The Charitable Incorporated Organisations (General) Regulations 2012

Power of court to order rectification of register of members

28.—(1) If—

(a) the name of any person is, without sufficient cause, entered in or omitted from a CIO’s register of members; or

(b) default is made or unnecessary delay takes place in entering in the register the fact that any person has ceased to be a member,

a relevant person may apply to the court for the rectification of the register.

(2) The court may either—

(a) refuse the application; or

(b) order the rectification of the register and payment by the CIO of any damages sustained by a party aggrieved.

(3) On such an application the court may decide the title of persons who are parties to the application to have their names entered in or omitted from the register, whether the question arises—

(a) between members;

(b) between members and the CIO;

(c) between members and the Commission; or

(d) between the CIO and the Commission.

(4) On such an application the court may also decide any question necessary or expedient to be decided for rectification of the register.

(5) For the purposes of paragraph (3) references to members of a CIO include references to alleged members of a CIO.

(6) In this regulation “relevant person” means—

(a) the person aggrieved by the entry, omission, default or delay;

(b) a member of the CIO;

(c) the CIO; or

(d) the Commission.