Charities Bill [HL]

Session 2010 - 11
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Other Bills before Parliament

Charities Bill [HL]

Charities Bill [HL]

[A Table showing the origin of the provisions of this consolidation Bill is
published as a separate document annexed to this Bill. The Table has no official
status.]
EUROPEAN CONVENTION ON HUMAN RIGHTS
Baroness Verma has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Charities Bill [HL] are compatible with the
Convention rights.

HL Bill 50
55/1

Charities Bill [HL]

Contents
Part 1
Meaning of “charity” and “charitable purpose”
Chapter 1
General
Charity
1
Meaning of “charity”
Charitable purpose
2
Meaning of “charitable purpose”
3
Charitable purpose: purposes which can be charitable purposes
4
Charitable purpose: the public benefit requirement
Recreational trusts and registered sports clubs
5
Recreational and similar trusts, etc.
6
Registered sports clubs
Supplementary
7
Application of this Chapter in relation to Scotland
8
Application of this Chapter in relation to Northern Ireland
9
Interpretation
Chapter 2
Special provision for this Act
10
Ecclesiastical corporations etc. not charities in certain contexts
11
Charitable purposes
12
Directions as to what is (or is not) a separate charity

HL Bill 50
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Charities Bill [HL]
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Part 2
The Charity Commission and the Official Custodian for Charities
The Commission
13
The Charity Commission
14
The Commission’s objectives
15
The Commission’s general functions
16
The Commission’s general duties
17
Guidance as to operation of public benefit requirement
18
Supply by Commission of copies of documents
19
Fees and other amounts payable to Commission
20
Incidental powers
The official custodian
21
The official custodian for charities
Part 3
Exempt charities and the principal regulator
Exempt charities
22
Meaning of “exempt charity” and Sch.3
23
Power to amend Sch.3 so as to add or remove exempt charities
24
Power to remove defunct institutions from Sch.3
The principal regulator
25
Meaning of “the principal regulator”
26
General duty of principal regulator in relation to exempt charity
27
Power to make amendments in connection with s.26
28
Commission to consult principal regulator
Part 4
Registration and names of charities
The register
29
The register
Charities required to be registered
30
Charities required to be registered: general
31
Restrictions on extending the range of excepted charities etc.
32
Power to alter sums specified in s.30 (2)
33
Power to repeal provisions relating to excepted charities
Removal of charities from register
34
Removal of charities from register

Charities Bill [HL]
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Registration: duties of trustees and claims and objections
35
Duties of trustees in connection with registration
36
Claims and objections to registration
Effect of registration and right to inspect register
37
Effect of registration
38
Right to inspect register
Disclosure of registered charity status
39
Statement required to be made in official publications etc.
40
Power to alter sum specified in s.39 (1)
41
Offences
Power to require charity’s name to be changed
42
Power to require name to be changed
43
Duty of charity trustees on receiving direction under s.42
44
Change of name not to affect existing rights and obligations etc.
45
Change of name where charity is a company
Part 5
Information powers
Inquiries instituted by Commission
46
General power to institute inquiries
47
Obtaining evidence etc. for purposes of inquiry
48
Power to obtain search warrant for purposes of inquiry
49
Execution of search warrant
50
Publication of results of inquiries
51
Contributions by local authorities to inquiries into local charities
Power to call for documents and search records
52
Power to call for documents
53
Power to search records
Disclosure of information
54
Disclosure to Commission: general
55
Disclosure to Commission: Revenue and Customs information
56
Disclosure by Commission: general
57
Disclosure by Commission: Revenue and Customs information
58
Disclosure to and by principal regulators of exempt charities
59
Disclosure: supplementary
Supply of false or misleading information to Commission etc.
60
Supply of false or misleading information to Commission etc.

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Part 6
Cy-près powers and assistance and supervision of charities by court and
Commission
Cy-près powers and variation of charters
61
Duty of trustees in relation to application of property cy-près
62
Occasions for applying property cy-près
63
Application cy-près: donor unknown or disclaiming
64
Donors treated as unidentifiable
65
Donors treated as disclaiming
66
Unknown and disclaiming donors: supplementary
67
Cy-près schemes
68
Charities governed by charter, or by or under statute
Powers of Commission to make schemes etc.
69
Commission’s concurrent jurisdiction with High Court for certain purposes
70
Restrictions on Commission’s concurrent jurisdiction
71
Exercise of Commission’s concurrent jurisdiction: notice
72
Power to alter sum specified in s.70 (3)
73
Powers to make schemes altering provision made by Acts, etc.
74
Restriction on expenditure on promoting Bills
75
Further powers to alter application of charitable property
Powers of Commission to act for protection of charities etc.
76
Suspension of trustees etc. and appointment of interim managers
77
Offence of contravening certain orders under s.76
78
Interim managers: supplementary
79
Removal of trustee or officer etc. for protective etc. purposes
80
Other powers to remove or appoint charity trustees
81
Removal or appointment of charity trustees etc.: supplementary
82
Removal of trustees etc.: notice
83
Power to suspend or remove trustees etc. from membership of charity
84
Power to direct specified action to be taken
85
Power to direct application of charity property
86
Copy of certain orders, and reasons, to be sent to charity
87
Supervision by Commission of certain Scottish charities
Publicity relating to schemes and orders
88
Publicity relating to schemes
89
Publicity for orders relating to trustees or other individuals
Property vested in official custodian
90
Entrusting charity property to official custodian, and termination of trust
91
Supplementary provisions as to property vested in official custodian
Official custodian and Reverter of Sites Act 1987
92
Divestment of official custodian where 1987 Act due to operate

Charities Bill [HL]
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93
Divestment of official custodian where 1987 Act has operated
94
Vesting of land in relevant charity trustees following divestment
95
Supplementary provisions in connection with 1987 Act
Establishment of common investment or deposit funds
96
Power to make common investment schemes
97
Bodies which may participate in common investment schemes
98
Provisions which may be included in common investment schemes
99
Further provisions relating to common investment schemes and funds
100
Power to make common deposit schemes
101
Bodies which may participate in common deposit schemes
102
Provisions which may be included in common deposit schemes
103
Further provisions relating to common deposit schemes and funds
104
Meaning of “Scottish recognised body” and “Northern Ireland charity”
Power to authorise dealings with charity property, ex gratia payments etc.
105
Power to authorise dealings with charity property etc.
106
Power to authorise ex gratia payments etc.
Power to give directions about dormant bank accounts of charities
107
Power to direct transfer of credits in dormant bank accounts
108
Accounts which cease to be dormant before transfer
109
Dormant bank accounts: supplementary
Additional powers of Commission
110
Power to give advice
111
Power to determine membership of charity
112
Power to order assessment of solicitor’s bill
Legal proceedings relating to charities
113
Petitions for winding up charities under Insolvency Act
114
Proceedings by the Commission
115
Proceedings by other persons
Supplementary
116
Effect of provisions relating to vesting or transfer of property
Part 7
Charity land
Restrictions on dispositions of land in England and Wales
117
Restrictions on dispositions of land: general
118
Meaning of “connected person” in s.117 (2)
119
Requirements for dispositions other than certain leases
120
Requirements for leases which are for 7 years or less etc.
121
Additional restrictions where land held for stipulated purposes

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Revised 4 March 2011