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Charities Act 2006 (c. 50)(The document as of February, 2008) Page 16 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 (a) for "The Commissioners" substitute "The Commission", (b) for "themselves" substitute "itself", and (c) for "to them" substitute "to the Commission". (4) In subsection (3) for "the Commissioners, or a person appointed by them" substitute "the Commission, or a person appointed by the Commission". (5) In subsection (5) for "The Commissioners" substitute "The Commission". (6) In subsection (6)-- (a) for "the Commissioners" substitute "the Commission", (b) for "they think" substitute "the Commission thinks", (c) for "their opinion" substitute "the Commission's opinion", and (d) for "to them" substitute "to the Commission". (7) In subsection (7) for "the Commissioners" substitute "the Commission". 103 (1) Section 9 (power to call for documents and search records) is amended as follows. (2) In subsection (1)-- (a) for "The Commissioners" substitute "The Commission", (b) for "furnish them" (in both places) substitute "furnish the Commission", (c) for "their functions" (in both places) substitute "the Commission's functions", and (d) for "them for their" substitute "the Commission for its". (3) In subsection (2)-- (a) for "officer of the Commissioners, if so authorised by them" substitute "member of the staff of the Commission, if so authorised by it", and (b) for "the Commissioners" (in the second place) substitute "the Commission". (4) In subsection (3)-- (a) for "The Commissioners" substitute "The Commission", (b) for "to them" (in the first place) substitute "to it", (c) for "to them" (in the second place) substitute "to the Commission", (d) for "their inspection" substitute "it to inspect", and (e) for "the Commissioners" substitute "the Commission". (5) After subsection (5) add-- " (6) In subsection (2) the reference to a member of the staff of the Commission includes the official custodian even if he is not a member of the staff of the Commission. " 104 For section 10 substitute-- " 10 Disclosure of information to Commission(1) Any relevant public authority may disclose information to the Commission if the disclosure is made for the purpose of enabling or assisting the Commission to discharge any of its functions. (2) But Revenue and Customs information may be disclosed under subsection (1) only if it relates to an institution, undertaking or body falling within one (or more) of the following paragraphs-- (a) a charity; (b) an institution which is established for charitable, benevolent or philanthropic purposes; (c) an institution by or in respect of which a claim for exemption has at any time been made under section 505(1) of the Income and Corporation Taxes Act 1988; (d) a subsidiary undertaking of a charity; (e) a body entered in the Scottish Charity Register which is managed or controlled wholly or mainly in or from England or Wales. (3) In subsection (2)(d) above "subsidiary undertaking of a charity" means an undertaking (as defined by section 259(1) of the Companies Act 1985) in relation to which-- (a) a charity is (or is to be treated as) a parent undertaking in accordance with the provisions of section 258 of, and Schedule 10A to, the Companies Act 1985, or (b) two or more charities would, if they were a single charity, be (or be treated as) a parent undertaking in accordance with those provisions. (4) For the purposes of the references to a parent undertaking-- (a) in subsection (3) above, and (b) in section 258 of, and Schedule 10A to, the Companies Act 1985 as they apply for the purposes of that subsection,
10A Disclosure of information by Commission(1) Subject to subsections (2) and (3) below, the Commission may disclose to any relevant public authority any information received by the Commission in connection with any of the Commission's functions-- (a) if the disclosure is made for the purpose of enabling or assisting the relevant public authority to discharge any of its functions, or (b) if the information so disclosed is otherwise relevant to the discharge of any of the functions of the relevant public authority. (2) In the case of information disclosed to the Commission under section 10(1) above, the Commission's power to disclose the information under subsection (1) above is exercisable subject to any express restriction subject to which the information was disclosed to the Commission. (3) Subsection (2) above does not apply in relation to Revenue and Customs information disclosed to the Commission under section 10(1) above; but any such information may not be further disclosed (whether under subsection (1) above or otherwise) except with the consent of the Commissioners for Her Majesty's Revenue and Customs. (4) Any responsible person who discloses information in contravention of subsection (3) above is guilty of an offence and liable-- (a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both. (5) It is a defence for a responsible person charged with an offence under subsection (4) above of disclosing information to prove that he reasonably believed-- (a) that the disclosure was lawful, or (b) that the information had already and lawfully been made available to the public. (6) In the application of this section to Scotland or Northern Ireland, the reference to 12 months in subsection (4) is to be read as a reference to 6 months. (7) In this section "responsible person" means a person who is or was-- (a) a member of the Commission, (b) a member of the staff of the Commission, (c) a person acting on behalf of the Commission or a member of the staff of the Commission, or (d) a member of a committee established by the Commission. 