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Changes over time for: Section 114


Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 29/04/2021.
Changes to legislation:
Charities Act 2011, Section 114 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation
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114Proceedings by the CommissionE+W
(1)Subject to subsection (2), the 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) does not apply to the power of the Attorney General under section 113(2) 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 the Commission under subsection (1) are 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 is to be treated as requiring the Attorney General to be a party to any such proceedings.
(5)The powers exercisable by the Commission by virtue of this section are exercisable—
(a)by the Commission of its own motion, but
(b)only with the agreement of the Attorney General on each occasion.
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