F1Part 8ACharitable incorporated organisations
Nature and constitution
69DOffences connected with name and status
F21
In the case of failure, without reasonable excuse, to comply with section 69C an offence is committed by—
a
every charity trustee of the CIO who is in default, and
b
any other person who on the CIO’s behalf—
i
signs or authorises the signing of the offending document, communication or conveyance, or
ii
otherwise commits or authorises the offending act or omission.
1A
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 3 on the standard scale.
1B
The reference in subsection (1) to a charity trustee being “in default”, and the reference in F4subsection (1A) to a daily default fine, have the same meaning as in the Companies Acts (see sections 1121 to 1123 and 1125 of the Companies Act 2006).
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3
A person who holds any body out as being a CIO when it is not (however he does this) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
It is a defence for a person charged with an offence under subsection (3) to prove that he believed on reasonable grounds that the body was a CIO.
Pt. 8A inserted (27.2.2007 for the insertion of ss. 69B(3)(5), 69E(2)(b), 69G(5)(d), 69H(4), 69J, 69N, 69Q for specified purposes) by Charities Act 2006 (c. 50), s. 79(2), Sch. 7 para. 1; S.I. 2007/309, art. 2, Sch.