Charities Act 2011

227Registration and coming into effect of amendments

(1)A CIO must send to the Commission a copy of a resolution containing an amendment to its constitution, together with—

(a)a copy of the constitution as amended, and

(b)such other documents and information as the Commission may require,

by the end of the period of 15 days beginning with the date of passing of the resolution (see section 224(3)).

(2)An amendment to a CIO’s constitution does not take effect until it has been registered.

(3)The Commission must refuse to register an amendment if—

(a)in the opinion of the Commission the CIO had no power to make it (for example, because the effect of making it would be that the CIO ceased to be a charity, or that the CIO or its constitution did not comply with any requirement imposed by or by virtue of this Act or any other enactment), or

(b)the amendment would change the name of the CIO, and the Commission could have refused an application under section 207 for the constitution and registration of a CIO with the name specified in the amendment on a ground set out in section 208(2).

(4)The Commission may refuse to register an amendment if—

(a)the amendment would make a regulated alteration, and

(b)the consent referred to in section 226(1) had not been obtained.

(5)But if the Commission does register such an amendment, section 226(1) does not apply.