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Version Superseded: 14/03/2012
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(1)Where a charity required to be registered by virtue of section 3A(1) above is not registered, it is the duty of the charity trustees—
(a)to apply to the Commission for the charity to be registered, and
(b)to supply the Commission with the required documents and information.
(2)The “required documents and information” are—
(a)copies of the charity's trusts or (if they are not set out in any extant document) particulars of them,
(b)such other documents or information as may be prescribed by regulations made by the Minister, and
(c)such other documents or information as the Commission may require for the purposes of the application.
(3)Where an institution is for the time being registered, it is the duty of the charity trustees (or the last charity trustees)—
(a)to notify the Commission if the institution ceases to exist, or if there is any change in its trusts or in the particulars of it entered in the register, and
(b)(so far as appropriate), to supply the Commission with particulars of any such change and copies of any new trusts or alterations of the trusts.
(4)Nothing in subsection (3) above requires a person—
(a)to supply the Commission with copies of schemes for the administration of a charity made otherwise than by the court,
(b)to notify the Commission of any change made with respect to a registered charity by such a scheme, or
(c)if he refers the Commission to a document or copy already in the possession of the Commission, to supply a further copy of the document.
(5)Where a copy of a document relating to a registered charity—
(a)is not required to be supplied to the Commission as the result of subsection (4) above, but
(b)is in the possession of the Commission,
a copy of the document shall be open to inspection under section 3(10) above as if supplied to the Commission under this section.]
Textual Amendments
F1Ss. 3-3B substituted for s. 3 (27.2.2007 for the insertion of ss. 3A(2)(c)(4)(b)(5), 3B(2)(b) for specified purposes, 31.1.2009 in so far as not already in force except for the insertion of s. 3A(6)) by Charities Act 2006 (c. 50), ss. 9, 79(2); S.I. 2007/309, art. 2, Sch.; S.I. 2008/3267, art. 2, Sch. (with arts. 3-27) (as amended: (29.9.2009) by S.I. 2009/2648, art. 3; (26.7.2010) by S.I. 2010/1942, art. 2; and (1.8.2011) by S.I. 2011/1725, arts. 1(2), 3, Sch. para. 6)
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