Charities Act 1993 (repealed)

9 Power to call for documents and search records. E+W

(1) [F1 The Commission] may by order—

(a) require any person to [F2 furnish the Commission] with any information in his possession which relates to any charity and is relevant to the discharge of [F3 the Commission's functions] or of the functions of the official custodian;

(b) require any person who has in his custody or under his control any document which relates to any charity and is relevant to the discharge of [F3 the Commission's functions] or of the functions of the official custodian—

(i) to [F2 furnish the Commission] with a copy of or extract from the document, or

(ii) (unless the document forms part of the records or other documents of a court or of a public or local authority) to transmit the document itself to [F4 the Commission for its] inspection.

(2) Any [F5 member of the staff of the Commission, if so authorised by it], shall be entitled without payment to inspect and take copies of or extracts from the records or other documents of any court, or of any public registry or office of records, for any purpose connected with the discharge of the functions of [F6 the Commission] or of the official custodian.

(3) [F7 The Commission] shall be entitled without payment to keep any copy or extract furnished [F8 to it] under subsection (1) above; and where a document transmitted [F9 to the Commission] under that subsection for [F10 it to inspect] relates only to one or more charities and is not held by any person entitled as trustee or otherwise to the custody of it, [F11 the Commission] may keep it or may deliver it to the charity trustees or to any other person who may be so entitled.

(4) No person properly having the custody of documents relating only to an exempt charity shall be required under subsection (1) above to transmit to the Commissioners any of those documents, or to furnish any copy of or extract from any of them.

(5) The rights conferred by subsection (2) above shall, in relation to information recorded otherwise than in legible form, include the right to require the information to be made available in legible form for inspection or for a copy or extract to be made of or from it.

[F12 (6) In subsection (2) the reference to a member of the staff of the Commission includes the official custodian even if he is not a member of the staff of the Commission.]

Textual Amendments

F1 Words in s. 9(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 103(2)(a); S.I. 2007/309, art. 2, Sch.

F2 Words in s. 9(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 103(2)(b); S.I. 2007/309, art. 2, Sch.

F3 Words in s. 9(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 103(2)(c); S.I. 2007/309, art. 2, Sch.

F4 Words in s. 9(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 103(2)(d); S.I. 2007/309, art. 2, Sch.

F5 Words in s. 9(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 103(3)(a); S.I. 2007/309, art. 2, Sch.

F6 Words in s. 9(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 103(3)(b); S.I. 2007/309, art. 2, Sch.

F7 Words in s. 9(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 103(4)(a); S.I. 2007/309, art. 2, Sch.

F8 Words in s. 9(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 103(4)(b); S.I. 2007/309, art. 2, Sch.

F9 Words in s. 9(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 103(4)(c); S.I. 2007/309, art. 2, Sch.

F10 Words in s. 9(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 103(4)(d); S.I. 2007/309, art. 2, Sch.

F11 Words in s. 9(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 103(4)(e); S.I. 2007/309, art. 2, Sch.

F12 S. 9(6) added (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 103(5); S.I. 2007/309, art. 2, Sch.