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Establishment of the Charity Commission: supplementary |
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“commencement” means the coming into force of section 6, and |
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“the Commission” means the Charity Commission. |
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Appointments to Commission |
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2 (1) | The person who immediately before commencement was the Chief Charity |
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Commissioner for England and Wales is on commencement to become the |
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chairman of the Commission as if duly appointed under paragraph 1 of |
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Schedule 1A to the 1993 Act. |
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(2) | Any other person who immediately before commencement was a Charity |
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Commissioner for England and Wales is on commencement to become a |
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member of the Commission as if duly appointed under that paragraph. |
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(3) | While a person holds office as a member of the Commission by virtue of this |
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(a) | continue to be deemed to be employed in the civil service of the |
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(b) | hold that office on the terms on which he held office as a Charity |
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Commissioner for England and Wales immediately before |
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(4) | Sub-paragraph (3)(b) is subject to— |
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(b) | paragraph 3(4) and (5) of Schedule 1A to the 1993 Act, and |
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(c) | any necessary modifications to the terms in question. |
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(5) | No person may hold office as a member of the Commission by virtue of this |
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paragraph for a term exceeding three years from commencement. |
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(6) | Paragraphs 2 and 3(1) to (3) of Schedule 1A to the 1993 Act, and paragraphs |
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2 and 3 of Schedule 1 to this Act, shall not apply in relation to a person while |
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he holds office as a member of the Commission by virtue of this paragraph. |
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Effect of transfers under section 6 |
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(a) | has been done (or has effect as if done) by or in relation to the |
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(b) | is in effect immediately before commencement, |
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| is to be treated as if done by or in relation to the Commission. |
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(2) | Anything (including legal proceedings) which— |
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(a) | relates to anything transferred by section 6(4), and |
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(b) | is in the process of being done by or in relation to the Commissioners, |
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| may be continued by or in relation to the Commission. |
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(3) | But nothing in section 6 or this paragraph affects the validity of anything |
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done by or in relation to the Commissioners. |
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(4) | In this paragraph “the Commissioners” means the Charity Commissioners |
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for England and Wales (and includes any person acting for them by virtue |
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of paragraph 3(3) of Schedule 1 to the 1993 Act). |
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First annual report of Commission |
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4 (1) | This paragraph applies if there is a period of one or more days which— |
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(a) | began on the day after the end of the last year for which the Charity |
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Commissioners for England and Wales made a report under section |
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1(5) of the 1993 Act, and |
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(b) | ended on the day before commencement. |
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(2) | The first report published by the Commission under paragraph 11 of |
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Schedule 1A to the 1993 Act shall also be a report on the operations of the |
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Charity Commissioners for England and Wales during the period |
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mentioned in sub-paragraph (1). |
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Resource accounts of Commission |
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5 (1) | The new Commission and the old Commission shall be treated as being the |
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same government department for the purposes of section 5 of the |
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Government Resources and Accounts Act 2000 (c. 20). |
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(2) | Resource accounts sent to the Comptroller and Auditor General by the new |
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Commission in respect of any period before commencement shall be |
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resource accounts in the name of the new Commission. |
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“the new Commission” means the Charity Commission established by |
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“the old Commission” means the government department known as |
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the Charity Commission and existing immediately before |
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1 | After Schedule 1A to the 1993 Act (inserted by Schedule 1 to this Act) |
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1 (1) | The Tribunal shall consist of the President and its other members. |
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(2) | The Lord Chancellor shall appoint— |
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(a) | a President of the Tribunal, |
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(b) | legal members of the Tribunal, and |
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(c) | ordinary members of the Tribunal. |
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(3) | A person may be appointed as the President or a legal member of |
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the Tribunal only if he has a seven year general qualification |
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within the meaning of section 71 of the Courts and Legal Services |
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(4) | A person may be appointed as an ordinary member of the |
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Tribunal only if he appears to the Lord Chancellor to have |
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appropriate knowledge or experience relating to charities. |
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2 (1) | The Lord Chancellor may appoint a legal member as deputy |
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President of the Tribunal. |
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(2) | The deputy President— |
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(a) | may act for the President when he is unable to act or |
