Part 18E+WMiscellaneous and supplementary

Enforcement powers of Commission etc.E+W

337Other provisions as to orders [F1etc] of CommissionE+W

(1)Any order made by the Commission under this Act may include such incidental or supplementary provisions as the Commission thinks expedient for carrying into effect the objects of the order.

(2)Where the Commission exercises any jurisdiction to make an order under this Act on an application or reference to it, it may insert any such provisions in the order even though the application or reference does not propose their insertion.

[F2(2A)Where an application is made for an order under this Act or the Commission proposes to make such an order, the Commission—

(a)may itself give such public notice as it thinks fit of the contents of the order applied for or proposed to be made, or

(b)may require it to be given by—

(i)any person making an application for the order, or

(ii)any charity that would be affected by the order.]

(3)Where the Commission makes an order under this Act, the Commission—

(a)may itself give such public notice as it thinks fit of the making or contents of the order, or

(b)may require it to be given by—

(i)any person on whose application the order is made, or

(ii)any charity affected by the order.

[F3(3A)Where the Commission’s written consent is sought under section 67A, 198, 226 or 280A in relation to a charity, the Commission—

(a)may itself give such public notice as it thinks fit of the contents of the consent sought, or

(b)may require it to be given by the charity.

(3B)Where the Commission gives written consent under section 67A, 198, 226 or 280A in relation to a charity, the Commission—

(a)may itself give such public notice as it thinks fit of the giving or contents of the consent, or

(b)may require it to be given by the charity.]

(4)The Commission may, with or without any application or reference to it, discharge an order in whole or in part, and subject or not to any savings or other transitional provisions, if—

(a)it made the order under any provision of this Act other than section 263 (dissolution of incorporated body), and

(b)at any time within 12 months after it made the order, it is satisfied that the order was made by mistake or on misrepresentation or otherwise than in conformity with this Act.

(5)Except for the purposes of subsection (4) or an appeal under this Act, an order made by the Commission under this Act—

(a)is to be treated as having been duly and formally made, and

(b)is not to be called in question on the ground only of irregularity or informality,

but (subject to any further order) has effect according to its tenor.

(6)Any order made by the Commission under any provision of this Act may be varied or revoked by a subsequent order so made and may include transitional provisions or savings.

Textual Amendments

F1Word in s. 337 heading inserted (7.3.2024) by Charities Act 2022 (c. 6), ss. 37(2)(c), 41(4); S.I. 2024/265, reg. 3, Sch. 1 para. 11

F3S. 337(3A)(3B) inserted (31.10.2022 for specified purposes, 7.3.2024 in so far as not already in force) by Charities Act 2022 (c. 6), ss. 37(2)(b), 41(4); S.I. 2022/1109, Sch. para. 9(c); S.I. 2024/265, reg. 3, Sch. 1 para. 11

Modifications etc. (not altering text)

C3S. 337 applied by 1906 c. 25, s. 4(4) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 8(2) (with s. 20(2), Sch. 8))

C4S. 337 applied by 1943 gsm1, s. 14(4) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 9(2) (with s. 20(2), Sch. 8))

C5S. 337 applied by 1855 c. 81, s. 9(2) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 5(2) (with s. 20(2), Sch. 8))

C6S. 337 applied by 1987 c. 15, s. 4(4) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 48 (with s. 20(2), Sch. 8))