House of Commons - Amendments
Charities Bill [Lords], As Amended - continued          House of Commons

back to previous text

Hilary Armstrong

121

Page 79, line 7 [Clause 73], leave out from ‘the’ to ‘, it’ and insert ‘appointed day (within the meaning of section 10 of this Act)’.

Hilary Armstrong

58

Page 79, line 11 [Clause 74], leave out ‘the Secretary of State’ and insert ‘a relevant Minister’.

Hilary Armstrong

59

Page 79, line 18 [Clause 74], leave out ‘Secretary of State’ and insert ‘relevant Minister’.

Hilary Armstrong

60

Page 79, line 19 [Clause 74], leave out ‘the Secretary of State’ and insert ‘a relevant Minister’.

Hilary Armstrong

61

Page 79, line 29 [Clause 74], after ‘76’ insert ‘or (Amendments reflecting changes in company law audit provisions)’.

Hilary Armstrong

62

Page 79, line 32 [Clause 74], leave out ‘the Secretary of State’ and insert ‘a relevant Minister’.

Hilary Armstrong

63

Page 79, line 38 [Clause 74], at end insert—

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


Hilary Armstrong

64

Page 80, line 2 [Clause 75], leave out ‘The Secretary of State’ and insert ‘A relevant Minister’.

Hilary Armstrong

65

Page 80, line 9 [Clause 75], at end insert ‘(including an enactment restating, with or without modifications, an enactment amended by this Act).’.

Hilary Armstrong

66

Page 80, line 9 [Clause 75], at end insert—

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

Hilary Armstrong

67

Page 80, line 11 [Clause 76], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

68

Page 81, line 20 [Clause 77], at end insert—

      ‘(5A) In this Act “the Minister” means the Minister for the Cabinet Office.’.

Hilary Armstrong

69

Page 81, line 27 [Clause 78], at end insert—

        ‘(ca) section (Amendments reflecting changes in company law audit provisions),’.

Hilary Armstrong

70

Page 81, line 30 [Clause 78], leave out lines 30 and 31 and insert—

        ‘(f) the following provisions of Schedule 8—

      paragraph 89(1A),

      paragraph 103 so far as it confers power to make regulations, and

      paragraph 173(d),

        and section 75(1) so far as relating to those provisions.’.

Hilary Armstrong

71

Page 81, line 32 [Clause 78], leave out ‘Secretary of State’ and insert ‘Minister’.

Hilary Armstrong

72

Page 81, line 36 [Clause 78], leave out ‘Secretary of State’ and insert ‘Minister’.

Hilary Armstrong

73

Page 81, line 42 [Clause 79], leave out subsections (3) and (4) and insert—

      ‘(3) The following provisions extend also to Scotland—

        (a) sections 1 to 3 and 5,

        (b) section 6(5),

        (c) sections 72 and 74,

        (d) section 75(2) and (3) and Schedules 9 and 10 so far as relating to the Recreational Charities Act 1958 (c. 17), and

        (e) section 75(4) and (5), sections 76 to 78 and this section.

      (3A) But the provisions referred to in subsection (3)(a) and (d) affect the law of Scotland only so far as they affect the construction of references to charities or charitable purposes in enactments which relate to matters falling within Section A1 of Part 2 of Schedule 5 to the Scotland Act 1998 (c. 46) (reserved matters: fiscal policy etc.); and so far as they so affect the law of Scotland—

        (a) references in sections 1(1) and 2(1) to the law of England and Wales are to be read as references to the law of Scotland, and

        (b) the reference in section 1(1) to the High Court is to be read as a reference to the Court of Session.

      (3B) The following provisions extend also to Northern Ireland—

        (a) sections 1 to 3 and 5,

        (b) section 6(5),

        (c) section 23,

        (d) sections 72 and 74,

        (e) section 75(2) and (3) and Schedules 9 and 10 so far as relating to the Recreational Charities Act 1958 (c. 17), and

        (f) section 75(4) and (5), sections 76 to 78 and this section.