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(b) | shall perform such other functions as the President may |
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delegate or assign to him. |
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3 (1) | The members of the Tribunal shall hold and vacate office as such |
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in accordance with the terms of their respective appointments. |
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(2) | A person holding office as a member of the Tribunal— |
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(a) | may resign that office by giving notice in writing to the |
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(b) | may be removed from office by the Lord Chancellor on the |
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ground of incapacity or misbehaviour. |
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(3) | A previous appointment of a person as a member of the Tribunal |
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does not affect his eligibility for re-appointment as a member of |
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4 (1) | A person shall not hold office as a member of the Tribunal after |
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(2) | Section 26(5) and (6) of the Judicial Pensions and Retirement Act |
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1993 (extension to age 75) apply in relation to a member of the |
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Tribunal as they apply in relation to a holder of a relevant office. |
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5 (1) | The Lord Chancellor may pay to the members of the Tribunal such |
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remuneration, and such other allowances, as he may determine. |
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(2) | The Lord Chancellor may— |
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(a) | pay such pension, allowances or gratuities as he may |
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determine to or in respect of a person who is or has been a |
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member of the Tribunal, or |
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(b) | make such payments as he may determine towards |
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provision for the payment of a pension, allowances or |
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gratuities to or in respect of such a person. |
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(3) | If the Lord Chancellor determines that there are special |
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circumstances which make it right for a person ceasing to hold |
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office as a member of the Tribunal to receive compensation, the |
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Lord Chancellor may pay to him a sum by way of compensation |
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of such amount as may be determined by the Lord Chancellor. |
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6 | The Lord Chancellor may make staff and facilities available to the |
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7 (1) | The functions of the Tribunal shall be exercised by panels of the |
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(2) | Panels of the Tribunal shall sit at such times and in such places as |
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the President may direct. |
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(3) | Before giving a direction under sub-paragraph (2) above the |
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President shall consult the Lord Chancellor. |
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(4) | More than one panel may sit at a time. |
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8 (1) | The President shall make arrangements for determining which of |
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the members of the Tribunal are to constitute a panel of the |
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Tribunal in relation to the exercise of any function. |
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(2) | Those arrangements shall, in particular, ensure that each panel is |
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constituted in one of the following ways— |
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(a) | as the President sitting alone, |
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(b) | as a legal member sitting alone, |
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(c) | as the President sitting with two other members, |
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(d) | as a legal member sitting with two other members, |
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(e) | as the President sitting with one other member, |
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(f) | as a legal member sitting with one other member, |
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| (and references in paragraphs (d) and (f) to other members do not |
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(3) | The President shall publish arrangements made under this |
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9 (1) | Decisions of the Tribunal may be taken by majority vote. |
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(2) | In the case of a panel constituted in accordance with paragraph |
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8(2)(e), the President shall have a casting vote. |
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(3) | In the case of a panel constituted in accordance with paragraph |
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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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(4) | The President shall make and publish arrangements as to who is |
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to have a casting vote in the case of a panel constituted in |
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accordance with paragraph 8(2)(f) which consists of two legal |
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10 | The President may, subject to rules under section 2B of this Act, |
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give directions about the practice and procedure of the Tribunal.” |
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House of Commons Disqualification Act 1975 (c. 24) |
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2 | In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 |
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(bodies of which all members are disqualified) insert at the appropriate |
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Northern Ireland Assembly Disqualification Act 1975 (c. 25) |
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3 | In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification |
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Act 1975 (bodies of which all members are disqualified) insert at the |
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Courts and Legal Services Act 1990 (c.41) |
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4 | In Schedule 11 to the Courts and Legal Services Act 1990 (judges etc. barred |
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from legal practice) insert at the end— |
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“President or other member of the Charity Tribunal”. |
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Tribunals and Inquiries Act 1992 (c. 53) |
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5 | In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals |
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under general supervision of Council) before paragraph 7 insert— |
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| | | | | | | constituted under section 2A of, |
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