HL Deb 23 October 1995 vol 566 cc107-8WA
Lord Denning

asked Her Majesty's Government:

Whether the functions of the Charity Commissioners, as defined by Sections 1(1) and 1(3) of the Charities Act 1993, are to be exercised by the commissioners acting as a board under paragraph 3(4) of the first schedule, or can be carried out by an assistant commissioner under paragraph 3(3), without reference to the board; and whether legal proceedings can be instituted by or against the commissioners under paragraph 4 of the first schedule and not by or against any single commissioner or assistant commissioner.

Baroness Blatch

The functions of the Charity Commissioners need not be undertaken by the Board of Commissioners acting as a board under paragraph 3(4) of the first schedule to the Charities Act 1993. By virtue of paragraph 3(3) of the first schedule, they may be undertaken by any one commissioner or by any assistant commissioner, subject to any regulations made by the Board of Commissioners for the regulation of their own procedure and to any directions of the Chief Commissioner.

Legal proceedings relating to the discharge of the commissioners' statutory functions should be brought by or against them collectively. Paragraph 4 of the first schedule provides that such proceedings should be brought "by or against the Commissioners by the name of the Charity Commissioners for England and Wales".