Charities Bill [HL]

In most circumstances, we would be talking about a matter of days. However, the commission has to consider what is reasonable in the   circumstances. It is in the spirit of the way in which the commission works that its members would want to conduct these things at a fair pace so that people have some certainty and proper understanding of why particular actions have had to be adopted. It is also the case that trustees will be given information about how to ask the commission formally to review a decision which it has made and about statutory rights of appeal. The commission’s usual practice when appointing a receiver and manager is to inform the trustees on the day of the appointment and to ensure that reasons are given for that appointment. It is the usual practice that, on the day on which an appointment is made, trustees will be informed and the process will be explained to them. That is best regulatory practice. In addition, the reasons why a receiver and manager were appointed will be included in the inquiry report. It will be set out in no uncertain terms. The current legal framework allows the commission to inform trustees in accordance with its usual practice, as I have described above, while providing flexibility for the particular cases when the commission must have discretion to act in the best interests of the charity. It is usually the case that trustees are informed on the day and in extreme circumstances in a matter of days, and in any event reasons will have been set out and carefully explained to those trustees. That is why I said that, in spirit, there is not a great deal of distance between us. However, because of the need to protect the charity—its assets and property and the way it is managed—we do not think that we can accept this amendment.