CHARITIES BILL
Amendments 178 and 179
178: Page 44, line 7 – after “property” insert “and its undertakings, subject to its liabilities”
179: Page 44, line 17 – after “property” insert “and its undertaking, subject to its liabilities”
As drafted, the merger provisions in Part 2 Chapter 11 of the Bill will only transfer the property of a pre-merger charity. This is insufficient: in a merger, the post-merger charity will take over the activities of the pre-merger charity and take on its liabilities. If the statutory merger process is to work, it must transfer these matters too. The amendments would ensure that they were transferred, under the statutory merger process.
We would draw your attention to two matters:
2.1 As drafted, the amendments would not transfer the rights of the pre-merger charity, for example, the right to use personal data. This could easily be rectified by having both amendments read “, rights and undertakings, subject to its liabilities”.
2.2 The reference, in Amendment 179, to line 17, seems to be a mistake. Perhaps this was supposed to refer to line 10?
