Charities Bill Notice of Amendments tabled on 14 November 2012 for Consideration Stage

New Clause

After clause 2 insert -

‘Debt relief orders, debt relief restrictions orders and bankruptcy restrictions orders

2A.-(1) The 2008 Act shall be amended as follows.

(2) In section 33 (power to act for protection of charities), in subsection (4)(a) at the end of sub-paragraph (ii) there shall be added “or

(iii) having previously been the subject of a debt relief order, has been discharged from all the qualifying debts under the debt relief order;”.

(3) In section 86 (persons disqualified for being trustees of a charity)-

(a)  in subsection (1)-

(i)  in paragraph (b), after the word “discharged” there shall be inserted the words “or D is the subject of a bankruptcy restrictions order”;

(ii)  after paragraph (g) there shall be added the following paragraph-

“(h) D is subject to—

(i)  a moratorium period under a debt relief order; or

(ii)  a debt relief restrictions order.”;

(b) in subsection (2)-

(i)  in paragraph (b), for the words “or the sequestration” there shall be substituted the words “, the sequestration or the making of the bankruptcy restrictions order”;

(ii)  in paragraph (d), for “(g) there shall be substituted “(h)”;

(c)  in subsection (3), after “subsection (1)(b)” insert “or (h)”.

(4) In section 87 (person acting as charity trustee while disqualified), in subsection (2)(b) for “or (g)” there shall be substituted “,(g) or (h)”.’

Minister for Social Development

Clause 3

The Minister for Social Development gives notice of his intention to oppose the question that clause 3 stand part of the Bill

Minister for Social Development

Clause 6, Page 3, Line 35

Leave out ‘and section 5(2) or, as the case may be, section 5(1)’ and insert ‘or, as the case may be, subsection (1) or (2) of section 5’

Minister for Social Development

Clause 9, Page 4, Line 21

At end insert -

‘(5) Any other order under this section is subject to negative resolution.’

Minister for Social Development