      (3C) But the provisions referred to in subsection (3B)(a) and (e) affect the law of Northern Ireland only so far as they affect the construction of references to charities or charitable purposes in enactments which relate to matters falling within paragraph 9 of Schedule 2 to the Northern Ireland Act 1998 (c. 47) (excepted matters: taxes and duties); and so far as they so affect the law of Northern Ireland—

        (a) references in sections 1(1) and 2(1) to the law of England and Wales are to be read as references to the law of Northern Ireland, and

        (b) the reference in section 1(1) to the High Court is to be read as a reference to the High Court in Northern Ireland.’.


Hilary Armstrong

74

Page 82 [Clause 79], leave out line 5 and insert—

      ‘(6) But subsection (5) does not apply to any amendment or repeal made in the Recreational Charities Act 1958 (c. 17) by a provision referred to in subsection (3) or (3B).

      (6A) Subsection (5) also does not apply to—’.

Hilary Armstrong

75

Page 82, line 12 [Clause 79], leave out subsection (7).


Hilary Armstrong

76

Page 83, line 11 [Schedule 1], leave out ‘Secretary of State’ and insert ‘Minister’.

Hilary Armstrong

77

Page 83, line 12 [Schedule 1], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

78

Page 84, line 5 [Schedule 1], leave out ‘Secretary of State’ and insert ‘Minister’.

Hilary Armstrong

79

Page 84, line 6 [Schedule 1], leave out ‘Secretary of State’ and insert ‘Minister’.

Hilary Armstrong

80

Page 84, line 8 [Schedule 1], leave out ‘Secretary of State’ and insert ‘Minister’.

Hilary Armstrong

81

Page 84, line 19 [Schedule 1], leave out ‘Secretary of State’ and insert ‘Minister’.

Hilary Armstrong

82

Page 84, line 21 [Schedule 1], leave out ‘Secretary of State’ and insert ‘Minister’.

Hilary Armstrong

83

Page 84, line 24 [Schedule 1], leave out ‘Secretary of State’ and insert ‘Minister’.

Hilary Armstrong

84

Page 84, line 29 [Schedule 1], leave out ‘Secretary of State’ and insert ‘Minister’.

Hilary Armstrong

85

Page 84, line 33 [Schedule 1], leave out ‘Secretary of State’ and insert ‘Minister’.


Martin Horwood

133

* Page 93, line 8 [Schedule 4], leave out from ‘matter’ to end of line 24 and insert—

    ‘as set out in paragraph (3), an appeal may be brought to the Tribunal against any decision, direction or order made or given by the Commission under this Act (including any decision not to give a direction, make an order or otherwise act under this Act).

    (2) Such an appeal may be brought by—

      (a) the Attorney General;

      (b) any person from the following—

(i) the persons who are or claim to be the charity trustees of the institution or who otherwise have control or management of the institution, (ii) (if a body corporate) the institution itself, and (iii) any other person who is or may be affected by the decision, direction or order (as the case may be).

    (3) In determining such an appeal the Tribunal—

      (a) shall consider afresh the decision, direction or order appealed against, and

      (b) may take into account evidence which was not available to the Commission.

    (4) The Tribunal may—

      (a) dismiss the appeal and direct the Commission to provide full explanation in writing of the reasons for its decision not to give such a decision, direction or order,

      (b) if it allows the appeal, exercise any of the following powers—

(i) quash the decision, direction or order (as the case may be) in whole or in part, and (if appropriate) remit the matter to the Commission, (ii) substitute for all or part of the decision, direction or order (as the case may be) such other decision, direction or order as could have been made or given by the Commission, (iii) give such direction to the Commission as it shall consider appropriate, (iv) substitute for all or part of any direction or order any other direction or order which could have been made by the Commission, and (v) add to the decision, direction, or order (as the case may be) anything which could have been contained in the original decision, direction or order.’.

Hilary Armstrong

86

Page 102, line 40 [Schedule 4], leave out ‘Secretary of State’ and insert ‘Minister’.

Hilary Armstrong

87

Page 102, line 47 [Schedule 4], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

88

Page 104, line 22 [Schedule 4], at end insert—

    ‘(4) But sub-paragraph (3) above does not prevent the Commission from considering afresh a question decided in proceedings on a reference if it appears to the Commission—

      (a) that there has been a change of circumstances, or

      (b) that the decision is inconsistent with a later judicial decision.’.


Hilary Armstrong

89

Page 105, line 34 [Schedule 4], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

90

Page 109, line 4 [Schedule 6], leave out ‘Secretary of State’ and insert ‘Minister’.

