§ Lord Denningasked Her Majesty's Government:
Further to the answers given by Baroness Blatch on 20th March (HL Deb, col WA59) and 3rd April (HL Deb, col WA4), 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 Schedule 1, or can be carried out by an assistant commissioner under paragraph 3(3) of that schedule without reference to the board; and whether the opposition in Chancery proceedings against the commission (Ch. 1995.D No 120) was authorised by the board or only by a single assistant commissioner without reference to the board.
§ The Minister of State, Home Office (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 and to any directions of the Chief Commissioner.
The commissioners' response to the proceedings referred to was authorised and conducted by assistant commissioners acting for and in the name of the commissioners under paragraph 3(3) of the First Schedule. The Board of Commissioners was aware of the response being made on its behalf.