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Charities Act 2011

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Changes over time for: Section 156

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Charities Act 2011, Section 156 is up to date with all changes known to be in force on or before 22 February 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. Help about Changes to Legislation

156Duty of auditors etc. to report matters to CommissionE+W

(1)This section applies to a person (“P”) who—

(a)is acting as an auditor or independent examiner appointed by or in relation to a charity under sections 144 to 146 (audit or examination of individual accounts),

(b)is acting as an auditor or examiner appointed under section 149(2) or (3) (audit or examination of English NHS charity accounts), or

(c)is the Auditor General for Wales acting under section 150(2) or (3) (audit or examination of Welsh NHS charity accounts).

(2)If, in the course of acting in the capacity mentioned in subsection (1), P becomes aware of a matter—

(a)which relates to the activities or affairs of the charity or of any connected institution or body, and

(b)which P has reasonable cause to believe is likely to be of material significance for the purposes of the exercise by the Commission of its functions under the provisions mentioned in subsection (3),

P must immediately make a written report on the matter to the Commission.

(3)The provisions are—

(a)sections 46, 47 and 50 (inquiries by Commission);

(b)sections 76 and 79 to 82 (Commission's powers to act for protection of charities).

(4)If, in the course of acting in the capacity mentioned in subsection (1), P becomes aware of any matter—

(a)which does not appear to P to be one that P is required to report under subsection (2), but

(b)which P has reasonable cause to believe is likely to be relevant for the purposes of the exercise by the Commission of any of its functions,

P may make a report on the matter to the Commission.

(5)Where the duty or power under subsection (2) or (4) has arisen in relation to P when acting in the capacity mentioned in subsection (1), the duty or power is not affected by P's subsequently ceasing to act in that capacity.

(6)Where P makes a report as required or authorised by subsection (2) or (4), no duty to which P is subject is to be regarded as contravened merely because of any information or opinion contained in the report.

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