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Charities Act 1993 (repealed)
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Changes over time for: Section 32
Version Superseded: 14/03/2012
Alternative versions:
- 01/08/1993- Amendment
- 27/02/2007- Amendment
- 01/10/2007
Point in time - 14/03/2012- Amendment
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Point in time view as at 01/10/2007. This version of this provision has been superseded.
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There are currently no known outstanding effects for the Charities Act 1993 (repealed), Section 32.
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32 Proceedings by [F1Commission]E+W
(1)Subject to subsection (2) below, [F2the Commission] may exercise the same powers with respect to—
(a)the taking of legal proceedings with reference to charities or the property or affairs of charities, or
(b)the compromise of claims with a view to avoiding or ending such proceedings,
as are exercisable by the Attorney General acting ex officio.
(2)Subsection (1) above does not apply to the power of the Attorney General under section 63(1) below to present a petition for the winding up of a charity.
(3)The practice and procedure to be followed in relation to any proceedings taken by [F3the Commission] under subsection (1) above shall be the same in all respects (and in particular as regards costs) as if they were proceedings taken by the Attorney General acting ex officio.
(4)No rule of law or practice shall be taken to require the Attorney General to be a party to any such proceedings.
(5)The powers exercisable by [F4the Commission] by virtue of this section shall be exercisable [F5by the Commission of its own] motion, but shall be exercisable only with the agreement of the Attorney General on each occasion.
Textual Amendments
F1Words in s. 32 substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 124(4); S.I. 2007/309, art. 2, Sch.
F2Words in s. 32(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 124(2); S.I. 2007/309, art. 2, Sch.
F3Words in s. 32(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 124(2); S.I. 2007/309, art. 2, Sch.
F4Words in s. 32(5) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 124(3)(a); S.I. 2007/309, art. 2, Sch.
F5Words in s. 32(5) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 124(3)(b); S.I. 2007/309, art. 2, Sch.
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