Charities Act 2006

Section 12

SCHEDULE 5 Exempt charities: increased regulation under 1993 Act

Power to require charity’s name to be changed

1 In section 6 of the 1993 Act (power of Commission to require charity’s name to be changed) omit subsection (9) (exclusion of exempt charities).

Power to institute inquiries

2 In section 8(1) of the 1993 Act (power of Commission to institute inquiries with regard to charities but not in relation to any exempt charity) after “any exempt charity” insert “except where this has been requested by its principal regulator.”

Power to call for documents etc.

3 In section 9 of the 1993 Act (power of Commission to call for documents and search records) omit subsection (4) (exclusion of documents relating only to exempt charities).

Concurrent jurisdiction of Commission with High Court

4 (1) Section 16 of the 1993 Act (concurrent jurisdiction of Commission with High Court for certain purposes) is amended as follows.

(2) In subsection (4)(c) (application for Commission to exercise powers may be made by Attorney General except in case of exempt charity) omit “in the case of a charity other than an exempt charity,”.

(3) In subsection (5) (jurisdiction exercisable in case of charity which is not an exempt charity and whose annual income does not exceed £500) omit “which is not an exempt charity and”.

Further powers of Commission

5 In section 17(7) of the 1993 Act (expenditure by charity on promoting Parliamentary Bill needs consent of court or Commission except in case of exempt charity) omit the words from “but this subsection” onwards.

Power to act for protection of charities

6 In section 18 of the 1993 Act (power of Commission to act for protection of charities) for subsection (16) substitute—

“(16) In this section—

(a) subsections (1) to (3) apply in relation to an exempt charity, and

(b) subsections (4) to (6) apply in relation to such a charity at any time after the Commission have instituted an inquiry under section 8 with respect to it,

and the other provisions of this section apply accordingly.”

Power to give directions about dormant bank accounts

7 In section 28 of the 1993 Act (power of Commission to give directions about dormant bank accounts of charities), omit subsection (10) (exclusion of accounts held by or on behalf of exempt charity).

Proceedings by persons other than Commission

8 (1) Section 33 of the 1993 Act (charity proceedings by persons other than Commission) is amended as follows.

(2) In subsection (2) (proceedings relating to a charity other than an exempt charity must be authorised by the Commission) omit “(other than an exempt charity)”.

(3) In subsection (7) (participation by Attorney General in proceedings relating to charity other than exempt charity) omit “(other than an exempt charity)”.

Power to order disqualified person to repay sums received from charity

9 In section 73 of the 1993 Act (consequences of person acting as charity trustee while disqualified), in subsection (4) (power of Commission to order disqualified person to repay sums received from a charity other than an exempt charity) omit “(other than an exempt charity)”.