitute “its proposals”, and
(c)
for “to them” substitute “to it”.
      (4)
In subsection (3)—
(a)
for “The Commissioners” substitute “The Commission”,
30
(b)
for “their proposals” substitute “its proposals”, and
(c)
for “to them” substitute “to it”.
      (5)
In subsection (4) for “The Commissioners” substitute “The Commission”.
      (6)
In the sidenote, for “Commissioners” substitute “Commission”.
146   (1)
Section 57 (records of applications and certificates) is amended as follows.
35
      (2)
In subsection (1)—
(a)
for “The Commissioners” substitute “The Commission”, and
(b)
for “to them” substitute “to it”.
      (3)
In subsection (2)—
(a)
for “the Commissioners” (in the first place) substitute “the
40
Commission”, and
(b)
for “the secretary of the Commissioners” substitute “a member of the
staff of the Commission”.

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
164

147
In section 58 (enforcement of orders and directions) for “the
Commissioners” substitute “the Commission”.
148   (1)
Section 61 (power of Commissioners to dissolve incorporated body) is
amended as follows.
      (2)
In subsection (1)—
5
(a)
for “the Commissioners are” substitute “the Commission is”,
(b)
for “treated by them” substituted “treated by the Commission”, and
(c)
for “they may of their own motion” substitute “the Commission may
of its own motion”.
      (3)
In subsection (2)—
10
(a)
for “the Commissioners are” substitute “the Commission is”, and
(b)
for “the Commissioners” (in the second place) substitute “the
Commission”.
      (4)
In subsection (4)—
(a)
for “the Commissioners so direct” substitute “the Commission so
15
directs”, and
(b)
for “the Commissioners” (in the second place) substitute “the
Commission”.
      (5)
Omit subsection (7).
      (6)
In the sidenote, for “Commissioners” substitute “Commission”.
20
149   (1)
Section 63 (winding up) is amended as follows.
      (2)
In subsection (2)—
(a)
for “the Commissioners” substitute “the Commission”,
(b)
for “they have instituted” substitute “it has instituted”, and
(c)
for “they are satisfied” substitute “it is satisfied”.
25
      (3)
In subsection (3) for “the Commissioners” (in both places) substitute “the
Commission”.
      (4)
In subsection (4) for “the Commissioners” (in both places) substitute “the
Commission”.
      (5)
In subsection (5)—
30
(a)
for “the Commissioners” substitute “the Commission”, and
(b)
for “by them of their own motion” substitute “by the Commission of
its own motion”.
150
In section 64(3) (alteration of objects clause) for “the Commissioner’s
consent” substitute “the Commission’s consent”.
35
151
In section 65(4) (invalidity of certain transactions) for “the Commissioners”
substitute “the Commission”.
152
In section 66 (requirement of consent of Commissioners to certain acts), in
subsection (1) and the sidenote, for “Commissioners” substitute
“Commission”.
40
153   (1)
Section 69 (investigation of accounts) is amended as follows.
      (2)
In subsection (1)—

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
165

(a)
for “the Commissioners” substitute “the Commission”,
(b)
for “they think fit” substitute “the Commission thinks fit”, and
(c)
for “by them” substitute “by the Commission”.
      (3)
In subsections (2)(c) and (3) for “the Commissioners” substitute “the
Commission”.
5
      (4)
In subsection (4)—
(a)
for “the Commissioners” (in the first place) substitute “the
Commission”, and
(b)
for “the Commissioners think” substitute “the Commission thinks”.
154
For the heading preceding section 72 substitute “Charity trustees”.
10
155   (1)
Section 72 (persons disqualified for being trustees of a charity) is amended
as follows.
      (2)
In subsection (1)(d)(i) after “by the” insert “Commission or”.
      (3)
In subsection (4) for “The Commissioners” substitute “The Commission”.
      (4)
In subsection (6)—
15
(a)
for “the Commissioners” (in the first place) substitute “the
Commission”,
(b)
for “they think fit” substitute “it thinks fit”,
(c)
after “order of” insert “the Commission or”, and
(d)
for “the Commissioners” (in the third place) substitute “the
20
Commission”.
      (5)
After subsection (7) add—
“(8)
In this section “the Commissioners” means the Charity
Commissioners for England and Wales.”
156
In section 73(4) (person acting as charity trustee while disqualified)—
25
(a)
for “the Commissioners are” substitute “the Commission is”,
(b)
for “they may by order” substitute “the Commission may by order”,
and
(c)
for “(as determined by them)” substitute “(as determined by the
Commission)”.
30
157
For the heading preceding section 74 substitute “Miscellaneous powers of
charities”.
158
In section 76(2) (local authority’s index of local charities)—
(a)
for “the Commissioners” (in both places) substitute “the
Commission”, and
35
(b)
for “they will” substitute “it will”.
159
In section 77(1) (reviews of local charities by local authority) for “the
Commissioners” substitute “the Commission”.
160   (1)
Section 79 (parochial charities) is amended as follows.
      (2)
In subsection (1) for “the Commissioners” substitute “the Commission”.
40
      (3)
In subsection (2) for “the Commissioners” (in both places) substitute “the
Commission”.

