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Session 2005 - 06
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Other Bills before Parliament

Charities Bill [HL]


 
 

 

Charities Bill [HL]

commons amendments

[The page and line references are to Bill 83, the bill as first printed for the Commons]

Clause 2

1

Page 2, line 22, at end insert “, or of the efficiency of the police, fire and rescue

 

services or ambulance services”

2

Page 2, line 34, 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”

3

Page 2, line 37, 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 Fire and Rescue

 

Services Act 2004 (c. 21).”

Clause 8

4

Page 9, line 40, leave out “Secretary of State” and insert “Minister”

Clause 9

5

Page 11, line 39, leave out “(subject to subsection (11))”

6

Page 11, line 41, leave out from beginning to end of line 3 on page 12

7

Page 12, line 22, leave out “by the Commission”

8

Page 12, line 31, leave out “by the Secretary of State”

9

Page 13, line 8, leave out “Secretary of State” and insert “Minister”

10

Page 13, line 13, leave out “Secretary of State” and insert “Minister”

11

Page 13, line 22, after “(7)” insert “(a)”

12

Page 13, line 26, 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 77 of the Charities Act 2006 relating to section 9 of that Act”

 
 
HL Bill 16054/1

 
 

 

(  2  )

13

Page 13, line 41, leave out “Secretary of State” and insert “Minister”

14

Page 14, line 7, leave out “Secretary of State” and insert “Minister”

15

Page 14, line 30, leave out “(subject to section 3(11) above”

Clause 10

16

Page 14, line 34, leave out “commencement of section 9 above” and insert

 

“appointed day”

17

Page 14, line 34, leave out “Secretary of State” and insert “Minister”

18

Page 14, line 43, 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 77 of this Act.”

Clause 11

19

Page 15, line 21, leave out subsection (9)

20

Page 15, line 36, leave out “Secretary of State” and insert “Minister”

21

Page 16, line 2, leave out “Secretary of State” and insert “Minister”

22

Page 16, line 8, leave out “Secretary of State” and insert “Minister”

23

Page 16, line 32, leave out “Secretary of State” and insert “Minister”

24

Page 16, line 34, leave out “Secretary of State” and insert “Minister”

Clause 22

25

Page 22, line 8, leave out “Secretary of State” and insert “Minister”

Clause 23

26

Page 24, leave out lines 14 to 17 and insert—

 

“(a)    

a Scottish recognised body, or

 

(b)    

a Northern Ireland charity,”

27

Page 24, leave out lines 32 to 35 and insert—

 

“(a)    

a Scottish recognised body, or

 

(b)    

a Northern Ireland charity,”

28

Page 24, line 44, at end insert—

 

“(3A)    

After section 25 insert—

 

“25A  

Meaning of “Scottish recognised body” and “Northern Ireland

 

charity” in sections 24 and 25

 

(1)    

In sections 24 and 25 above “Scottish recognised body” means a

 

body—

 

(a)    

established under the law of Scotland, or

 

(b)    

managed or controlled wholly or mainly in or from

 

Scotland,


 
 

 

(  3  )

 
 

    

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 body which

 

is applicable and applied to charitable purposes only.

 

(2)    

In those sections “Northern Ireland charity” means an institution—

 

(a)    

which is a charity under the law of Northern Ireland, 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.”

29

Page 25, line 2, leave out “and 25” and insert “to 25A”

Clause 24

30

Page 25, line 22, after “court” insert “or the Tribunal”

Clause 27

31

Page 29, line 17, after “(2)”, insert “above””

Clause 28

32

Page 30, line 15, leave out “Secretary of State” and insert “Minister”

Clause 29

33

Page 31, leave out line 21

Clause 37

34

Page 37, line 11, leave out “(5) to (7)” and insert “(4) to (6)”

Clause 38

35

Page 38, line 3, leave out “or directors”

36

Page 38, leave out lines 13 to 21 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.””


 
 

 

(  4  )

 

Clause 39

37

Page 39, line 23, leave out “Secretary of State” and insert “Minister”

Clause 40

38

Page 41, line 27, leave out “Secretary of State” and insert “Minister”

Clause 41

39

Page 45, line 1, leave out “Secretary of State” and insert “Minister”

Clause 42

40

Page 45, line 24, at end insert “in response to the question put to the meeting”

Clause 43

41

Page 46, leave out lines 34 to 36

42

Page 48, line 29, leave out “Secretary of State” and insert “Minister”

43

Page 49, line 33, leave out “Secretary of State” and insert “Minister”

Clause 45

44

Page 53, line 21, leave out “to give money or other property” and insert “which is—

 

(i)    

an appeal to them to give money or other property, or

 

(ii)    

an appeal falling within subsection (4),

 

(or both) and”

45

Page 53, line 35, leave out subsections (4) and (5) and insert—

 

“(4)    

An appeal falls within this subsection if it consists in or includes—

 

(a)    

the making of an offer to sell goods or to supply services, or

 

(b)    

the exposing of goods for sale,

 

    

to members of the public.”

Clause 63

46

Page 68, line 19, leave out “Secretary of State” and insert “Minister”

47

Page 69, line 10, leave out “Secretary of State” and insert “Minister”

Clause 68

48

Page 73, line 20, leave out “Secretary of State” and insert “Minister”

Clause 69

49

Page 73, line 26, leave out “Secretary of State” and insert “Minister”

Clause 70

50

Page 75, line 5, leave out “The Secretary of State” and insert “A relevant Minister”


 
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