moved Amendment No. 82:"Page 38, line 23, leave out ““sent to”” and insert ““received by””"
The noble Lord said: My Lords, I rise to move Amendment No. 82 tabled in the name of my noble friend Lady Scotland. Clause 39 inserts a new Section 74 into the 1993 Act. In doing so it makes provision for a small unincorporated charity to transfer all of its property to one or more other charities, subject to certain requirements—including the passing of a resolution. A copy of the resolution must be sent to the Charity Commission, and, subject to Section 74A, it would take effect 60 days after it was sent to the commission.
It has been pointed out to us that it could be difficult for the commission to establish the date on which the resolution was sent. This amendment would remove such potential uncertainty by amending new Section 74(9) so that the 60 day period begins on the date the commission receives the resolution. It also has the advantage of making this section consistent with new Sections 74B(9) and 75A(10) which similarly provide for time periods to commence on the date of receipt of a resolution by the commission. I hope that simple explanation suffices and I beg to move.
On Question, amendment agreed to.
Clause 42 [Power to spend capital]:
Charities Bill [HL]
Proceeding contribution from
Lord Bassam of Brighton
(Labour)
in the House of Lords on Tuesday, 18 October 2005.
It occurred during Debate on bills on Charities Bill [HL].
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674 c704-5 Session
2005-06Chamber / Committee
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