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
166

161   (1)
Section 80 (supervision by Commissioners of certain Scottish charities) is
amended as follows.
      (2)
In subsection (1) for paragraph (c) and the “and” preceding it substitute—
“(c)
sections 19 to 19B, and
(d)
section 31A,”.
5
      (3)
In subsection (2)—
(a)
for “the Commissioners are satisfied” substitute “the Commission is
satisfied”,
(b)
for “they may make” substitute “it may make”, and
(c)
for “their approval” substitute “the Commission’s approval”.
10
      (4)
In subsection (3)—
(a)
for “the Commissioners” substitute “the Commission”,
(b)
for “their being” substitute “the Commission being”, and
(c)
for “supplied to them” substitute “supplied to it”.
      (5)
In subsection (4)—
15
(a)
for “the Commissioners are satisfied” substitute “the Commission is
satisfied”,
(b)
for “supplied to them” substitute “supplied to it”, and
(c)
for “the Commissioners” (in the second place) substitute “the
Commission”.
20
      (6)
In subsection (5)—
(a)
for “Commissioners” (in each place) substitute “Commission”,
(b)
for “they consider” substitute “it considers”, and
(c)
for “they have received” substitute “it has received”.
      (7)
In the sidenote, for “Commissioners” substitute “Commission”.
25
162   (1)
Section 84 (supply by Commissioners of copies of documents open to public
inspection) is amended as follows.
      (2)
For “The Commissioners” substitute “The Commission”.
      (3)
For “their possession” substitute “the Commission’s possession”.
      (4)
In the sidenote, for “Commissioners” substitute “Commission”.
30
163   (1)
Section 85 (fees and other amounts payable to Commissioners) is amended
as follows.
      (2)
In subsection (1)—
(a)
for “the Commissioners” (in both places) substitute “the
Commission”, and
35
(b)
for “kept by them” substitute “kept by the Commission”.
      (3)
In subsection (4)—
(a)
for “The Commissioners” substitute “The Commission”,
(b)
for “they consider” substitute “it considers”, and
(c)
for “by them” substitute “by it”.
40
      (4)
In subsection (5) for “the Commissioners” substitute “the Commission”.
      (5)
In the sidenote, for “Commissioners” substitute “Commission”.

Charities Bill [HL]
Schedule 8 — Minor and consequential amendments
167

164   (1)
Section 86 (regulations and orders) is amended as follows.
      (2)
In subsection (2)(a)—
(a)
after “17(2),” insert “73F(6)”, and
(b)
after “99(2)” insert “or paragraph 6 of Schedule 1C”.
      (3)
In subsection (3)—
5
(a)
for “the Commissioners” (in the first place) substitute “the
Commission”, and
(b)
for “the Commissioners consider” substitute “the Commission
considers”.
      (4)
In subsection (4) after “above” insert “or Schedule 5A,”.
10
165   (1)
Section 87 (enforcement of requirement by order of Commissioners) is
amended as follows.
      (2)
In subsection (1)—
(a)
for “the Commissioners” substitute “the Commission”, and
(b)
for “they consider” substitute “it considers”.
15
      (3)
In subsection (2) for “the Commissioners” (in both places) substitute “the
Commission”.
      (4)
In the sidenote, for “Commissioners” substitute “Commission”.
166   (1)
Section 88 (enforcement of orders of Commissioners) is amended as follows.
      (2)
For paragraph (a) substitute—
20
“(a)
to an order of the Commission under section 9(1), 19A, 19B,
44(2), 61, 73, 73C or 80 above; or”.
      (3)
In paragraphs (b) and (c) for “the Commissioners” substitute “the
Commission”.
      (4)
For “the Commissioners to” substitute “the Commission to”.
25
      (5)
In the sidenote, for “Commissioners” substitute “Commission”.
167   (1)
Section 89 (other provisions as to orders of Commissioners) is amended as
follows.
      (2)
In subsection (1)—
(a)
for “the Commissioners” (in the first place) substitute “the
30
Commission”,
(b)
for “the Commissioners think” substitute “the Commission thinks”,
(c)
for “the Commissioners exercise” substitute “the Commission
exercises”, and
(d)
for “to them, they may” substitute “to it, it may”.
35
      (3)
In subsection (2)—
(a)
for “the Commissioners make” substitute “the Commission makes”,
(b)
for “they may themselves” substitute “the Commission may itself”,
and
(c)
for “they think fit” substitute “it thinks fit”.
40
      (4)
In subsection (3)—
(a)
for “The Commissioners” substitute “The Commission”,