Charities Bill [HL]

House of Commons

Session 2005 - 06
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Charities Bill [HL]

Charities Bill [HL]
Schedule 2 — Establishment of the Charity Commission: supplementary
88

Schedule 2
Section 6

Establishment of the Charity Commission: supplementary
1
In this Schedule—
“commencement” means the coming into force of section 6, and
“the Commission” means the Charity Commission.
5
Appointments to Commission
2     (1)
The person who immediately before commencement was the Chief Charity
Commissioner for England and Wales is on commencement to become the
chairman of the Commission as if duly appointed under paragraph 1 of
Schedule 1A to the 1993 Act.
10
      (2)
Any other person who immediately before commencement was a Charity
Commissioner for England and Wales is on commencement to become a
member of the Commission as if duly appointed under that paragraph.
      (3)
While a person holds office as a member of the Commission by virtue of this
paragraph he shall—
15
(a)
continue to be deemed to be employed in the civil service of the
Crown, and
(b)
hold that office on the terms on which he held office as a Charity
Commissioner for England and Wales immediately before
commencement.
20
      (4)
Sub-paragraph (3)(b) is subject to—
(a)
sub-paragraph (5),
(b)
paragraph 3(4) and (5) of Schedule 1A to the 1993 Act, and
(c)
any necessary modifications to the terms in question.
      (5)
No person may hold office as a member of the Commission by virtue of this
25
paragraph for a term exceeding three years from commencement.
      (6)
Paragraphs 2 and 3(1) to (3) of Schedule 1A to the 1993 Act, and paragraphs
2 and 3 of Schedule 1 to this Act, shall not apply in relation to a person while
he holds office as a member of the Commission by virtue of this paragraph.
Effect of transfers under section 6
30
3     (1)
Anything which—
(a)
has been done (or has effect as if done) by or in relation to the
Commissioners, and
(b)
is in effect immediately before commencement,

is to be treated as if done by or in relation to the Commission.
35
      (2)
Anything (including legal proceedings) which—
(a)
relates to anything transferred by section 6(4), and
(b)
is in the process of being done by or in relation to the Commissioners,

may be continued by or in relation to the Commission.
      (3)
But nothing in section 6 or this paragraph affects the validity of anything
40
done by or in relation to the Commissioners.

Charities Bill [HL]
Schedule 3 — The Charity Tribunal
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      (4)
In this paragraph “the Commissioners” means the Charity Commissioners
for England and Wales (and includes any person acting for them by virtue
of paragraph 3(3) of Schedule 1 to the 1993 Act).
First annual report of Commission
4     (1)
This paragraph applies if there is a period of one or more days which—
5
(a)
began on the day after the end of the last year for which the Charity
Commissioners for England and Wales made a report under section
1(5) of the 1993 Act, and
(b)
ended on the day before commencement.
      (2)
The first report published by the Commission under paragraph 11 of
10
Schedule 1A to the 1993 Act shall also be a report on the operations of the
Charity Commissioners for England and Wales during the period
mentioned in sub-paragraph (1).
Resource accounts of Commission
5     (1)
The new Commission and the old Commission shall be treated as being the
15
same government department for the purposes of section 5 of the
Government Resources and Accounts Act 2000 (c. 20).
      (2)
Resource accounts sent to the Comptroller and Auditor General by the new
Commission in respect of any period before commencement shall be
resource accounts in the name of the new Commission.
20
      (3)
In this paragraph—
“the new Commission” means the Charity Commission established by
section 6, and
“the old Commission” means the government department known as
the Charity Commission and existing immediately before
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commencement.
Schedule 3
Section 8

The Charity Tribunal
1
After Schedule 1A to the 1993 Act (inserted by Schedule 1 to this Act)
insert—
30
“Schedule 1B
Section 2A(3)

The Charity Tribunal
Membership
1     (1)
The Tribunal shall consist of the President and its other members.
      (2)
The Lord Chancellor shall appoint—
35
(a)
a President of the Tribunal,

