Law

Charities Act 2011

United Kingdom · statute

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In force since 2026-10-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

sha256 68842b93c7c5e64d9e5e8ee1893c8f297c665d63d36edaf488576b34a4f49272

Contents: 400 provisions

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400 provisions

40 Power to alter sum specified in s.39(1)

The Secretary of State may by order amend section 39(1) by substituting a different sum for the sum for the time being specified there.

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41 Offences

(1) It is an offence for a person, in the case of a registered charity to which section 39 applies, to issue or authorise the issue of any document falling within section 39(2)(a) or (c) which does not contain the statement required by section 39(2). (2) It is an offence for a person, in the case of a registered charity to which section 39 applies, to sign any document falling within section 39(2)(b) which does not contain the statement required by section 39(2). (3) A person guilty of an offence under subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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42 Power to require name or working name to be changed

(1) If one or more of the conditions in subsection (2) are met in relation to the name or a working name of a charity, the Commission may give a direction— (a) requiring the name of the charity to be changed to a name determined by the charity trustees with the approval of the Commission, or (b) requiring that that working name of the charity no longer be used as a working name (as the case may be). (1A) A direction given under this section must specify the period within which the charity is to comply with the direction. (2) The conditions are— (a) that the name or working name is the same as, or in the opinion of the Commission too like, the name or a working name of another charity, (b) that the name or working name of the charity is in the opinion of the Commission likely to mislead the public as to the true nature of— (i) the purposes of the charity as set out in its trusts, or (ii) the activities which the charity carries on under its trusts in pursuit of those purposes, (c) that the name or working name of the charity includes any word or expression for the time being specified in regulations made by the Secretary of State and the inclusion in the name or working name of that word or expression is in the opinion of the Commission likely to mislead the public in any respect as to the status of the charity, (d) that the name or working name is in the opinion of the Commission likely to give the impression that the charity is connected in some way with Her Majesty's Government or any local authority, or with any other body of persons or any individual, when it is not so connected, or (e) that the name or working name is in the opinion of the Commission offensive. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) In this Act, any reference to a working name of a charity is a reference to a name that is not the name of the charity but which is used to designate the charity and under which activities of the charity are carried out. (5) Any direction given under this section with respect to a charity must be given to the charity trustees.

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43 Duty of charity trustees on receiving direction under s.42

(1) On receiving a direction under section 42 the charity trustees must give effect to it regardless of anything in the trusts of the charity. (2) If the name of any charity is changed by virtue of section 42, the charity trustees must without delay notify the Commission of— (a) the charity's new name, and (b) the date on which the change occurred. (3) Subsection (2) does not affect section 35(3) (duty of charity trustees to notify changes in registered particulars).

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44 Change of name not to affect existing rights and obligations etc.

A change of name by a charity by virtue of section 42 does not affect any rights or obligations of the charity; and any legal proceedings that might have been continued or commenced by or against it in its former name may be continued or commenced by or against it in its new name.

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45 Change of name where charity is a company

(1) In relation to a charitable company, any reference in section 42 or 43 to the charity trustees of a charity is to be read as a reference to the directors of the company. (2) Subsections (3) to (5) apply if a direction is given under section 42 with respect to the name of a charitable company. (3) The direction is to be treated as requiring the name of the company to be changed by resolution of the directors of the company. (4) Where a resolution of the directors is passed in accordance with subsection (3), the company must give notice of the change to the registrar of companies. (5) Where the name of the company is changed in compliance with the direction, the registrar of companies must— (a) if satisfied that the new name complies with the requirements of Part 5 of the Companies Act 2006, enter the new name on the register of companies in place of the former name, and (b) issue a certificate of incorporation altered to meet the circumstances of the case; and the change of name has effect from the date on which the altered certificate is issued.

