§
Amendments made: No. 90, in page 2, line 2, leave out from 'body' to end of line 5 and insert
'such as is mentioned in subsection (1A) below,'.
§ No. 91, in page 2, line 9, at end insert:—
§ '(lA) A recognised body referred to in subsection (1)(a) above is a body—
- (a) which appears to the Commissioners to be or to have been carrying on activities which are not charitable or to be or to have been applying any of its funds for purposes which are not charitable;
- (b) which is certified by the Lord Advocate as being a body in respect of which information has been provided to the Scottish charities nominee by a relevant institution in pursuance of section [Dormant accounts of charities in banks etc.] of this Act.'.—[Lord James Douglas-Hamilton.]
§ Lord James Douglas-HamiltonI beg to move Government amendment No. 1, in page 2, line 43, leave out 'conclusive' and insert 'sufficient'.
Clause 1(7) provides that, for the purposes of any proceedings under part 1 of the Bill, a certificate signed by a person authorised to do so by the commissioners of Inland Revenue shall be "conclusive" evidence of the fact that the Revenue has recognised the body as a charity. It was suggested in Committee that the word "sufficient" would be preferable and consistent with other legislation. My hon. and learned Friend the Member for Perth and Kinross (Sir N. Fairbairn) had a lot to do with the amendment.
§ Mr. Menzies CampbellI welcome the fact that the Minister has shown rather more flexibility today than he did during our long passage at arms in Committee, when hon. Members on both sides of the House argued the matter quite forcefully.
Will the Minister confirm that what is now to be legislated for is a system in which a challenge will be available to someone who seeks to challenge the accuracy of what is apparently purported to be correct by virtue of 1090 the provision. The argument in Committee turned on the question whether, if the evidence was conclusive, no challenge would be permitted. By substituting the word "sufficient", the Minister has opened the door to challenge in cases where that may be appropriate. That seems to me a more equitable way in which to dispose of the matter than was originally envisaged in the Bill.
§ Sir Nicholas FairbairnI will just say that my gratitude is sufficient; it is not conclusive.
§ Amendment agreed to.