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Charities Bill [HL]

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 44 and 45. I shall speak also to Amendment No. 122. Amendments Nos. 44 and 45 were recommended by the parliamentary draftsman, to achieve clarity in the wording of the Bill. They do not change the meaning or effect of the Bill. I am led to understand that Amendment No. 122, however, makes a more substantive change, to preserve an existing power which continues to be useful and which the Bill would, without this amendment, inadvertently have repealed. It is to do with the regulation of street collections. The Police, Factories, etc. (Miscellaneous Provisions) Act 1916 currently allows local authorities to regulate such collections. The provisions of the Charities Bill will replace those of the 1916 Act for the regulation of street collections which are for charitable, benevolent or philanthropic purposes, but the Bill will not make provision for the regulation of street collections for purposes other than charitable, benevolent or philanthropic purposes. The effect of the amendment is to preserve local authorities’ powers under the 1916 Act to regulate street collections for purposes other than charitable, benevolent or philanthropic purposes. The particular example mentioned to us as justifying the preservation of this power was the collection by animal rights activists, some of whom might deserve the label of extremists and who might use the proceeds of collections for purposes which were clearly not charitable, philanthropic or benevolent. We think it right that local authorities should continue to have the power to regulate such collections. I am sure that the noble Lords, Lord Hodgson of Astley Abbots and Lord Shutt of Greetland, would agree with me on that. I am sure that we could think of other collections that were not charitable, and do not fall into that definition, where it is quite right that the local authority has a regulatory role. I know that a number of my colleagues in another place have made that case forcefully. I pay tribute in particular to my long-term friend and colleague David Lepper, MP, who has drawn attention to some of the difficulties that can arise through less than philanthropic or charitable activity by some street collectors. Moved, That the House do agree with the Commons in their Amendments Nos. 44 and 45—(Lord Bassam of Brighton.) On Question, Motion agreed to. 46: Clause 63, 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”” 48: Clause 68, page 73, line 20, leave out ““Secretary of State”” and insert ““Minister”” 49: Clause 69, page 73, line 26, leave out ““Secretary of State”” and insert ““Minister”” 50: Clause 70, page 75, line 5, leave out ““The Secretary of State”” and insert ““A relevant Minister”” 51: Page 75, line 16, leave out ““Secretary of State”” and insert ““relevant Minister”” 52: Page 75, line 20, leave out ““Secretary of State”” and insert ““relevant Minister”” 53: Page 75, line 22, leave out ““Secretary of State”” and insert ““relevant Minister”” 54: Page 75, line 30, leave out ““Secretary of State”” and insert ““relevant Minister”” 55: Page 75, line 34, leave out ““Secretary of State”” and insert ““relevant Minister”” 56: Page 75, line 35, leave out ““The Secretary of State”” and insert ““A relevant Minister”” 57: Page 76, line 2, leave out ““the Secretary of State”” and insert ““a relevant Minister”” 58: Page 76, line 3, leave out ““Secretary of State”” and insert ““relevant Minister”” 59: Page 76, line 4, leave out ““the exercise of”” and insert ““any exercise by him of any”” 60: Page 76, line 6, leave out ““Secretary of State”” and insert ““relevant Minister”” 61: Page 76, line 11, at end insert- ““(11) In this section ““relevant Minister”” means the Secretary of State or the Minister for the Cabinet Office.”” 62: Before Clause 72, insert the following new Clause- ““Disclosure of information to and by Northern Ireland regulator (1) This section applies if a body (referred to in this section as ““the Northern Ireland regulator””) is established to exercise functions in Northern Ireland which are similar in nature to the functions exercised in England and Wales by the Charity Commission. (2) The Minister may by regulations authorise relevant public authorities to disclose information to the Northern Ireland regulator for the purpose of enabling or assisting the Northern Ireland regulator to discharge any of its functions. (3) If the regulations authorise the disclosure of Revenue and Customs information, they must contain provision in relation to that disclosure which corresponds to the provision made in relation to the disclosure of such information by section 10(2) to (4) of the 1993 Act (as substituted by paragraph 99 of Schedule to this Act). (4) In the case of information disclosed to the Northern Ireland regulator pursuant to regulations made under this section, any power of the Northern Ireland regulator to disclose the information is exercisable subject to any express restriction subject to which the information was disclosed to the Northern Ireland regulator. (5) Subsection (4) does not apply in relation to Revenue and Customs information disclosed to the Northern Ireland regulator pursuant to regulations made under this section; but any such information may not be further disclosed except with the consent of the Commissioners for Her Majesty’s Revenue and Customs. (6) Any person specified, or of a description specified, in regulations made under this sectionwho discloses information in contravention of subsection (5) is guilty of an offence and liable- (a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both. (7) It is a defence for a person charged withan offence under subsection (5) of disclosing information to prove that he reasonably believed- (a) that the disclosure was lawful, or (b) that the information had already and lawfully been made available to the public. (8) In the application of this section to Scotland or Northern Ireland, the reference to 12 months in subsection (6) is to be read as a reference to 6 months. (9) In this section- ““relevant public authority”” means- (a)any government department (other than a Northern Ireland department), (b)any local authority in England, Wales or Scotland, (c)any person who is a constable in England and Wales or Scotland, (d)any other body or person discharging functions of a public nature (including a body or person discharging regulatory functions in relation to any description of activities), except a body or person whose functions are exercisable only or mainly in or as regards Northern Ireland and relate only or mainly to transferred matters; ““Revenue and Customs information”” means information held as mentioned in section 18(1) of the Commissioners for Revenue and Customs Act 2005 (c. 11); ““transferred matter”” has the same meaning as in the Northern Ireland Act 1998 (c. 47).”” 