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Session 2005-06
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Notices of Amendments


given up to and including

Monday 23rd October 2006

      New Amendments handed in are marked thus *

Consideration of Bill


Charities Bill [Lords], As Amended


New Clauses

Amendments reflecting changes in company law audit provisions

Hilary Armstrong

NC1

    To move the following Clause:—

      ‘(1) The Minister may by order make such amendments of the 1993 Act or this Act as he considers appropriate—

        (a) in consequence of, or in connection with, any changes made or to be made by any enactment to the provisions of company law relating to the accounts of charitable companies or to the auditing of, or preparation of reports in respect of, such accounts;

        (b) for the purposes of, or in connection with, applying provisions of Schedule 5A to the 1993 Act (group accounts) to charitable companies that are not required to produce group accounts under company law.

      (2) In this section—

      “accounts” includes group accounts;

      “amendments” includes repeals and modifications;

      “charitable companies” means companies which are charities;

      “company law” means the enactments relating to companies.’.


Small charities: remitance of fees

Mr Andrew Turner

NC2

    To move the following Clause:—

      ‘(1) Where any fee or charge is payable to a local authority under any enactment, the local authority may draw up and operate a scheme of fee remittances for any class of small charities.

      (2) “Small charity” in this section means any charity with a turnover of less than £100,000 per year.’.


Property from trusts in residuary legacies

Martin Horwood

NC3

    * To move the following Clause:—

      ‘After section 36(3) of the Charities Act 1993 (c. 10) insert—

      “(4) Subsection (3) above shall not apply to any such land that is left in a will to the charity.

      (5) Subsection (4) above shall not preclude charity trustees commissioning such a report if they so wish.”.’.


Ethical investment by charities

Martin Horwood

NC4

    * To move the following Clause:—

      ‘(1) The Commission shall maintain a list of recognised ethical investment funds.

      (2) It shall be lawful for any charity to invest in a recognised ethical investment fund, regardless of any rule of law to the contrary.

      (3) The power to invest in a recognised ethical investment fund is supplementary to any existing power of investment and shall not restrict any such power.

      (4) In judging whether to recognise an ethical investment fund, the Commission shall take into account—

        (a) whether the investment policy of the fund can reasonably be described as ethical,

        (b) whether the fund complies with its stated objectives,

        (c) whether the fund provides a reasonable rate of return at a reasonable level of risk for a charity,

        (d) any other matter the Commission thanks relevant to the protection of charities and the goal of promoting ethical investment.

      (5) The Commission shall have power to remove a fund from the list if it comes to the conclusion that the fund should no longer be included having taken into account the matters mentioned in subsection (4).

      (6) Any interested person may apply to the Charity Tribunal to set aside any decision by the Commission to include a fund on the list, to refuse to include a fund on the list or to remove a fund from the list.’.


Academic freedom

Martin Horwood

NC5

    * To move the following Clause:—

      ‘(1) When exercising any power under this Act with relation to a university, the Commission and the principal regulators of exempt charities shall be bound by a duty to protect academic freedom.

      (2) “Academic freedom” shall have the meaning attributed to it by section 32 of the Higher Education Act 2004.

      (3) “University” shall have the meaning attributed to it by section 90(3) of the Further and Higher Education Act 1992, but it shall be immaterial whether a university receives any public support.’.


Dr Evan Harris

123

* Page 2, line 10 [Clause 2], after ‘religion’, insert ‘or belief’.

Dr Evan Harris

124

* Page 2, line 16 [Clause 2], after ‘religious or racial harmony or equality and diversity’ and insert ‘harmony or equality between races, religions and beliefs’.

Hilary Armstrong

2

Page 2, line 22 [Clause 2], at end insert ‘, or of the efficiency of the police, fire and rescue services or ambulance services’.

Dr Evan Harris

125

* Page 2, line 27 [Clause 2], at end insert—

        ‘(aa) in paragraph (c) “belief”, and in paragraph (h) “beliefs”, are to be construed in accordance with article 9 in Schedule 1 of the Human Rights Act 1998 (c. 42)’.

Hilary Armstrong

3

Page 2, line 34 [Clause 2], leave out ‘sport which involves physical skill and exertion; and’ and insert ‘sports or games which promote health by involving physical or mental skill or exertion’.

Mr Humfrey Malins

122

* Page 2, line 35 [Clause 2], after ‘exertion’ insert ‘or which, on the day this section comes into force, are sports or disciplines open to competition in games organised by:

          (i) the International Olympic Committee;

          (ii) the International Paralympic Committee; or

          (iii) the Commonwealth Games Federation.’.

Hilary Armstrong

4

Page 2, line 37 [Clause 2], at end insert ‘; and

        (f) in paragraph (l) “fire and rescue services” means services provided by fire and rescue authorities under Part 2 of the Fire and Rescue Services Act 2004 (c. 21).’.


Miss Ann Widdecombe

126

* Page 3, line 22 [Clause 3], after ‘not’, insert ‘save in the case of section 2(2)(c),’.

