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| | Wednesday 25th October 2006 |
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| | Charities Bill [Lords], As Amended
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| | | Amendments reflecting changes in company law audit provisions |
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| | To move the following Clause:— |
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| | | ‘(1) | The Minister may by order make such amendments of the 1993 Act or this Act as |
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| | | he considers appropriate— |
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| | | (a) | in consequence of, or in connection with, any changes made or to be |
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| | | made by any enactment to the provisions of company law relating to the |
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| | | accounts of charitable companies or to the auditing of, or preparation of |
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| | | reports in respect of, such accounts; |
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| | | (b) | for the purposes of, or in connection with, applying provisions of |
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| | | Schedule 5A to the 1993 Act (group accounts) to charitable companies |
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| | | that are not required to produce group accounts under company law. |
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| | | “accounts” includes group accounts; |
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| | | “amendments” includes repeals and modifications; |
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| | | “charitable companies” means companies which are charities; |
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| | | “company law” means the enactments relating to companies.’. |
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| | | Small charities: remitance of fees |
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| | To move the following Clause:— |
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| | | ‘(1) | Where any fee or charge is payable to a local authority under any enactment, the |
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| | | local authority may draw up and operate a scheme of fee remittances for any class |
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| | | (2) | “Small charity” in this section means any charity with a turnover of less than |
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| | | Property from trusts in residuary legacies |
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| | | Negatived on division nc3 |
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| | To move the following Clause:— |
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| | | ‘After section 36(3) of the Charities Act 1993 (c. 10) insert— |
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| | | “(3A) | Subsection (3) above shall not apply to any such land that is left in a will |
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| | | (3B) | Subsection (3A) above shall not preclude charity trustees commissioning |
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| | | a report in accordance with subsection (3) if they so wish.”.’. |
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| | | Ethical investment by charities |
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| | To move the following Clause:— |
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| | | ‘(1) | The Commission shall maintain a list of recognised ethical investment funds. |
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| | | (2) | It shall be lawful for any charity to invest in a recognised ethical investment fund, |
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| | | regardless of any rule of law to the contrary. |
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| | | (3) | The power to invest in a recognised ethical investment fund is supplementary to |
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| | | any existing power of investment and shall not restrict any such power. |
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| | | (4) | In judging whether to recognise an ethical investment fund, the Commission shall |
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| | | (a) | whether the investment policy of the fund can reasonably be described as |
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| | | (b) | whether the fund complies with its stated objectives, |
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| | | (c) | whether the fund provides a reasonable rate of return at a reasonable level |
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| | | (d) | any other matter the Commission thanks relevant to the protection of |
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| | | charities and the goal of promoting ethical investment. |
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| | | (5) | The Commission shall have power to remove a fund from the list if it comes to |
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| | | the conclusion that the fund should no longer be included having taken into |
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| | | account the matters mentioned in subsection (4). |
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| | | (6) | Any interested person may apply to the Charity Tribunal to set aside any decision |
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| | | by the Commission to include a fund on the list, to refuse to include a fund on the |
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| | | list or to remove a fund from the list.’. |
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| | To move the following Clause:— |
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| | | ‘(1) | When exercising any power under this Act with relation to a university, the |
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| | | Commission and the principal regulators of exempt charities shall be bound by a |
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| | | duty to protect academic freedom. |
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| | | (2) | “Academic freedom” shall have the meaning attributed to it by section 32 of the |
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| | | Higher Education Act 2004. |
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| | | (3) | “University” shall have the meaning attributed to it by section 90(3) of the Further |
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| | | and Higher Education Act 1992, but it shall be immaterial whether a university |
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| | | receives any public support.’. |
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| | | Negatived on division 123 |
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| | Page 2, line 10 [Clause 2], after ‘religion’, insert ‘or belief’. |
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| | Page 2, line 16 [Clause 2], after ‘religious or racial harmony or equality and |
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| | diversity’ and insert ‘harmony or equality between races, religions and beliefs’. |
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| | Page 2, line 22 [Clause 2], at end insert ‘, or of the efficiency of the police, fire and |
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| | rescue services or ambulance services’. |
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| | Page 2, line 27 [Clause 2], at end insert— |
