My Lords, I commend the Government on Amendment No. 50, which is a significant improvement to the Bill. I apologise for not giving notice of my question, but it occurred to me only on the Bench, so to speak. It relates to the fact, as the noble Lord said in moving the amendment, that there can be a reference by the commission to the tribunal at any time in connection with the exercise by the commission of any of its functions before a decision is made by the commission. I see the point of that perfectly.
Under Amendment No. 50, new paragraph 1(4) sets out those who are,"““entitled to be parties to proceedings before the tribunal on a reference””."
As well as including the Attorney-General, it states that with the permission of the tribunal,"““the charity trustees of any charity which is likely to be affected . . . ""(ii) any such charity which is a body corporate, and""(iii) any other person who is likely to be so affected””."
It may be that I have missed it, but I do not see in this amendment any duty on the part of the commission in making such a reference to so advertise the reference and the point and purpose of the reference that any person likely to be affected by it would know in time to make application to the tribunal to be admitted a party to those proceedings.
I apologise if I am raising a matter for which there is an answer. I am not expecting the Minister to respond here and now, but I would like him to comment on the reasonableness of my question and that, if it proved the case that there is no mechanism for public notification of such a reference, there will be something in the Bill at Third Reading.
Charities Bill [HL]
Proceeding contribution from
Lord Phillips of Sudbury
(Liberal Democrat)
in the House of Lords on Wednesday, 12 October 2005.
It occurred during Debate on bills on Charities Bill [HL].
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2005-06Chamber / Committee
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