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Charities Bill [Lords] - Sitting 1
25 January 2022
Type
Public Bill Committee
At a Glance
Issue Summary
The statement addresses the Charities Bill [Lords], specifically focusing on clauses related to charity law and processes for amending governing documents. The statement discusses amendments to the Charities Act 2011, focusing on clauses related to charity governance and endowment use. The statement discusses several clauses in the Charities Bill that aim to reduce administrative burdens and provide more flexibility for charities. The statement addresses amendments to charity name regulations under the Charities Bill, focusing on working names and ensuring public clarity. The statement discusses several clauses within the Charities Bill aimed at improving charity law and administrative processes. The statement discusses the progression of the Charities Bill through the House of Commons and addresses amendments and clauses related to charity proceedings, public notice requirements, definition updates for 'connected persons', minor provisions, extent and commencement of the Act.
Action Requested
No specific action is requested, but support and agreement with clause 1 and 2 are expressed. The statement indicates that the Committee will proceed with scrutiny of these clauses as part of the Bill's passage.
Key Facts
- Clause 1 changes the definition of a “regulated alteration” for charities.
- Clause 1 removes the requirement to obtain Charity Commission consent for changing wording if the overall meaning remains unchanged.
- Clause 2 aligns the process for charitable incorporated organisations (CIOs) with that of charitable companies regarding governing document amendments.
- Clause 3 introduces a new power in section 280A of the Charities Act 2011.
- Clause 4 allows charities established by royal charter to amend their documents more easily with approval from Her Majesty by Order in Council.
- Clauses 6 and 7 expand circumstances for using funds from failed fundraising appeals for similar purposes, requiring Charity Commission approval for amounts over £1,000.
- Clause 9 sets a clearer definition of 'permanent endowment', raising the release threshold to £25,000 without Charity Commission consent.
- Clauses 10 to 13 provide trustees with more options to use permanent endowments including borrowing and social investments.
- Clauses 17-24 are agreed upon.
- Clause 15 allows charities to make minor payments under moral obligation without seeking prior approval from the Charity Commission if below a specified threshold.
- Clause 18 removes redundant provisions related to the Universities and College Estates Act 1925.
- Clauses 19 and 20 allow trustees more flexibility in choosing advisers for land disposals and expanding the range of advisors charities can call upon.
- Clause 22 allows charities to grant short-term residential tenancies to employees without Charity Commission consent.
- Clause 25 extends the Charity Commission’s power to direct charity name changes to cover working names.
- Comic Relief is an example of a charity known by a different working name.
- Clauses 26 and 27 allow for delays in registering or changing a charity's name on the register.
- Clause 28 ensures that exempt charities can also be directed to change their names.
- Clause 30 addresses the anomaly of trustee remuneration for goods alone.
- Clause 31 gives the Charity Commission power to authorize payments to trustees for completed work.
- Clause 32 confers trust corporation status on charitable trust trustees automatically.
- Clause 33 enables gifts to go to a merged charity rather than maintaining a shell charity.
- Clause 34 changes the types of property excluded from transfer during mergers.
- Clause 35 ensures language consistency with the new definition of 'permanent endowment'.
- Clause 36 allows the charity tribunal to make authorised costs orders.
- Clause 37 extends the Charity Commission’s discretionary power for giving public notice under the Charities Act 2011.
- Clauses 38 and 39 remove outdated language from the definition of a connected person, allowing future amendments through secondary legislation.
- Clause 40 gives effect to schedule 2 with minor and consequential amendments.
- Amendment 1 removes a privilege amendment inserted in the Lords.
- The Bill will come into force on the day it is passed; other provisions will be implemented based on regulations by statutory instrument.
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