Charities (Pre-consolidation Amendments) Order 2011

I should like the Minister to give a little explanation of paragraph 10 of the schedule to the order, and I have given her notice of that. The paragraph goes to the heart of the relationship between this order, the consolidation Bill and the Houses of Parliament. To be frank, try as I did, I could not perfectly understand where things were left by paragraph 10. My understanding is that, if in Section 17(2) of the 2006 Act the Minister is given the power to make an order, it is superfluous then to go on to say, "““and a draft of the order shall be laid before Parliament””." That follows. However, I became a little lost with the omissions and additions later in paragraph 10, and if the Minister is able to cast enlightenment on that I shall be most grateful. My only other point is more substantial and concerns paragraph 24 of the schedule to the order, which relates to Section 79(2) of the 1993 Act. This is an important provision in the Act. At the start, paragraph 24 says that in Section 79(2) the word ““ratepayers”” is to be omitted. This provision is designed to ensure that parochial charities have a governing body or a group of trustees that is fit for purpose in the 21st century. Section 79(2) of the 1993 Act, as amended by the 2006 Act, says that the Charity Commission may allow the appointment of trustees to parochial charities in the circumstances described in Section 79(2). Paragraph 24(1) says that ““ratepayers”” shall be deleted from the description of those persons who shall have power in future to appoint trustees, or at least it does not eliminate their powers to appoint but it affects the right of the commission to make an order appointing additional charity trustees. My problem with paragraph 24—and I read it many times—is that sub-paragraph (2) seems to be wholly superfluous. It says: "““Nothing in sub-paragraph (1) affects any appointment of a charity trustee made before the commencement of that sub-paragraph””—" that is, before the consolidation Act comes into effect. As I said, that is wholly superfluous because one cannot make retrospective legislation other than in rare circumstances and with the greatest possible clarity and want of ambiguity. That is my first point. More importantly, one can put up with superfluity but paragraph 24(3) seems to make substantive changes to the effect of Section 79(2), as amended, of the Charities Act 1993—substantive changes which can only be made in the manner plainly intended here if drafted differently from the way they have been drafted here. Their drafting here may appeal to the layman but if, as I contend, the change will substantively alter the effect of Section 79(2), it has to be couched in language which achieves that. That means saying that in Section 79(2) the words ““whatever”” shall be removed and the words ““whatever”” shall be introduced instead. In effect, one would be putting most of sub-paragraph (3) in inverted commas with words preceding the inverted commas making it clear just where those new provisions are to be inserted in Section 79(2). I apologise for that explanation—if anyone has managed to follow me, I am both surprised and grateful—but for the sake of the record one has to explain what one is up to and I have done my best. Again, I have given notice, although not long notice, of this to the Minister. We will be able to do something about it because we can make an amendment to the consolidation Bill and, as that will be at the Committee stage, we shall have a bit of time to do so. I shall shut up at this point.