63: Clause 72, page 77, line 21, leave out ““Secretary of State”” and insert ““Minister”” 64: Page 77, line 31, leave out ““Secretary of State”” and insert ““Minister”” 65: Page 77, line 34, leave out ““Secretary of State”” and insert ““Minister”” 66: Page 77, line 40, leave out from ““the”” to ““, it”” and insert ““appointed day (within the meaning of section of this Act”” 67: Clause 73, page 78, line 2, leave out ““the Secretary of State”” and insert ““a relevant Minister”” 68: Page 78, line 9, leave out ““Secretary of State”” and insert ““relevant Minister”” 69: Page 78, line 10, leave out ““the Secretary of State”” and insert ““a relevant Minister”” 70: Page 78, line 16, at end insert- ““(ba) any regulations under section (Disclosure of information to and by Northern Ireland regulator),”” 71: Page 78, line 19, after ““”” insert ““or (Amendments reflecting changes in company law audit provisions)”” 72: Page 78, line 21, after ““(b)”” insert ““(ba)”” 73: Page 78, line 22, leave out ““the Secretary of State”” and insert ““a relevant Minister”” 74: Page 78, line 28, at end insert- ““(7) In this section ““relevant Minister”” means the Secretary of State or the Minister for the Cabinet Office.”” 75: Clause 74, page 78, line 34, leave out ““The Secretary of State”” and insert ““A relevant Minister”” 76: Page 78, line 41, at end insert ““(including an enactment restating, with or without modifications, an enactment amended by this Act).”” 77: Page 78, line 41, at end insert- ““(6) In this section ““relevant Minister”” means the Secretary of State or the Minister for the Cabinet Office.”” 78: Clause 75, page 79, line 2, leave out ““Secretary of State”” and insert ““Minister”” 79: Clause 76, page 80, line 8, at end insert- ““(5A) In this Act ““the Minister”” means the Minister for the Cabinet Office.”” 80: Before Clause 77, insert the following new Clause- ““Amendments reflecting changes in company law audit provisions (1) The Minister may by order make such amendments of the 1993 Act or this Act as he considers appropriate- (a) in consequence of, or in connection with, any changes made or to be made by any enactment to the provisions of company law relating to the accounts of charitable companies or to the auditing of, or preparation of reports in respect of, such accounts; (b) for the purposes of, or in connection with, applying provisions of Schedule 5A to the 1993 Act (group accounts) to charitable companies that are not required to produce group accounts under company law. (2) In this section- ““accounts”” includes group accounts; ““amendments”” includes repeals and modifications; ““charitable companies”” means companies which are charities; ““company law”” means the enactments relating to companies.”” 81: Clause 77, page 80, line 15, at end insert- ““(ca) section (Amendments reflecting changes in company law audit provisions),”” 82: Page 80, line 17, at end insert- ““(f) the following provisions of Schedule - paragraph 88(1A), paragraph 99 so far as it confers power to make regulations, and paragraph 169(c), and section (1) so far as relating to those provisions.”” 83: Page 80, line 18, leave out ““Secretary of State”” and insert ““Minister”” 84: Page 80, line 22, leave out ““Secretary of State”” and insert ““Minister”” 85: Clause 78, page 80, line 28, leave out subsections (3) and (4) and insert- ““(3) The following provisions extend also to Scotland- (a) sections to and , (b) section (5), (c) sections (Disclosure of information to and by Northern Ireland regulator) and , (d) section (2) and (3) and Schedules and so far as relating to the Recreational Charities Act 1958 (c. 17), and (e) section (4) and (5), sections to and this section. (3A) But the provisions referred to in subsection (3)(a) and (d) affect the law of Scotland only so far as they affect the construction of references to charities or charitable purposes in enactments which relate to matters falling within Section A1 of Part 2 of Schedule 5 to the Scotland Act 1998 (c. 46) (reserved matters: fiscal policy etc.); and so far as they so affect the law of Scotland- (a) references in sections (1) and (1) to the law of England and Wales are to be read as references to the law of Scotland, and (b) the reference in section (1) to the High Court is to be read as a reference to the Court of Session. (3B) The following provisions extend also to Northern Ireland- (a) sections to and , (b) section (5), (c) section , (d) sections (Disclosure of information to and by Northern Ireland regulator) and , (e) section (2) and (3) and Schedules and so far as relating to the Recreational Charities Act 1958 (c. 17), and (f) section (4) and (5), sections to and this section. (3C) But the provisions referred to in subsection (3B)(a) and (e) affect the law of Northern Ireland only so far as they affect the construction of references to charities or charitable purposes in enactments which relate to matters falling within paragraph 9 of Schedule 2 to the Northern Ireland Act 1998 (c. 47) (excepted matters: taxes and duties); and so far as they so affect the law of Northern Ireland- (a) references in sections (1) and (1) to the law of England and Wales are to be read as references to the law of Northern Ireland, and (b) the reference in section (1) to the High Court is to be read as a reference to the High Court in Northern Ireland.”” 86: Page 80, line 34, leave out ““But this does not apply to”” and insert- ““(6) But subsection (5) does not apply to any amendment or repeal made in the Recreational Charities Act 1958 (c. 17) by a provision referred to in subsection (3) or (3B). (6A) Subsection (5) also does not apply to- (a) ”” 87: Page 80, line 35, after ““(c. 6),”” insert ““or (b) those made by Schedule in the Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31), or (c) the repeal made in that Act by Schedule ,”” 88: Page 80, line 36, leave out subsection (7)