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Wednesday 25th October 2006 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— “(3A) Subsection (3) above shall not apply to any such land that is left in a will to a charity. (3B) Subsection (3A) above shall not preclude charity trustees commissioning a report in accordance with subsection (3) 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 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
David Taylor Helen Jones Mr Ronnie Campbell 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’. |
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| © Parliamentary copyright 2006 | Prepared: 25 October 2006 |