Charities Bill [HL] — 18 Oct 2005 at 18:00
Schedule 8 <[i>Minor and consequential amendments]:
moved Amendment No. 101:
Page 143, line 31, leave out paragraph 125 and insert-
"(1) Section 39 (supplementary provisions relating to mortgaging) is amended as follows.
(2) In subsections (2)(a) and (4) for "the Commissioners" substitute "the Commission".
(3) After subsection (4) insert-
"(4A) Where subsection (3D) of section 38 above applies to any mortgage of land held by or in trust for a charity, the charity trustees shall certify in relation to any transaction falling within that subsection that they have obtained and considered such advice as is mentioned in that subsection.
(4B) Where subsection (4A) above has been complied with in relation to any transaction, then, in favour of a person who (whether under the mortgage or afterwards) has acquired or acquires an interest in the land for money or money's worth, it shall be conclusively presumed that the facts were as stated in the certificate.""
On Question, amendment agreed to.
moved Amendment No. 102:
Page 143, line 36, at end insert-
"( ) In subsection (2), at the end of paragraph (a) insert "but so that the requirements of such regulations shall be the minimum conmmensurate with the need to ensure that the statement of accounts provides a true and fair view of the charity's financial position".
( ) In subsection (2), after paragraph (b) insert-
"(c) for more than one type of statement to be prepared to reflect the differing natures and sizes of different charities.""
On Question, Whether the said amendment (No. 102) shall be agreed to?
Their Lordships divided: Contents, 114; Not-Contents, 130
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