Joint Committee on the Draft Protection of Charities Bill -  Report
Draft Protection of Charities Bill

Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Lords and the House of Commons to be printed 3 February 2015.


Contents


Terms of Reference

Summary

1 Introduction

Background to the Committee's inquiry

Establishment and role of the Committee

A brief overview of the current regulatory framework of the charity sector

A brief overview of the events leading up to the draft Bill

The provisions in the draft Bill

2 Policy context of the draft Bill

What issues does the draft Bill seek to address?

Abuse in the charitable sector—how big is the problem?

Scale of the counter-terrorism problem

Excepted and exempted charities

A more active approach by the Charity Commission

3 power to issue a statutory warning

Issue to be explored

Background to the proposal

Would the power be an effective addition?

Are appropriate safeguards in place?

4 Investigation and inquiry powers

Actions that constitute misconduct and the power to suspend (clause 2)

Misconduct or mismanagement outside of a charity (clause 3)

Resignation to avoid disqualification (clause 4)

Power to remove disqualified trustee (clause 5)

Winding up (clause 6)

Power to direct property to be applied to another charity (clause 7)

Proposals not proceeded with

Use of directions outside an inquiry (Proposal 10)

Preventative directions against acts of potential misconduct
(Proposals 11 & 13)

Monitoring bank accounts (Proposal 14)

5 Disqualification of trustees

Clauses providing for disqualification of trustees

Offences leading to automatic disqualification (clause 8)

a) Money laundering, bribery, misconduct in a public office, perjury and perverting the course of justice (section 178A(1)3-6)

b) Terrorism offences (section 178A(1)1-2)

c) Rehabilitation opportunities for ex-offenders

d) Delegated powers issues (section 178A(4))

Discretionary disqualifying power (clause 9)

a) Fitness to be a charity trustee (section 181A(3)(b))

b) Fit and proper person test (section 181A(4)C)

c) Cautions (section 181A(4)A)

d) Overseas Convictions (section 181A(4)B)

e) Other offences and issues of interpretation (section 181A(4)D-F)

f) Power to add or remove a condition (section 181A(5))

Proposals not proceeded with

Disqualification where only one or two trustees remain (Proposal 4)

Positions of power (Proposal 5)

6 Reporting, Reviews and Appeals

Records of disqualification and removal (clause 10)

Participation in corporate decisions while disqualified (clause 11)

Reviews of the operation of the Act (clause 12)

Appeals against decisions of the Charity Commission  

Conclusions and recommendations

Appendix 1: Members and interests

Appendix 2: Call for Evidence

Appendix 3: Delegated Powers Memorandum

Appendix 4: Human Rights Memorandum

Appendix 5: The Charity Tribunal

Formal Minutes

Witnesses

Published written evidence  


 
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© Parliamentary copyright 2015
Prepared 25 February 2015