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Charities Bill [Lords]

I believe that I am right in saying that about 15 per cent. of the UK’s 190,000 charities are in that category, so it amounts to a significant number. I was about to say that because the order-making power will allow Ministers to amend primary legislation, the order will be subject to the affirmative resolution procedure, and amendment No. 61 achieves that. Amendment No. 65 is designed to ensure that the power to make consequential amendments under clause 75 can be used to amend the Companies Bill, when it is enacted, in line with amendments that the Bill makes to the Companies Act 1985. Amendment No. 30 is the other substantive amendment in the group. It amends new section 73E, inserted by clause 38 into the Charities Act 1993, and arises from the diligence of the hon. Member for Isle of Wight (Mr. Turner)—and not for the first time, either. It is designed to give the court the power to grant relief to the trustees of a charitable incorporated organisation. Section 61 of the Trustee Act 1925 gives the court a power to grant relief to trustees, but the charity trustees of a CIO are not trustees within section 61 of that Act, mainly because the CIO is a new institution. Section 727 of the Companies Act 1985 gives the court the power to grant relief to the officers of a company, but that, too, does not at present apply in the case of a CIO. The amendment therefore provides for section 727 of the Companies Act to have effect in relation to the charity trustees of a CIO. In Committee I promised the hon. Member for Isle of Wight that I would propose an amendment in response to his previous amendment that identified the gap I have just described. I am grateful to him for identifying it. Amendments Nos. 28, 29 and 69 are minor consequential amendments to new clause 1 and amendment No. 30.