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| | | ‘(aa) | in paragraph (c) “belief”, and in paragraph (h) “beliefs”, are to be |
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| | | construed in accordance with article 9 in Schedule 1 of the Human Rights |
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| | Page 2, line 34 [Clause 2], leave out ‘sport which involves physical skill and |
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| | exertion; and’ and insert ‘sports or games which promote health by involving physical or |
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| | mental skill or exertion’. |
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| | Page 2, line 35 [Clause 2], after ‘exertion’ insert ‘or which, on the day this section |
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| | comes into force, are sports or disciplines open to competition in games organised by: |
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| | | (i) | the International Olympic Committee; |
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| | | (ii) | the International Paralympic Committee; or |
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| | | (iii) | the Commonwealth Games Federation.’. |
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| | Page 2, line 37 [Clause 2], at end insert ‘; and |
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| | | (f) | in paragraph (l) “fire and rescue services” means services provided by |
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| | | fire and rescue authorities under Part 2 of the Fire and Rescue Services |
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| | | Negatived on division 126 |
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| | Page 3, line 22 [Clause 3], after ‘not’, insert ‘save in the case of section 2(2)(c),’. |
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| | Page 3, line 23 [Clause 3], at end insert— |
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| | | ‘(2A) | In determining whether that requirement is satisfied in relation to any such |
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| | | purpose, consideration must be given to the effect of placing any undue restriction |
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| | | on obtaining that benefit.’. |
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| | Page 6, line 35 [Clause 6], at end insert— |
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| | | ‘7 | Giving information or advice or making proposals to any member or members |
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| | | of the public interested in registering a charity under subsection (3), including |
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| | | advice not to register.’. |
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| | Page 7, line 28 [Clause 7], at end insert— |
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| | | ‘5A | In performing its functions the Commission must have regard to the interests |
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| | Page 8, line 16 [Clause 8], leave out second ‘of’ and insert ‘made or not made by’. |
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| | Page 8, line 20 [Clause 8], at end insert— |
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| | | ‘(c) | such appeals and applications as may be made to the Tribunal, in respect |
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| | | of decisions, orders or directions not made by the Commission which |
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| | | could reasonably have been made by the Commission.’. |
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| | Page 8, line 20 [Clause 8], at end insert— |
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| | | ‘(d) | any appeal or application as may be made to the Tribunal relating to any |
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| | | decision made by the Secretary of State under this Act.’. |
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| | Page 9, line 40 [Clause 8], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| | Page 9, line 40 [Clause 8], at end insert— |
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| | | (1) | The Tribunal shall administer a fund (“the suitors fund”) from which it will |
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| | | contribute to the costs of those seeking to bring appeals and applications in |
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| | | accordance with Schedule 1C of this Act or appeals in acccordance with section |
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| | | (2) | The fund shall be provided by the Commission.’. |
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| | Page 11, line 39 [Clause 9], leave out ‘(subject to subsection (11))’. |
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| | Page 11, line 41 [Clause 9], leave out from beginning to end of line 3 on page 12. |
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| | Page 12, line 22 [Clause 9], leave out ‘by the Commission’. |
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| | Page 12, line 31 [Clause 9], leave out ‘by the Secretary of State’. |
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| | Page 13, line 8 [Clause 9], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| | Page 13, line 13 [Clause 9], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| | Page 13, line 22 [Clause 9], after ‘(7)’, insert ‘(a)’. |
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| | Page 13, line 26 [Clause 9], leave out from ‘day’ to ‘(registration’ in line 27 and |
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| | insert ‘on which subsections (1) to (5) above come into force by virtue of an order under |
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| | section 78 of the Charities Act 2006 relating to section 9 of that Act’. |
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| | Page 13, line 41 [Clause 9], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| | Page 14, line 7 [Clause 9], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| | Page 14, line 30 [Clause 9], leave out ‘(subject to section 3(11) above)’. |
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| | Page 14, line 34 [Clause 10], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| | Page 14, line 34 [Clause 10], leave out ‘commencement of section 9 above’ and |
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| | Page 14, line 43 [Clause 10], leave out from ‘the’ to end of line 44 and insert |
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| | | (4) | In this section “the appointed day” means the day on which section 3A(1) to (5) |
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| | | of the 1993 Act (as substituted by section 9 of this Act) come into force by virtue |
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| | | of an order under section 78 of this Act.’. |
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| | Page 15, line 21 [Clause 11], leave out subsection (9). |
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| | Page 15, line 36 [Clause 11], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| | Page 16, line 2 [Clause 11], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| | Page 16, line 8 [Clause 11], leave out ‘Secretary of State’ and insert ‘Minister’. |
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| | Page 16, line 32 [Clause 13], leave out ‘Secretary of State’ and insert ‘Minister’. |
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