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Parliamentary Report: June–September 2008

  • Frank Cranmer (a1) (a2)


In September, the Office of the Third Sector (OTS) and the Charity Commission launched a joint consultation on the detail of the new Charitable Incorporated Organisations (CIOs), a corporate structure envisaged under the Charities Act 2006. CIOs will be registered with and regulated by the Charity Commission and will offer charities an alternative to incorporation under company law, thereby avoiding dual regulation by the Commission and by Companies House.



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1 SI/1996/180. ‘Excepted charities’ are excepted from the requirement to register with the Charity Commission but, in most other respects, are fully within its jurisdiction. Currently, no charity is required to be registered in respect of any registered place of worship.

2 That is, those charities exempt from the supervision of the Commission under Schedule 2 to the Charities Act 1993, as amended; they include the Church Commissioners, the Representative Body of the Church in Wales and property within the terms of the Church Funds Investment Measure 1958.

6 The latest version of the Bill, as amended in the Select Committee, is available at <>, accessed 30 September 2008.

7 (2007) 9 Ecc LJ 314.

8 See the Planning Bill as first printed in the Lords: <>, accessed 30 September 2008.

9 Clause 200(5): ‘The regulations may require CIL to be paid in respect of land developed in reliance on planning permission whether or not its value has increased as a result of the grant of the permission’.

10 Cm 7438, available at <>, accessed 30 September 2008.

11 Ibid, para 4.77.

12 Ibid, para 6.10.

13 Ibid, para 6.48.

14 Ibid, para 6.49.

15 HC Deb 2007–08, 14 July, c 23.

16 An Elected Second Chamber, para 6.53.

17 Ibid, para 6.54.

18 HC Deb 2007–08, 14 July, c 24.

19 (2008) 10 Ecc LJ 350–351.

20 Bryant, C, ‘A leaky barque: reforming the British constitution’, in Yeowell, N and Bates, D (eds), Powers to the People: putting people at the heart of constitutional reform (London, 2009), pp 8491 ; the text is available at <>, accessed 14 October 2008.

21 T Crichton, ‘No 10 “ready to consider” scrapping Act of Settlement’, The Herald, 26 September 2008, available at <>, accessed 14 October 2008.

22 The Church of England, the Church in Wales, the Roman Catholic Church, the Methodist Church, the United Reformed Church and the Baptist Unions of Great Britain and of Wales.

23 Article 6 also exempts the small number of buildings in England ‘used for worship according to the rites, doctrinal standards, principles or usages of the Church of Scotland, the Free Church of Scotland or the Free Presbyterian Church’, such as Crown Court and St Columba's, Pont Street.

24 See (2008) 10 Ecc LJ 352–353.

25 Discrimination Law Review: a framework for fairness: Proposals for a single equality bill for Great Britain, available at <>, accessed 30 September 2008.

26 Ibid, p 20.

27 Ibid, p 23.

28 (2008) 10 Ecc LJ 353–354.


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