Mr John Grogan
Mr Martin Horwood
Mr Jon Trickett
Dr Vincent Cable
Ms Sandra Gidley
Mr Elfyn Llwyd
Total signatories: 16

    Dr Ian Gibson Ann McKechin John McDonnell

    Paul Farrelly Paul Flynn Colin Burgon

    Mrs Madeleine Moon Mr Dai Havard Kelvin Hopkins

Lynne Jones

1

Page 3, line 23 [Clause 3], at end insert—

      ‘(2A) In determining whether that requirement is satisfied in relation to any such purpose, consideration must be given to the effect of placing any undue restriction on obtaining that benefit.’.


Martin Horwood

130

* Page 6, line 35 [Clause 6], at end insert—

      ‘(7) Giving information or advice or making proposals to any member or members of the public interested in registering a charity under subsection (3), including advice not to register.’.


Martin Horwood

128

* Page 7, line 28 [Clause 7], at end insert—

‘5A In performing its functions the Commission must have regard to the interests of beneficiaries.’.


Martin Horwood

131

* Page 8, line 16 [Clause 8], leave out second ‘of’ and insert ‘made or not made by’.

Martin Horwood

132

* Page 8, line 20 [Clause 8], at end insert—

        ‘(c) such appeals and applications as may be made to the Tribunal, in respect of decisions, orders or directions not made by the Commission which could reasonably have been made by the Commission.’.

Martin Horwood

134

* Page 8, line 20 [Clause 8], at end insert—

        ‘(d) any appeal or application as may be made to the Tribunal relating to any decision made by the Secretary of State under this Act.’.


Hilary Armstrong

5

Page 9, line 40 [Clause 8], leave out ‘Secretary of State’ and insert ‘Minister’.

Mr Andrew Turner

117

Page 9, line 40 [Clause 8], at end insert—

    2BA Suitors fund

      (1) The Tribunal shall administer a fund (“the suitors fund”) from which it will contribute to the costs of those seeking to bring appeals and applications in accordance with Schedule 1C of this Act or appeals in acccordance with section 2C of this Act.

      (2) The fund shall be provided by the Commission.’.


Hilary Armstrong

6

Page 11, line 39 [Clause 9], leave out ‘(subject to subsection (11))’.

Hilary Armstrong

7

Page 11, line 41 [Clause 9], leave out from beginning to end of line 3 on page 12.


Hilary Armstrong

8

Page 12, line 22 [Clause 9], leave out ‘by the Commission’.

Hilary Armstrong

9

Page 12, line 31 [Clause 9], leave out ‘by the Secretary of State’.


Hilary Armstrong

10

Page 13, line 8 [Clause 9], leave out ‘Secretary of State’ and insert ‘Minister’.

Hilary Armstrong

11

Page 13, line 13 [Clause 9], leave out ‘Secretary of State’ and insert ‘Minister’.

Hilary Armstrong

12

Page 13, line 22 [Clause 9], after ‘(7)’, insert ‘(a)’.

Hilary Armstrong

118

Page 13, line 26 [Clause 9], leave out from ‘day’ to ‘(registration’ in line 27 and insert ‘on which subsections (1) to (5) above come into force by virtue of an order under section 78 of the Charities Act 2006 relating to section 9 of that Act’.

Hilary Armstrong

13

Page 13, line 41 [Clause 9], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

14

Page 14, line 7 [Clause 9], leave out ‘Secretary of State’ and insert ‘Minister’.

Hilary Armstrong

15

Page 14, line 30 [Clause 9], leave out ‘(subject to section 3(11) above)’.

Hilary Armstrong

16

Page 14, line 34 [Clause 10], leave out ‘Secretary of State’ and insert ‘Minister’.

Hilary Armstrong

119

Page 14, line 34 [Clause 10], leave out ‘commencement of section 9 above’ and insert ‘appointed day’.

Hilary Armstrong

120

Page 14, line 43 [Clause 10], leave out from ‘the’ to end of line 44 and insert ‘appointed day.

      (4) In this section “the appointed day” means the day on which section 3A(1) to (5) of the 1993 Act (as substituted by section 9 of this Act) come into force by virtue of an order under section 78 of this Act.’.


Hilary Armstrong

17

Page 15, line 21 [Clause 11], leave out subsection (9).

Hilary Armstrong

18

Page 15, line 36 [Clause 11], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

19

Page 16, line 2 [Clause 11], leave out ‘Secretary of State’ and insert ‘Minister’.

Hilary Armstrong

20

Page 16, line 8 [Clause 11], leave out ‘Secretary of State’ and insert ‘Minister’.

Hilary Armstrong

21

Page 16, line 32 [Clause 13], leave out ‘Secretary of State’ and insert ‘Minister’.

Hilary Armstrong

22

Page 16, line 34 [Clause 13], leave out ‘Secretary of State’ and insert ‘Minister’.


Martin Horwood

135

* Page 17 [Clause 17], leave out from beginning of line 36 to end of line 3 on page 18 and insert—

        ‘(b) the donor has not made a relevant declaration at the time of making the gift.’.


