Charities Act 2011, Section 42 is up to date with all changes known to be in force on or before 03 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
[F2(1)If one or more of the conditions in subsection (2) are met in relation to the name or a working name of a charity, the Commission may give a direction—
(a)requiring the name of the charity to be changed to a name determined by the charity trustees with the approval of the Commission, or
(b)requiring that that working name of the charity no longer be used as a working name (as the case may be).
(1A)A direction given under this section must specify the period within which the charity is to comply with the direction.]
(2)[F3The conditions are—
(a)that the name or working name is the same as, or in the opinion of the Commission too like, the name or a working name of another charity,]
(b)[F4that the name or working name] of the charity is in the opinion of the Commission likely to mislead the public as to the true nature of—
(i)the purposes of the charity as set out in its trusts, or
(ii)the activities which the charity carries on under its trusts in pursuit of those purposes,
(c)[F5that the name or working name] of the charity includes any word or expression for the time being specified in regulations made by the [F6Secretary of State] and the inclusion in [F7the name or working name] of that word or expression is in the opinion of the Commission likely to mislead the public in any respect as to the status of the charity,
(d)[F8that the name or working name] is in the opinion of the Commission likely to give the impression that the charity is connected in some way with Her Majesty's Government or any local authority, or with any other body of persons or any individual, when it is not so connected, or
(e)[F9that the name or working name] is in the opinion of the Commission offensive.
F10(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F11(4)In this Act, any reference to a working name of a charity is a reference to a name that is not the name of the charity but which is used to designate the charity and under which activities of the charity are carried out.]
(5)Any direction given under this section with respect to a charity must be given to the charity trustees.
Textual Amendments
F1Words in s. 42 heading inserted (14.6.2023) by Charities Act 2022 (c. 6), ss. 25(a), 41(4); S.I. 2023/643, Sch. para. 12
F2S. 42(1)(1A) substituted for s. 42(1) (14.6.2023) by Charities Act 2022 (c. 6), ss. 25(b), 41(4); S.I. 2023/643, Sch. para. 12
F3Words in s. 42(2) substituted (14.6.2023) by Charities Act 2022 (c. 6), ss. 25(c)(i), 41(4); S.I. 2023/643, Sch. para. 12
F4Words in s. 42(2)(b) substituted (14.6.2023) by Charities Act 2022 (c. 6), ss. 25(c)(ii), 41(4); S.I. 2023/643, Sch. para. 12
F5Words in s. 42(2)(c) substituted (14.6.2023) by Charities Act 2022 (c. 6), ss. 25(c)(iii), 41(4); S.I. 2023/643, Sch. para. 12
F6Words in s. 42(2)(c) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 25(2)(k) (with art. 12)
F7Words in s. 42(2)(c) substituted (14.6.2023) by Charities Act 2022 (c. 6), ss. 25(c)(iv), 41(4); S.I. 2023/643, Sch. para. 12
F8Words in s. 42(2)(d) substituted (14.6.2023) by Charities Act 2022 (c. 6), ss. 25(c)(v), 41(4); S.I. 2023/643, Sch. para. 12
F9Words in s. 42(2)(e) substituted (14.6.2023) by Charities Act 2022 (c. 6), ss. 25(c)(vi), 41(4); S.I. 2023/643, Sch. para. 12
F10S. 42(3) omitted (14.6.2023) by virtue of Charities Act 2022 (c. 6), ss. 25(d), 41(4); S.I. 2023/643, Sch. para. 12
F11S. 42(4) substituted (14.6.2023) by Charities Act 2022 (c. 6), ss. 25(e), 41(4); S.I. 2023/643, Sch. para. 12
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