REGULATION OF CHARITABLE COLLECTIONS

HC Deb 28 July 1982 vol 28 cc1173-4

Amendment made: No. 146, in page 80, line 15, leave out from 'reasons' to end of line 21.—[Mr. Allan Stewart.]

Mr. John MacKay

I beg to move amendment No. 143, in page 80, line 21, at end insert—

'(9A) In upholding an appeal under subsection (9) above, the sheriff may—

1. (a) remit the case with the reasons for his decision to the district or islands council for reconsideration of their decision; or
2. (b) reverse or alter the decision of the district or islands council.'.

In Committee the hon. Member for Glasgow, Garscadden (Mr. Dewar) asked why the appeals provision in clause 120 gave no guidance to the sheriff as to the method of disposal. The amendment honours my undertaking to reconsider that issue.

Amendment agreed to.

Mr. John MacKay

I beg to move amendment No. 144, in page 80, line 26, leave out 'subsections (1) to (9)' and insert 'subsection (1)'.

Mr. Deputy Speaker

With this it will be convenient to take Government amendment No. 145.

Mr. MacKay

This amendment deals with the provision for national charities and arises from arguments developed in Committee by the hon. Members for Glasgow, Garscadden (Mr. Dewar) and for Stirling, Falkirk and Grangemouth (Mr. Ewing).

I have considered carefully the hon. Members' representations to the effect that the provision for exemption for national charities was too widely drawn. It had been our intention to rely on strengthened administrative directions to all exempt charities to give islands or district councils adequate notification of collection dates, but hon. Members argued persuasively that that was not sufficient and that a more immediate requirement to inform local authorities should be placed on exempt charities. At present, exempt charities are not statutorily required to notify unless such notification is one of the conditions attached to their exemption under the terms of subsection (10).

Amendment No. 145 effectively reverses the onus of responsibility, providing that a charity must give at least three months' notice of its intention to collect in any district or islands council area unless the Secretary of State otherwise directs.

Amendment No. 144 makes a consequential and technical change in the numbering in subsection (10). I am sure that the House will welcome the amendments.

Amendment agreed to.

Amendment made: No. 145, in page 80, line 28, at end insert— '(10A) Notwithstanding the provisions of subsection (10) above, any person who has been exempted from subsection (1) above by a direction of the Secretary of State under subsection (10) above shall, unless the Secretary of State otherwise directs, give to the district or islands council in whose area he intends to organise a public charitable collection 3 months notice of that intention. A direction under this subsection may be revoked or amended by a further direction so made.'.—[Mr. John MacKay.]