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45A Power to delay registration following s. 42 direction

(1) The Commission may delay the registration of a charity if the Commission has given a direction under section 42 (“the section 42 direction”) requiring the name of the charity to be changed. (2) A delay under subsection (1) may last until the first to occur of— (a) the charity trustees notifying the Commission of the charity’s new name and the date of the name change, or (b) the expiry of the maximum postponement period. (3) The “maximum postponement period” is the period of 60 days beginning at the end of the period specified in the section 42 direction for giving effect to the direction. (4) If any relevant proceedings are commenced, any day on which the relevant proceedings are ongoing is to be disregarded for the purposes of determining whether the period of 60 days mentioned in subsection (3) has elapsed. (5) Each of the following are “relevant proceedings”— (a) proceedings on an appeal brought to the Tribunal under section 319 against the section 42 direction or against any steps taken by the Commission with a view to securing compliance with the section 42 direction; (b) proceedings on an application made to the Tribunal under section 321 for the review of the Commission’s decision to institute an inquiry under section 46 in respect of matters connected with the section 42 direction; (c) proceedings on an application for judicial review of the Commission’s decision to give the section 42 direction or to take any steps with a view to securing compliance with the section 42 direction; (d) proceedings on an application under section 336 in respect of disobedience to the section 42 direction. (6) Relevant proceedings are commenced when a notice, claim form or other document is sent or delivered to, or filed with, the Tribunal or court for the purpose of commencing the proceedings. (7) Relevant proceedings are ongoing until— (a) the proceedings (including any proceedings on appeal or further appeal) have been concluded, and (b) any period during which an appeal (or further appeal) may ordinarily be made has passed.

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45B Power to delay entry of name in register following a s. 42 direction

(1) If the charity trustees of a charity notify the Commission under section 35(3) of a change of name of the charity, the Commission may delay changing the charity’s name in the register if the Commission has given a direction under section 42 (“the section 42 direction”) requiring the new name to be changed. (2) A delay under subsection (1) may last until the first to occur of— (a) the charity trustees notifying the Commission of the charity’s further new name and the date of the further name change, or (b) the expiry of the maximum postponement period. (3) The “maximum postponement period” is the period of 60 days beginning at the end of the period specified in the section 42 direction for giving effect to the direction. (4) If any relevant proceedings are commenced, any day on which the relevant proceedings are ongoing is to be disregarded for the purposes of determining whether the period of 60 days mentioned in subsection (3) has elapsed. (5) Each of the following are “relevant proceedings”— (a) proceedings on an appeal brought to the Tribunal under section 319 against the section 42 direction or against any steps taken by the Commission with a view to securing compliance with the section 42 direction; (b) proceedings on an application made to the Tribunal under section 321 for the review of the Commission’s decision to institute an inquiry under section 46 in respect of matters connected with the section 42 direction; (c) proceedings on an application for judicial review of the Commission’s decision to give the section 42 direction or to take any steps with a view to securing compliance with the section 42 direction; (d) proceedings on an application under section 336 in respect of disobedience to the section 42 direction. (6) Relevant proceedings are commenced when a notice, claim form or other document is sent or delivered to, or filed with, the Tribunal or court for the purpose of commencing the proceedings. (7) Relevant proceedings are ongoing until— (a) the proceedings (including any proceedings on appeal or further appeal) have been concluded, and (b) any period during which an appeal (or further appeal) may ordinarily be made has passed.

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46 General power to institute inquiries

(1) The Commission may from time to time institute inquiries with regard to charities or a particular charity or class of charities, either generally or for particular purposes. (2) But no such inquiry is to extend to any exempt charity except where this has been requested by its principal regulator. (3) The Commission may— (a) conduct such an inquiry itself, or (b) appoint a person to conduct it and make a report to the Commission. (4) This section and sections 47 to 49 (obtaining evidence and search warrants) have effect in relation to a body entered in the Scottish Charity Register which is managed or controlled wholly or mainly in or from England or Wales as they have effect in relation to a charity.

