Charities Bill [HL]
Lord Etherton Excerpts
Tabled by
6: After Clause 36, insert the following new Clause—
“References to Tribunal by the Commission
In section 325 of the Charities Act 2011, after subsection (2) insert—“(2A) If, within 60 days of receipt by the Attorney General of a request to consent to make such a reference, the Attorney General has neither given nor refused consent, authorisation will be deemed to have been given.(2B) If the Attorney General refuses consent within such period of 60 days, the Attorney General must publish a comprehensive statement of the Attorney General’s analysis and of the reasons for the refusal.””Member’s explanatory statement
The proposed new subsection 325(2A) of the 2011 Act provides an exception to the prohibition on the Charity Commission making a reference to the Tribunal without the consent of the Attorney General. It provides that where the Attorney General has neither refused nor granted consent within 60 days consent will be deemed to have been given. The proposed new subsection 325(2B) stipulates that the reasons for any refusal of consent must be published.