Hilary Armstrong

23

Page 22, line 8 [Clause 22], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

24

Page 25, line 12 [Clause 23], after ‘institution’ insert ‘—

        ‘(a) ’.

Hilary Armstrong

25

Page 25, line 13 [Clause 23], after ‘Ireland’ insert ‘, and

        ‘(b) to which the Commissioners for Her Majesty’s Revenue and Customs have given intimation, which has not subsequently been withdrawn, that relief is due under section 505 of the Income and Corporation Taxes Act 1988 in respect of income of the institution which is applicable and applied to charitable purposes only.’.

Hilary Armstrong

26

Page 25, line 35 [Clause 24], after ‘court’ insert ‘or the Tribunal’.


Hilary Armstrong

27

Page 30, line 26 [Clause 28], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

28

Page 31 [Clause 29], leave out line 33.


Hilary Armstrong

29

Page 38, line 22 [Clause 38], leave out ‘or directors’.

Hilary Armstrong

30

Page 38 [Clause 38], leave out lines 32 to 40 and insert—

      ‘(1) Section 727 of the Companies Act 1985 (power of court to grant relief to officers or auditors of companies) shall have effect in relation to a person to whom this section applies as it has effect in relation to a person employed as an auditor by a company.

      (2) This section applies to—

        (a) a person acting in a capacity within section 73D(1)(b) or (c) above in a case where, apart from this section, section 727 would not apply in relation to him as a person so acting, and

        (b) a charity trustee of a CIO.”’.


Hilary Armstrong

31

Page 39, line 42 [Clause 39], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

32

Page 41, line 46 [Clause 40], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

33

Page 45, line 20 [Clause 41], leave out ‘Secretary of State’ and insert ‘Minister’.

Hilary Armstrong

34

Page 45, line 43 [Clause 42], at end insert ‘in response to the question put to the meeting’.


Hilary Armstrong

35

Page 47 [Clause 43], leave out lines 4 to 6.


Hilary Armstrong

36

Page 48, line 41 [Clause 43], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

37

Page 49, line 45 [Clause 43], leave out ‘Secretary of State’ and insert ‘Minister’.


Martin Horwood

127

* Page 66, line 2 [Clause 60], at end insert—

      ‘(2A) Nothing in this section shall be taken to—

        (a) relieve a local authority of its obligation to determine each application on its merits; or

        (b) permit a local authority to adopt a policy of only authorising collections on specified days of each week.’.


Hilary Armstrong

38

Page 68, line 23 [Clause 63], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

39

Page 69, line 17 [Clause 63], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

40

Page 73, line 24 [Clause 68], leave out ‘Secretary of State’ and insert ‘Minister’.

Hilary Armstrong

41

Page 73, line 30 [Clause 69], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

42

Page 75, line 5 [Clause 70], leave out ‘The Secretary of State’ and insert ‘A relevant Minister’.

Hilary Armstrong

43

Page 75, line 16 [Clause 70], leave out ‘Secretary of State’ and insert ‘relevant Minister’.

Hilary Armstrong

44

Page 75, line 20 [Clause 70], leave out ‘Secretary of State’ and insert ‘relevant Minister’.

Hilary Armstrong

45

Page 75, line 22 [Clause 70], leave out ‘Secretary of State’ and insert ‘relevant Minister’.

Hilary Armstrong

46

Page 75, line 30 [Clause 70], leave out ‘Secretary of State’ and insert ‘relevant Minister’.

Hilary Armstrong

47

Page 75, line 34 [Clause 70], leave out ‘Secretary of State’ and insert ‘relevant Minister’.

Hilary Armstrong

48

Page 75, line 35 [Clause 70], leave out ‘The Secretary of State’ and insert ‘A relevant Minister’.


Hilary Armstrong

49

Page 76, line 2 [Clause 70], leave out ‘the Secretary of State’ and insert ‘a relevant Minister’.

Hilary Armstrong

50

Page 76, line 3 [Clause 70], leave out ‘Secretary of State’ and insert ‘relevant Minister’.

Hilary Armstrong

51

Page 76, line 4 [Clause 70], leave out ‘the exercise of’ and insert ‘any exercise by him of any’.

Hilary Armstrong

52

Page 76, line 6 [Clause 70], leave out ‘Secretary of State’ and insert ‘relevant Minister’.

Hilary Armstrong

53

Page 76, line 11 [Clause 70], at end insert—

      ‘(11) In this section “relevant Minister” means the Secretary of State or the Minister for the Cabinet Office.’.


Hilary Armstrong

54

Page 77, line 26 [Clause 72], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

55

Page 78, line 34 [Clause 73], leave out ‘Secretary of State’ and insert ‘Minister’.

Hilary Armstrong

56

Page 78, line 44 [Clause 73], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

57

Page 79, line 1 [Clause 73], leave out ‘Secretary of State’ and insert ‘Minister’.

 
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Prepared: 24 October 2006