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47 Obtaining evidence etc. for purposes of inquiry

(1) In this section “inquiry” means an inquiry under section 46. (2) For the purposes of an inquiry, the Commission, or a person appointed by the Commission to conduct it, may direct any person— (a) if a matter in question at the inquiry is one on which the person has or can reasonably obtain information— (i) to provide accounts and statements in writing with respect to the matter, or to return answers in writing to any questions or inquiries addressed to the person on the matter, and (ii) to verify any such accounts, statements or answers by statutory declaration; (b) to provide copies of documents which are in the custody or under the control of the person and which relate to any matter in question at the inquiry, and to verify any such copies by statutory declaration; (c) to attend at a specified time and place and give evidence or produce any such documents. But this is subject to the provisions of this section. (3) For the purposes of an inquiry— (a) evidence may be taken on oath, and the person conducting the inquiry may for that purpose administer oaths, or (b) the person conducting the inquiry may instead of administering an oath require the person examined to make and subscribe a declaration of the truth of the matters about which that person is examined. (4) The Commission may pay to any person attending to give evidence or produce documents for the purpose of an inquiry the necessary expenses of doing so. (5) A direction under subsection (2)(c) may not require a person to go more than 10 miles from the person's place of residence unless those expenses are paid or tendered to the person.

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48 Power to obtain search warrant for purposes of inquiry

(1) A justice of the peace may issue a warrant under this section if satisfied, on information given on oath by a member of the Commission's staff, that there are reasonable grounds for believing that each of the conditions in subsection (2) is satisfied. (2) The conditions are— (a) that an inquiry has been instituted under section 46, (b) that there is on the premises to be specified in the warrant any document or information relevant to that inquiry which the Commission could require to be produced or provided under section 52(1), and (c) that, if the Commission were to make an order requiring the document or information to be so produced or provided— (i) the order would not be complied with, or (ii) the document or information would be removed, tampered with, concealed or destroyed. (3) A warrant under this section is a warrant authorising the member of the Commission's staff who is named in it (“P”)— (a) to enter and search the premises specified in it; (b) to take such other persons with P as the Commission considers are needed to assist P in doing anything that P is authorised to do under the warrant; (c) to take possession of any documents which appear to fall within subsection (2)(b), or to take any other steps which appear to be necessary for preserving, or preventing interference with, any such documents; (d) to take possession of any computer disk or other electronic storage device which appears to contain information falling within subsection (2)(b), or information contained in a document so falling, or to take any other steps which appear to be necessary for preserving, or preventing interference with, any such information; (e) to take copies of, or extracts from, any documents or information falling within paragraph (c) or (d); (f) to require any person on the premises to provide an explanation of any such document or information or to state where any such documents or information may be found; (g) to require any such person to give P such assistance as P may reasonably require for the taking of copies or extracts as mentioned in paragraph (e).

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49 Execution of search warrant

(1) Entry and search under a warrant under section 48 must be at a reasonable hour and within one month of the date of its issue. (2) The member of the Commission's staff who is authorised under such a warrant (“P”) must, if required to do so, produce— (a) the warrant, and (b) documentary evidence that P is a member of the Commission's staff, for inspection by the occupier of the premises or anyone acting on the occupier's behalf. (3) P must make a written record of— (a) the date and time of P's entry on the premises, (b) the number of persons (if any) who accompanied P on to the premises and the names of any such persons, (c) the period for which P (and any such persons) remained on the premises, (d) what P (and any such persons) did while on the premises, and (e) any document or device of which P took possession while there. (4) If required to do so, P must give a copy of the record to the occupier of the premises or someone acting on the occupier's behalf. (5) Unless it is not reasonably practicable to do so, P must before leaving the premises comply with— (a) the requirements of subsection (3), and (b) any requirement made under subsection (4) before P leaves the premises. (6) Where possession of any document or device is taken under section 48— (a) the document may be retained for so long as the Commission considers that it is necessary to retain it (rather than a copy of it) for the purposes of the relevant inquiry under section 46, or (b) the device may be retained for so long as the Commission considers that it is necessary to retain it for the purposes of that inquiry, as the case may be. (7) Once it appears to the Commission that the retention of any document or device has ceased to be so necessary, it must arrange for the document or device to be returned as soon as is reasonably practicable— (a) to the person from whose possession it was taken, or (b) to any of the charity trustees of the charity to which it belonged or related. For the purposes of this subsection as it has effect by virtue of section 46(4), the reference in paragraph (b) to the charity trustees of the charity is to be read as a reference to the persons having the general control and management of the administration of the body entered in the Scottish Charity Register. (8) It is an offence for a person intentionally to obstruct the exercise of any rights conferred by a warrant under section 48. (9) A person guilty of an offence under subsection (8) is liable on summary conviction— (a) to imprisonment for a term not exceeding 51 weeks, or (b) to a fine not exceeding level 5 on the standard scale, or to both.

