Charities Act 1993 (repealed)

9 Power to call for documents and search records.E+W

(1)[F1The Commission] may by order—

(a)require any person to [F2furnish the Commission] with any information in his possession which relates to any charity and is relevant to the discharge of [F3the Commission's functions] or of the functions of the official custodian;

(b)require any person who has in his custody or under his control any document which relates to any charity and is relevant to the discharge of [F3the Commission's functions] or of the functions of the official custodian—

(i)to [F2furnish the Commission] with a copy of or extract from the document, or

(ii)(unless the document forms part of the records or other documents of a court or of a public or local authority) to transmit the document itself to [F4the Commission for its] inspection.

(2)Any [F5member of the staff of the Commission, if so authorised by it], shall be entitled without payment to inspect and take copies of or extracts from the records or other documents of any court, or of any public registry or office of records, for any purpose connected with the discharge of the functions of [F6the Commission] or of the official custodian.

(3)[F7The Commission] shall be entitled without payment to keep any copy or extract furnished [F8to it] under subsection (1) above; and where a document transmitted [F9to the Commission] under that subsection for [F10it to inspect] relates only to one or more charities and is not held by any person entitled as trustee or otherwise to the custody of it, [F11the Commission] may keep it or may deliver it to the charity trustees or to any other person who may be so entitled.

(4)[F12No person properly having the custody of documents relating only to an exempt charity shall be required under subsection (1) above to transmit to the Commissioners any of those documents, or to furnish any copy of or extract from any of them.]

(5)The rights conferred by subsection (2) above shall, in relation to information recorded otherwise than in legible form, include the right to require the information to be made available in legible form for inspection or for a copy or extract to be made of or from it.

[F13(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.]

Textual Amendments

F1Words in s. 9(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 103(2)(a); S.I. 2007/309, art. 2, Sch.

F2Words in s. 9(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 103(2)(b); S.I. 2007/309, art. 2, Sch.

F3Words in s. 9(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 103(2)(c); S.I. 2007/309, art. 2, Sch.

F4Words in s. 9(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 103(2)(d); S.I. 2007/309, art. 2, Sch.

F5Words in s. 9(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 103(3)(a); S.I. 2007/309, art. 2, Sch.

F6Words in s. 9(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 103(3)(b); S.I. 2007/309, art. 2, Sch.

F7Words in s. 9(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 103(4)(a); S.I. 2007/309, art. 2, Sch.

F8Words in s. 9(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 103(4)(b); S.I. 2007/309, art. 2, Sch.

F9Words in s. 9(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 103(4)(c); S.I. 2007/309, art. 2, Sch.

F12S. 9(4) repealed (1.6.2010 for specified purposes) by Charities Act 2006 (c. 50), s. 79(2), Sch. 5 para. 3, Sch. 9; S.I. 2010/503, art. 2, Sch. 1 (with Sch. 2)