DCH 74 Jonathan Dawson
From:
Jonathan Dawson [jonathan.dawson@virgin.net]Sent: 17 June
2004 12:18To: scrutiny@parliament.ukSubject: Charities
Bill
I comment on the draft Charities Bill
as follows by reference to the section number.
2 I understand that the charitable
activities described in the Recreational Charities Act 1958 were
deliberately not included in subsection (2) and so community centres,
village halls and similar bodies will continue to be charitable
under that Act. As I work closely with community centres, village
halls and their umbrella bodies, I would welcome official confirmation
that the 1958 Act will not be repealed.
2(2)(e) The advancement of citizenship
and community development. This is new and raises uncertainties.
Section 2(3)(b) is helpful in explaining what charitable purpose
(e) includes but I feel that it should be expanded to include
the promotion of racial harmony and equality of opportunity.
7 This provides (in new s.3A(2)(d))
that charities with income not exceeding £5000 do not have
to register. The existing requirement that an organisation that
uses or occupies land must register has been removed. I do not
know or understand why this has been done. This is very much a
village hall issue. I believe that it is important that village
halls with security of tenure should be required to register as
charities (whatever their gross income). Accordingly, I would
like to see the existing requirement as to use or occupation of
land (s.3(5)(c) of the 1993 Act) stay.
26 I appreciate that much of the detail
relating to CIOs will be the subject of regulations. However,
I believe that the Bill should include two further specific constitutional
requirements:
(a) in new s.69C, a provision similar
to s.14 of the Companies Act 1985, namely that the CIO constitution
binds the CIO and its members to the same extent as if they respectively
had been signed by each member, and contained covenants on the
part of each member to observe all the provisions of the constitution.
(b) in new s.69M, provisions similar
to ss.15 and 263 of the Companies Act 1985 stating that any provision
in the constitution or any resolution of the CIO to give any person
a right to participate in distribution of profits or assets is
void.
These are, I believe, important points
of principle that should not be left to regulations.
Additionally, I believe that a definition
of 'member' should be included. New Schedule 5A paragraph 9 states
that it is the duty of each member of a CIO (as well as each trustee)
to perform his functions in good faith in such a way as he decides
would be most likely to further the purposes of the CIO. As this
is a specific duty placed on members, it is essential that this
duty arises at a defined point in time, e.g. as in the case of
a company, when the name of the member is entered on the register
of members.
J F Dawson MA LL.B
Solicitor
34 Tilsworth Road
Beaconsfield
Bucks HP9 1TP
Tel. & fax: 01494 670566
E-mail: jonathan.dawson@virgin.net
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