rs2132510.1164-1170

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 25th October 2006
1164

Charities Bill–[ [], continued

Hilary Armstrong

Agreed to  22

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

Martin Horwood

Not selected  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

Agreed to  23

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

Hilary Armstrong

Agreed to  24

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

‘(a)
’.

Hilary Armstrong

Agreed to  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have given intimation, which has not subsequently been withdrawn, that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

Agreed to  26

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

Hilary Armstrong

Agreed to  27

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

Report Stage Proceedings: 25th October 2006
1165

Charities Bill–[ [], continued

Hilary Armstrong

Agreed to  28

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

Hilary Armstrong

Agreed to  29

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

Hilary Armstrong

Agreed to  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

Agreed to  31

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

Hilary Armstrong

Agreed to  32

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

Hilary Armstrong

Agreed to  33

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

Hilary Armstrong

Agreed to  34

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

meeting’.

Report Stage Proceedings: 25th October 2006
1166

Charities Bill–[ [], continued

Hilary Armstrong

Agreed to  35

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

Hilary Armstrong

Agreed to  36

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

Hilary Armstrong

Agreed to  37

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

Martin Horwood

Not called  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

Agreed to  38

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

Hilary Armstrong

Agreed to  39

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

Hilary Armstrong

Agreed to  40

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

Report Stage Proceedings: 25th October 2006
1167

Charities Bill–[ [], continued

Hilary Armstrong

Agreed to  41

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

Hilary Armstrong

Agreed to  42

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

relevant Minister’.

Hilary Armstrong

Agreed to  43

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

Minister’.

Hilary Armstrong

Agreed to  44

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

Minister’.

Hilary Armstrong

Agreed to  45

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

Minister’.

Hilary Armstrong

Agreed to  46

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

Minister’.

Hilary Armstrong

Agreed to  47

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

Minister’.

Hilary Armstrong

Agreed to  48

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

relevant Minister’.

Hilary Armstrong

Agreed to  49

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

Minister’.

Hilary Armstrong

Agreed to  50

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

Report Stage Proceedings: 25th October 2006
1168

Charities Bill–[ [], continued

Minister’.

Hilary Armstrong

Agreed to  51

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

him of any’.

Hilary Armstrong

Agreed to  52

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

Minister’.

Hilary Armstrong

Agreed to  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

Agreed to  54

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

Hilary Armstrong

Agreed to  55

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

Hilary Armstrong

Agreed to  56

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

Hilary Armstrong

Agreed to  57

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

Hilary Armstrong

Agreed to  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

Agreed to  58

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

relevant Minister’.

Report Stage Proceedings: 25th October 2006
1169

Charities Bill–[ [], continued

Hilary Armstrong

Agreed to  59

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

Minister’.

Hilary Armstrong

Agreed to  60

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

relevant Minister’.

Hilary Armstrong

Agreed to  61

Page  79,  line  29  [Clause  74],  after ‘76’ insert ‘or (Amendments reflecting changes

in company law audit provisions)’.

Hilary Armstrong

Agreed to  62

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

relevant Minister’.

Hilary Armstrong

Agreed to  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

Agreed to  64

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

relevant Minister’.

Hilary Armstrong

Agreed to  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

Agreed to  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

Agreed to  67

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

Report Stage Proceedings: 25th October 2006
1170

Charities Bill–[ [], continued

Hilary Armstrong

Agreed to  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

Agreed to  69

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

‘(ca)
section (Amendments reflecting changes in company law audit

provisions),’.

Hilary Armstrong

Agreed to  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

Agreed to  71

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

Hilary Armstrong

Agreed to  72

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

Hilary Armstrong

Agreed to  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,