Charities Act 1992

Yn ddilys o 27/02/2007

Supplementary E+W

Prospective

F1 73 Regulations. E+W

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Textual Amendments

F1 Pt. III repealed (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 91, Sch. 9; S.I. 2007/309, art. 2, Sch.

74 Offences. E+W

(1) A person shall be guilty of an offence if, in connection with any charitable appeal, he displays or uses—

(a) a prescribed badge or a prescribed certificate of authority which is not for the time being held by him for the purposes of the appeal pursuant to regulations under section 73, or

(b) any badge or article, or any certificate or other document, so nearly resembling a prescribed badge or (as the case may be) a prescribed certificate of authority as to be likely to deceive a member of the public.

(2) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding the fourth level on the standard scale.

(3) Any person who, for the purposes of an application made under section 67, knowingly or recklessly furnishes any information which is false in a material particular shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fourth level on the standard scale.

[F2 (3A) Any person who knowingly or recklessly provides the Commissioners with information which is false or misleading in a material particular shall be guilty of an offence if the information is provided in circumstances in which he intends, or could reasonably be expected to know, that it would be used by them for the purpose of discharging their functions under section 72.

(3B) A person guilty of an offence under subsection (3A) shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction or indictment, to imprisonment for a term not exceeding two years or to a fine, or both.]

(4) In subsection (1) “prescribed badge” and “prescribed certificate of authority” mean respectively a badge and a certificate of authority in such form as may be prescribed by regulations under section 73.

Textual Amendments

F2 S. 74(3A)(3B) inserted (1.8.1993) by 1993 c. 10, s. 98(1), Sch. 6 para. 29(8)

Modifications etc. (not altering text)

C1 S. 74 applied (coming into force in accordance with s. 1 of the applying Act) by Greenham and Crookham Commons Act 2002 (c. i), s. 21(4)