10B Disclosure to and by principal regulators of exempt charities(1) Sections 10 and 10A above apply with the modifications in subsections (2) to (4) below in relation to the disclosure of information to or by the principal regulator of an exempt charity. (2) References in those sections to the Commission or to any of its functions are to be read as references to the principal regulator of an exempt charity or to any of the functions of that body or person as principal regulator in relation to the charity. (3) Section 10 above has effect as if for subsections (2) and (3) there were substituted-- " (2) But Revenue and Customs information may be disclosed under subsection (1) only if it relates to-- (a) the exempt charity in relation to which the principal regulator has functions as such, or (b) a subsidiary undertaking of the exempt charity. (3) In subsection (2)(b) above "subsidiary undertaking of the exempt charity" means an undertaking (as defined by section 259(1) of the Companies Act 1985) in relation to which-- (a) the exempt charity is (or is to be treated as) a parent undertaking in accordance with the provisions of section 258 of, and Schedule 10A to, the Companies Act 1985, or (b) the exempt charity and one or more other charities would, if they were a single charity, be (or be treated as) a parent undertaking in accordance with those provisions. " (4) Section 10A above has effect as if for the definition of "responsible person" in subsection (7) there were substituted a definition specified by regulations under section 13(4)(b) of the Charities Act 2006 (regulations prescribing principal regulators). (5) Regulations under section 13(4)(b) of that Act may also make such amendments or other modifications of any enactment as the Secretary of State considers appropriate for securing that any disclosure provisions that would otherwise apply in relation to the principal regulator of an exempt charity do not apply in relation to that body or person in its or his capacity as principal regulator. (6) In subsection (5) above "disclosure provisions" means provisions having effect for authorising, or otherwise in connection with, the disclosure of information by or to the principal regulator concerned. 10C Disclosure of information: supplementary(1) In sections 10 and 10A above "relevant public authority" means-- (a) any government department (including a Northern Ireland department), (b) any local authority, (c) any constable, and (d) any other body or person discharging functions of a public nature (including a body or person discharging regulatory functions in relation to any description of activities). (2) In section 10A above "relevant public authority" also includes any body or person within subsection (1)(d) above in a country or territory outside the United Kingdom. (3) In sections 10 to 10B above and this section--
(4) Nothing in sections 10 and 10A above (or in those sections as applied by section 10B(1) to (4) above) authorises the making of a disclosure which-- (a) contravenes the Data Protection Act 1998, or (b) is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000. " 105 (1) Section 11 (supply of false or misleading information) is amended as follows. (2) For "Commissioners" (in each place including the sidenote) substitute "Commission". (3) In subsection (1)(b) for "their functions" substitute "its functions". 106 In the heading for Part 4 for " and Commissioners " substitute " and Commission ". 107 (1) Section 14 (application cy-prГЁs of gifts of donors unknown or disclaiming) is amended as follows. (2) In subsection (6) for "the Commissioners so direct" substitute "the Commission so directs". (3) In subsection (8) for "the Commissioners" substitute "the Commission". (4) In subsection (9)-- (a) for "the Commissioners" (in both places) substitute "the Commission", and (b) for "they think fit" substitute "it thinks fit". 108 In the heading preceding section 16 for "Powers of Commissioners" substitute "Powers of Commission". 