Clause 38
Charities Bill [Lords]
4:45 pm
Andrew Turner (Shadow Minister (Charities), Home Affairs; Isle of Wight, Conservative)
Amendments Nos. 28 and 122 might simply arise from further misapprehension as to the position of a charitable incorporated organisation. New section 73D does not appear to provide for a trustee or an auditor of a charitable incorporated organisation to be relieved from liability—in other words, to be insured—which I believe is the purpose of the clause. That is the purpose of amendment no. 28.
Amendment No. 38 goes in the same direction. The Charity Law Association has said that:
“the Charity Commission has power to relieve charity trustees and auditors”—
of charitable incorporated organisations—
“but the Court power has not been extended to allow for the relief by the Court of charity trustees of a Charitable Incorporated Organisation.”
In contrast, the court has already power to relieve trustees and company directors of corporate charities under the Trustee Act 1925 and the Companies Act 1985.