Charities Act 2006

Prospective

61 Withdrawal or variation etc. of permits E+W

(1) Where subsection (2), (3) or (4) applies, a local authority who have issued a permit under section 59 may—

(a) withdraw the permit,

(b) attach any condition (or further condition) to the permit, or

(c) vary any existing condition of the permit.

(2) This subsection applies where the local authority—

(a) have reason to believe that there has been a change in the circumstances which prevailed at the time when they issued the permit, and

(b) are of the opinion that, if the application for the permit had been made in the new circumstances, they would not have issued the permit or would have issued it subject to different or additional conditions.

(3) This subsection applies where the local authority have reason to believe that any information provided to them by the holder of a permit (or, where there is more than one holder, by any of them) for the purposes of the application for the permit was false or misleading in a material particular.

(4) This subsection applies where the local authority have reason to believe that there has been or is likely to be a breach of any condition of a permit issued by them, or that a breach of such a condition is continuing.

(5) Any condition imposed at any time by a local authority under subsection (1) (whether by attaching a new condition to the permit or by varying an existing condition) must be one that it would be appropriate for the authority to attach to the permit under section 59(3) if the holder was applying for it in the circumstances prevailing at that time.

(6) The exercise by a local authority of the power conferred by paragraph (b) or (c) of subsection (1) on one occasion does not prevent them from exercising any of the powers conferred by that subsection on a subsequent occasion; and on any subsequent occasion the reference in subsection (2)(a) to the time when the local authority issued the permit is a reference to the time when they last exercised any of those powers.

(7) Where under this section a local authority—

(a) withdraw a permit,

(b) attach a condition to a permit, or

(c) vary an existing condition of a permit,

they must serve on the holder written notice of their decision and the reasons for their decision.

(8) That notice must also state the right of appeal conferred by section 62(3) and the time within which such an appeal must be brought.

(9) Where a local authority withdraw a permit under this section, they must send a copy of their decision and the reasons for it to the Commission.

(10) Where a local authority under this section withdraw a permit, attach any condition to a permit, or vary an existing condition of a permit, the permit shall continue to have effect as if it had not been withdrawn or (as the case may be) as if the condition had not been attached or varied—

(a) until the time for bringing an appeal under section 62(3) has expired, or

(b) if such an appeal is duly brought, until the determination or abandonment of the appeal.