Part IIIU.K.[F1Information Powers]

Textual Amendments

F1Pt. III heading substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 101; S.I. 2007/309, art. 2, Sch.

8 General power to institute inquiries.E+W

(1)[F2The Commission] may from time to time institute inquiries with regard to charities or a particular charity or class of charities, either generally or for particular purposes, but no such inquiry shall extend to any exempt charity [F3except where this has been requested by its principal regulator.]

(2)[F4The Commission] may either conduct such an inquiry [F5itself] or appoint a person to conduct it and make a report [F6to the Commission].

(3)For the purposes of any such inquiry [F7the Commission, or a person appointed by the Commission] to conduct it, may direct any person (subject to the provisions of this section)—

(a)to furnish accounts and statements in writing with respect to any matter in question at the inquiry, being a matter on which he has or can reasonably obtain information, or to return answers in writing to any questions or inquiries addressed to him on any such matter, and to verify any such accounts, statements or answers by statutory declaration;

(b)to furnish copies of documents in his custody or under his control which relate to any matter in question at the inquiry, and to verify any such copies by statutory declaration;

(c)to attend at a specified time and place and give evidence or produce any such documents.

(4)For the purposes of any such inquiry evidence may be taken on oath, and the person conducting the inquiry may for that purpose administer oaths, or may instead of administering an oath require the person examined to make and subscribe a declaration of the truth of the matters about which he is examined.

(5)[F8The Commission] may pay to any person the necessary expenses of his attendance to give evidence or produce documents for the purpose of an inquiry under this section, and a person shall not be required in obedience to a direction under paragraph (c) of subsection (3) above to go more than ten miles from his place of residence unless those expenses are paid or tendered to him.

(6)Where an inquiry has been held under this section, [F9the Commission] may either—

(a)cause the report of the person conducting the inquiry, or such other statement of the results of the inquiry as [F10the Commission thinks] fit, to be printed and published, or

(b)publish any such report or statement in some other way which is calculated in [F11the Commission's opinion] to bring it to the attention of persons who may wish to make representations [F12to the Commission] about the action to be taken.

(7)The council of a county or district, the Common Council of the City of London and the council of a London borough may contribute to the expenses of [F13the Commission] in connection with inquiries under this section into local charities in the council’s area.

Textual Amendments

F2Words in s. 8(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 102(2); S.I. 2007/309, art. 2, Sch.

F3Words in s. 8(1) inserted (1.6.2010 for specified purposes, 1.8.2011 for specified purposes) by Charities Act 2006 (c. 50), s. 79(2), Sch. 5 para. 2; S.I. 2010/503, art. 2, Sch. 1 (with Sch. 2); S.I. 2011/1728, art. 2, Sch. 1 (with Sch. 2)

F4Words in s. 8(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 102(3)(a); S.I. 2007/309, art. 2, Sch.

F6Words in s. 8(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 102(3)(c); S.I. 2007/309, art. 2, Sch.

F7Words in s. 8(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 102(4); S.I. 2007/309, art. 2, Sch.

F8Words in s. 8(5) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 102(5); S.I. 2007/309, art. 2, Sch.

F9Words in s. 8(6) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 102(6)(a); S.I. 2007/309, art. 2, Sch.

F13Words in s. 8(7) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 102(7); S.I. 2007/309, art. 2, Sch.

Modifications etc. (not altering text)