Charities Act 1993 (repealed)

[F1 44A Duty of auditors etc. to report matters to Commission E+W

(1) This section applies to—

(a) a person acting as an auditor or independent examiner appointed by or in relation to a charity under section 43 above,

(b) a person acting as an auditor or examiner appointed under section 43A(2) or (3) above, and

(c) the Auditor General for Wales acting under section 43B(2) or (3) above.

(2) If, in the course of acting in the capacity mentioned in subsection (1) above, a person to whom this section applies becomes aware of a matter—

(a) which relates to the activities or affairs of the charity or of any connected institution or body, and

(b) which he has reasonable cause to believe is likely to be of material significance for the purposes of the exercise by the Commission of its functions under section 8 or 18 above,

he must immediately make a written report on the matter to the Commission.

(3) If, in the course of acting in the capacity mentioned in subsection (1) above, a person to whom this section applies becomes aware of any matter—

(a) which does not appear to him to be one that he is required to report under subsection (2) above, but

(b) which he has reasonable cause to believe is likely to be relevant for the purposes of the exercise by the Commission of any of its functions,

he may make a report on the matter to the Commission.

(4) Where the duty or power under subsection (2) or (3) above has arisen in relation to a person acting in the capacity mentioned in subsection (1), the duty or power is not affected by his subsequently ceasing to act in that capacity.

(5) Where a person makes a report as required or authorised by subsection (2) or (3), no duty to which he is subject is to be regarded as contravened merely because of any information or opinion contained in the report.

(6) In this section “connected institution or body”, in relation to a charity, means—

(a) an institution which is controlled by, or

(b) a body corporate in which a substantial interest is held by,

the charity or any one or more of the charity trustees acting in his or their capacity as such.

(7) Paragraphs 3 and 4 of Schedule 5 to this Act apply for the purposes of subsection (6) above as they apply for the purposes of provisions of that Schedule.]

Textual Amendments

F1 S. 44A inserted (1.4.2008) by Charities Act 2006 (c. 50), ss. 29(1), 79(2) (with Sch. 10 para. 8); S.I. 2008/945, art. 2, Sch. 1

Modifications etc. (not altering text)

C1 S. 44A excluded (19.12.2008) by The Charities Act 2006 (Commencement No. 5, Transitional and Transitory Provisions and Savings) Order 2008 (S.I. 2008/3267), arts. 2, 13(3) (as substituted 1.8.2011) by The Charities Act 2006 (Changes in Exempt Charities) Order 2011 (S.I. 2011/1725), art. 1(2), Sch. para. 6(5)