Charities Bill [HL]
Schedule 3 — The Charity Tribunal
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(b)
legal members of the Tribunal, and
(c)
ordinary members of the Tribunal.
      (3)
A person may be appointed as the President or a legal member of
the Tribunal only if he has a seven year general qualification
within the meaning of section 71 of the Courts and Legal Services
5
Act 1990.
      (4)
A person may be appointed as an ordinary member of the
Tribunal only if he appears to the Lord Chancellor to have
appropriate knowledge or experience relating to charities.
Deputy President
10
2     (1)
The Lord Chancellor may appoint a legal member as deputy
President of the Tribunal.
      (2)
The deputy President—
(a)
may act for the President when he is unable to act or
unavailable, and
15
(b)
shall perform such other functions as the President may
delegate or assign to him.
Terms of appointment
3     (1)
The members of the Tribunal shall hold and vacate office as such
in accordance with the terms of their respective appointments.
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      (2)
A person holding office as a member of the Tribunal—
(a)
may resign that office by giving notice in writing to the
Lord Chancellor, and
(b)
may be removed from office by the Lord Chancellor on the
ground of incapacity or misbehaviour.
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      (3)
A previous appointment of a person as a member of the Tribunal
does not affect his eligibility for re-appointment as a member of
the Tribunal.
Retirement etc.
4     (1)
A person shall not hold office as a member of the Tribunal after
30
reaching the age of 70.
      (2)
Section 26(5) and (6) of the Judicial Pensions and Retirement Act
1993 (extension to age 75) apply in relation to a member of the
Tribunal as they apply in relation to a holder of a relevant office.
Remuneration etc.
35
5     (1)
The Lord Chancellor may pay to the members of the Tribunal such
remuneration, and such other allowances, as he may determine.
      (2)
The Lord Chancellor may—
(a)
pay such pension, allowances or gratuities as he may
determine to or in respect of a person who is or has been a
40
member of the Tribunal, or

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Schedule 3 — The Charity Tribunal
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(b)
make such payments as he may determine towards
provision for the payment of a pension, allowances or
gratuities to or in respect of such a person.
      (3)
If the Lord Chancellor determines that there are special
circumstances which make it right for a person ceasing to hold
5
office as a member of the Tribunal to receive compensation, the
Lord Chancellor may pay to him a sum by way of compensation
of such amount as may be determined by the Lord Chancellor.
Staff and facilities
6
The Lord Chancellor may make staff and facilities available to the
10
Tribunal.
Panels
7     (1)
The functions of the Tribunal shall be exercised by panels of the
Tribunal.
      (2)
Panels of the Tribunal shall sit at such times and in such places as
15
the President may direct.
      (3)
Before giving a direction under sub-paragraph (2) above the
President shall consult the Lord Chancellor.
      (4)
More than one panel may sit at a time.
8     (1)
The President shall make arrangements for determining which of
20
the members of the Tribunal are to constitute a panel of the
Tribunal in relation to the exercise of any function.
      (2)
Those arrangements shall, in particular, ensure that each panel is
constituted in one of the following ways—
(a)
as the President sitting alone,
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(b)
as a legal member sitting alone,
(c)
as the President sitting with two other members,
(d)
as a legal member sitting with two other members,
(e)
as the President sitting with one other member,
(f)
as a legal member sitting with one other member,
30

(and references in paragraphs (d) and (f) to other members do not
include the President).
      (3)
The President shall publish arrangements made under this
paragraph.
Practice and procedure
35
9     (1)
Decisions of the Tribunal may be taken by majority vote.
      (2)
In the case of a panel constituted in accordance with paragraph
8(2)(e), the President shall have a casting vote.
      (3)
In the case of a panel constituted in accordance with paragraph
8(2)(f) which consists of a legal member and an ordinary member,
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the legal member shall have a casting vote.

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Schedule 3 — The Charity Tribunal
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      (4)
The President shall make and publish arrangements as to who is
to have a casting vote in the case of a panel constituted in
accordance with paragraph 8(2)(f) which consists of two legal
members.
10
The President may, subject to rules under section 2B of this Act,
5
give directions about the practice and procedure of the Tribunal.”
House of Commons Disqualification Act 1975 (c. 24)
2
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies of which all members are disqualified) insert at the appropriate
place—
10
“The Charity Tribunal.”
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
3
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies of which all members are disqualified) insert at the
appropriate place—
15
“The Charity Tribunal.”
Courts and Legal Services Act 1990 (c.41)
4
In Schedule 11 to the Courts and Legal Services Act 1990 (judges etc. barred
from legal practice) insert at the end—
“President or other member of the Charity Tribunal”.
20
Tribunals and Inquiries Act 1992 (c. 53)
5
In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals
under general supervision of Council) before paragraph 7 insert—

“Charities
6A. The Charity Tribunal

constituted under section 2A of,

25

and Schedule 1B to, the Charities

Act 1993.”