Hilary Armstrong

91

Page 109, line 37 [Schedule 6], leave out ‘Secretary of State’ and insert ‘Minister’.

Hilary Armstrong

92

Page 109, line 39 [Schedule 6], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

93

Page 110, line 30 [Schedule 6], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

94

Page 113, line 33 [Schedule 6], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

95

Page 115, line 16 [Schedule 6], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

96

Page 116, line 23 [Schedule 7], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

97

Page 118, line 4 [Schedule 7], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

98

Page 119, line 29 [Schedule 7], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

99

Page 120, line 44 [Schedule 7], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

100

Page 122, line 6 [Schedule 7], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

101

Page 125, line 35 [Schedule 7], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

102

Page 126, line 32 [Schedule 7], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

103

Page 129, line 28 [Schedule 7], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

104

Page 130, line 5 [Schedule 7], leave out ‘Secretary of State’ and insert ‘Minister’.


Hilary Armstrong

105

Page 132, line 10 [Schedule 7], leave out ‘of the Secretary of State’.


Hilary Armstrong

106

Page 137, line 25 [Schedule 8], at end insert—

    Recreational Charities Act 1958 (c. 17)

38A In section 6 of the Recreational Charities Act 1958 (short title and extent) for subsection (2) substitute—

      “(2) Section 1 of this Act, as amended by section 5 of the Charities Act 2006, has the same effect in relation to the law of Scotland or Northern Ireland as section 5 of that Act has by virtue of section 79(3) to (3C) of that Act.

      (3) Sections 1 and 2 of this Act, as in force before the commencement of section 5 of that Act, continue to have effect in relation to the law of Scotland or Northern Ireland so far as they affect the construction of any references to charities or charitable purposes which—

        (a) are to be construed in accordance with the law of England and Wales, but

        (b) are not contained in enactments relating to matters of the kind mentioned in section 79(3A) or (3C) of that Act.”’.


Hilary Armstrong

107

Page 145, line 12 [Schedule 8], at end insert—

    ‘(1A) In subsection (1) after the definition of “institution” insert—

      ““the Minister” means the Minister for the Cabinet Office;”.’.


Hilary Armstrong

108

Page 150, line 16 [Schedule 8], leave out ‘that section’ and insert ‘section 13(4)(b) of that Act’.


Martin Horwood

129

* Page 153, line 1 [Schedule 8], after ‘manager’, insert ‘or interim trustee’.


Hilary Armstrong

109

Page 161, line 3 [Schedule 8], at end insert—

    ‘(9) In subsection (8) for “in subsection (3)” substitute “to subsection (3)”.’.


Hilary Armstrong

110

Page 166, line 4 [Schedule 8], leave out ‘19B’ and insert ‘19C’.

Hilary Armstrong

111

Page 166, line 29 [Schedule 8], at end insert—

    ‘(3A) At the end add “or section 75D”.’.


Hilary Armstrong

112

Page 169, line 11 [Schedule 8], at end insert—

      ‘““the Minister” means the Minister for the Cabinet Office;”’.

Hilary Armstrong

113

Page 169, line 15 [Schedule 8], at end insert—

‘173A In section 97(3) (general interpretation) for “Part IV or IX” substitute “Part 4, 7, 8A or 9”.’.


Hilary Armstrong

114

Page 176, line 37 [Schedule 9], leave out ‘paragraphs (x) and (zb)’ and insert ‘paragraph (x)’.


Hilary Armstrong

115

Page 179, line 2 [Schedule 10], leave out paragraph 12 and insert—

‘12 The amendment made by section 36 does not affect the payment of remuneration or provision of services in accordance with an agreement made before the day on which that section comes into force.’.


Hilary Armstrong

116

Page 180, line 11 [Schedule 10], leave out paragraphs 21 and 22.

ORDER OF THE HOUSE [26TH JUNE 2006]

       That the following provisions shall apply to the Charities Bill [Lords]:

Committal

        1. The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

        2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 13th July 2006.

        3. The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

        4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

        5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

        6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

        7. Any other Proceedings on the Bill (including any proceedings on consideration of any message from the Lords) may be programmed.


 
 
previous section contents  
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries ordering index


© Parliamentary copyright 2006
Prepared: 24 October 2006