109 (1) Section 16 (concurrent jurisdiction of Commissioners with High Court) is amended as follows. (2) In subsection (1) for "the Commissioners" substitute "the Commission". (3) In subsection (2)-- (a) for "the Commissioners for them" substitute "the Commission for it", and (b) for "the Commissioners" (in the second place) substitute "the Commission". (4) In subsection (3) for "The Commissioners" substitute "The Commission". (5) In subsection (4) for "the Commissioners shall not exercise their" substitute "the Commission shall not exercise its". (6) In subsection (5)-- (a) for "income from all sources does not in aggregate" substitute "gross income does not", and (b) for "the Commissioners may exercise their" substitute "the Commission may exercise its". (7) In subsection (6)-- (a) for "the Commissioners are" substitute "the Commission is", (b) for "the Commissioners have" substitute "the Commission has", (c) for "the Commissioners" (in the third and fourth places) substitute "the Commission", and (d) for "they act" substitute "it acts". (8) In subsection (7)-- (a) for "the Commissioners" (in the first and third places) substitute "the Commission", and (b) for "the Commissioners consider" substitute "the Commission considers". (9) In subsection (8)-- (a) for "The Commissioners" substitute "The Commission", and (b) for "their jurisdiction" substitute "its jurisdiction". (10) In subsection (9) for "the Commissioners shall give notice of their" substitute "the Commission shall give notice of its". (11) In subsection (10)-- (a) for "The Commissioners shall not exercise their" substitute "The Commission shall not exercise its", and (b) for "the Commissioners" (in the second place) substitute "the Commission". (12) Omit subsections (11) to (14). (13) In subsection (15)(b) for "the Commissioners may exercise their" substitute "the Commission may exercise its". 110 (1) Section 17 (further power to make schemes or alter application of charitable property) is amended as follows. (2) In subsection (1)-- (a) for "the Commissioners" (in both places) substitute "the Commission", and (b) for "by them" substitute "by the Commission". (3) In subsection (2) for "the Commissioners" substitute "the Commission". (4) In subsection (4) for "the Commissioners" (in both places) substitute "the Commission". (5) In subsection (6)-- (a) for "Commissioners" (in both places) substitute "Commission", (b) for "if they were" substitute "if the Commission was", (c) for "they act" substitute "it acts", and (d) for "to them" substitute "to it". (6) In subsection (7) for "the Commissioners" substitute "the Commission". (7) In subsection (8)-- (a) for "the Commissioners are" substitute "the Commission is", and (b) for "the Commissioners" (in the second place) substitute "the Commission". 111 (1) Section 18 (power to act for protection of charities) is amended as follows. (2) In subsection (1)-- (a) for "after they have" substitute "after it has", (b) for "the Commissioners are" substitute "the Commission is", (c) for "the Commissioners may of their" substitute "the Commission may of its", (d) for "as they consider" substitute "as it considers", (e) for "the Commissioners" (in the third, fourth and fifth places) substitute "the Commission", and (f) for "a receiver" substitute "an interim manager, who shall act as receiver". (3) In subsection (2)-- (a) for "they have" substitute "it has", (b) for "the Commissioners are" substitute "the Commission is", and (c) for "the Commissioners may of their" substitute "the Commission may of its". (4) In subsection (4)-- (a) for "The Commissioners" substitute "The Commission", and (b) for "their own motion" substitute "its own motion". (5) In subsection (5)-- (a) for "The Commissioners may by order made of their" substitute "The Commission may by order made of its", (b) for "removed by them" substitute "removed by the Commission", and (c) for "the Commissioners are of" (in both places) substitute "the Commission is of". (6) In subsection (6)-- (a) for "the Commissioners" (in both places) substitute "the Commission", (b) for "their own motion" substitute "its own motion", and (c) for "by them" substitute "by it". (7) Omit subsections (8) to (10). (8) In subsection (11) for "the Commissioners" substitute "the Commission". (9) In subsection (12)-- (a) for "the Commissioners" substitute "the Commission", and (b) for "their intention" substitute "its intention". (10) In subsection (13)-- (a) for "The Commissioners" substitute "The Commission", (b) for "they think fit" substitute "it thinks fit", (c) for "by them" substitute "by it", (d) for "to them" substitute "to the Commission", and (e) for "they shall" substitute "the Commission shall". 112 (1) Section 19 (supplementary provisions relating to receiver and manager appointed for a charity) is amended as follows. (2) For subsection (1) substitute-- " (1) The Commission may under section 18(1)(vii) above appoint to be interim manager in respect of a charity such person (other than a member of its staff) as it thinks fit. " (3) In subsection (2)-- (a) for "the Commissioners" (in both places) substitute "the Commission", and (b) for "receiver and manager" substitute "interim manager". (4) In subsection (3) for "receiver and manager" (in both places) substitute "interim manager". (5) In subsection (4)-- (a) for "receiver and manager" substitute "interim manager", and (b) for "the Commissioners" substitute "the Commission". (6) In subsections (6)(c) and (7) for "the Commissioners" substitute "the Commission". (7) In the sidenote for "receiver and manager" substitute "interim manager". 