Charities (Protection and Social Investment) Act 2016
Official Summary
A Bill to amend the Charities Act 2011.
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Overview
This bill amends the Charities Act 1992, primarily focusing on enhancing the Charity Commission's powers to regulate charity fundraising and protect charities from mismanagement. It allows for greater flexibility in issuing and amending warnings to charities and introduces reserve powers for the government to control fundraising practices, potentially including the establishment of a new regulator.
Description
The bill makes several key changes:
- Clause 1: Grants the Charity Commission the power to vary or withdraw warnings issued to charities.
- Clause 9: This clause is removed entirely.
- Clauses 10 & 11: These clauses are amended to specify that the actions covered apply only to charity management.
- Clause 14 Amendment: Adds new clauses 64B and 64C to the Charities Act 1992.
- New Clause 64B: Gives the government power to create regulations that allow for the specification of a new regulator for charity fundraising. These regulations could require charities to comply with the regulator's requirements, guidance, fees, and registration.
- New Clause 64C: Grants the government the power to create regulations that provide additional powers to the Charity Commission related to charity fundraising, even extending to non-charitable institutions involved in fundraising for charities.
- Clause 17: Removes subsection (6) of an unspecified clause.
Government Spending
The bill's financial implications are not explicitly stated. The potential for increased government spending exists if a new regulator is established, and any associated costs are passed onto charities in the form of fees.
Groups Affected
- Charities: The bill significantly impacts charities through increased regulatory oversight of fundraising and management practices. They may face new compliance requirements and fees.
- Charity Commission: The bill enhances the Commission's powers and responsibilities concerning charity regulation and potentially expands its workload.
- Potential New Regulator: If established, this body would be significantly affected by the bill, managing compliance and potentially collecting fees from charities.
- Fundraisers: The bill could impact the fundraising activities of charities and potentially introduce new regulations for those involved in fundraising.
- The Public: The bill could indirectly affect the public through changes in charity fundraising practices and potentially increased scrutiny of charities.
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