113 After section 19B (inserted by section 21 of this Act) insert-- " 19C Copy of order under section 18, 18A, 19A or 19B, and Commission's reasons, to be sent to charity(1) Where the Commission makes an order under section 18, 18A, 19A or 19B, it must send the documents mentioned in subsection (2) below-- (a) to the charity concerned (if a body corporate), or (b) (if not) to each of the charity trustees. (2) The documents are-- (a) a copy of the order, and (b) a statement of the Commission's reasons for making it. (3) The documents must be sent to the charity or charity trustees as soon as practicable after the making of the order. (4) The Commission need not, however, comply with subsection (3) above in relation to the documents, or (as the case may be) the statement of its reasons, if it considers that to do so-- (a) would prejudice any inquiry or investigation, or (b) would not be in the interests of the charity; but, once the Commission considers that this is no longer the case, it must send the documents, or (as the case may be) the statement, to the charity or charity trustees as soon as practicable. (5) Nothing in this section requires any document to be sent to a person who cannot be found or who has no known address in the United Kingdom. (6) Any documents required to be sent to a person under this section may be sent to, or otherwise served on, that person in the same way as an order made by the Commission under this Act could be served on him in accordance with section 91 below. " 114 In section 22(3) (property vested in official custodian) for "the Commissioners" substitute "the Commission". 115 (1) Section 23 (divestment in case of land subject to Reverter of Sites Act 1987 (c. 15)) is amended as follows. (2) In subsection (1)-- (a) for "the Commissioners" (in both places) substitute "the Commission", (b) for "by them of their own" substitute "by the Commission of its own", and (c) for "appear to them" substitute "appear to the Commission". (3) In subsection (2)-- (a) for "the Commissioners (of their own motion)" substitute "the Commission (of its own motion)", and (b) omit "or them". (4) In subsection (3)-- (a) for "the Commissioners" (in the first and second places) substitute "the Commission", and (b) for "the Commissioners is or are" substitute "the Commission is". 116 In section 24 (schemes to establish common investment funds), in subsections (1) and (2), for "the Commissioners" substitute "the Commission". 117 In section 25(1) (schemes to establish common deposit funds) for "the Commissioners" substitute "the Commission". 118 For the heading preceding section 26 substitute "Additional powers of Commission". 119 In section 26(1) (power to authorise dealings with charity property)-- (a) for "the Commissioners" substitute "the Commission", and (b) for "they may" substitute "the Commission may". 120 (1) Section 27 (power to authorise ex gratia payments) is amended as follows. (2) In subsection (1) for "the Commissioners" substitute "the Commission". (3) In subsection (2)-- (a) for "the Commissioners" (in both places) substitute "the Commission", and (b) for "by them" substitute "by the Commission". (4) In subsection (3)-- (a) for "the Commissioners for them" substitute "the Commission for it", (b) for "they are not" substitute "it is not", (c) for "they consider" substitute "the Commission considers", (d) for "by them" substitute "by the Commission", and (e) for "they shall" substitute "the Commission shall". (5) In subsection (4)-- (a) for "to them" substitute "to the Commission", and (b) for "the Commissioners determine" substitute "the Commission determines". 121 (1) Section 28 (power to give directions about dormant bank accounts) is amended as follows. (2) In subsection (1)-- (a) for "the Commissioners" substitute "the Commission", (b) for "are informed" substitute "is informed", (c) for "are unable" substitute "is unable", and (d) for "they may give" substitute "it may give". (3) In subsection (3)-- (a) for "Commissioners" (in both places) substitute "Commission", (b) for "they consider" substitute "it considers", (c) for "to them" substitute "to the Commission", and (d) for "they have received" substitute "it has received". (4) In subsection (5)-- (a) for "the Commissioners have been" substitute "the Commission has been", (b) for "the Commissioners" (in the second and third places) substitute "the Commission", (c) for "they shall revoke" substitute "it shall revoke", and (d) for "by them" substitute "by it". (5) In subsection (7)-- (a) for "the Commissioners" substitute "the Commission", and Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 -- Back --
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