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50 Publication of results of inquiries

(1) This section applies where an inquiry has been held under section 46. (2) The Commission may— (a) cause the report of the person conducting the inquiry, or such other statement of the results of the inquiry as the Commission thinks fit, to be printed and published, or (b) publish any such report or statement in some other way which is calculated in the Commission's opinion to bring it to the attention of persons who may wish to make representations to the Commission about the action to be taken.

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51 Contributions by local authorities to inquiries into local charities

(1) A council may contribute to the expenses of the Commission in connection with inquiries under section 46 into local charities in the council's area. (2) In subsection (1) “council” means— (a) a district council; (b) a county council; (c) a county borough council; (d) a London borough council; (e) the Common Council of the City of London.

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52 Power to call for documents

(1) The Commission may by order— (a) require any person to provide the Commission with any information which is in that person's possession and which— (i) relates to any charity, and (ii) is relevant to the discharge of the functions of the Commission or of the official custodian; (b) require any person who has custody or control of any document which relates to any charity and is relevant to the discharge of the functions of the Commission or of the official custodian— (i) to provide the Commission with a copy of or extract from the document, or (ii) to transmit the document itself to the Commission for its inspection (unless the document forms part of the records or other documents of a court or of a public or local authority). (2) The Commission is entitled without payment to keep any copy or extract provided to it under subsection (1). (3) If a document transmitted to the Commission under subsection (1) for it to inspect— (a) relates only to one or more charities, and (b) is not held by any person entitled as trustee or otherwise to the custody of it, the Commission may keep it or may deliver it to the charity trustees or to any other person who may be so entitled. (4) This section has effect in relation to any body entered in the Scottish Charity Register which is managed or controlled wholly or mainly in or from England or Wales as it has effect in relation to a charity.

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53 Power to search records

(1) Any member of the staff of the Commission, if so authorised by it, is entitled without payment to inspect and take copies of or extracts from the records or other documents of— (a) any court, or (b) any public registry or office of records, for any purpose connected with the discharge of the functions of the Commission or of the official custodian. (2) The reference in subsection (1) to a member of the staff of the Commission includes the official custodian even if not a member of the staff of the Commission. (3) The rights conferred by subsection (1), in relation to information recorded otherwise than in legible form, include the right to require the information to be made available in legible form— (a) for inspection, or (b) for a copy or extract to be made of or from it.

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54 Disclosure to Commission: general

(1) A relevant public authority may disclose information to the Commission if the disclosure is made for the purpose of enabling or assisting the Commission to discharge any of its functions. (2) Subsection (1) is subject to section 55. (3) In this section “relevant public authority” means— (a) any government department (including a Northern Ireland department), (b) any local authority, (c) any constable, and (d) any other body or person discharging functions of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).

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55 Disclosure to Commission: Revenue and Customs information

(1) Revenue and Customs information may be disclosed under section 54(1) only if it relates to an institution, undertaking or body falling within one (or more) of the following paragraphs— (a) a charity; (b) an institution which is established for charitable, benevolent or philanthropic purposes; (c) an institution by or in respect of which a claim for tax exemption has at any time been made; (d) a subsidiary undertaking of a charity; (e) a body entered in the Scottish Charity Register which is managed or controlled wholly or mainly in or from England or Wales. (2) In subsection (1)(d) “subsidiary undertaking of a charity” means an undertaking (as defined by section 1161(1) of the Companies Act 2006) in relation to which— (a) a charity is (or is to be treated as) a parent undertaking in accordance with the provisions of section 1162 of, and Schedule 7 to, the Companies Act 2006, or (b) two or more charities would, if they were a single charity, be (or be treated as) a parent undertaking in accordance with those provisions. (3) For the purposes of the references to a parent undertaking— (a) in subsection (2), and (b) in section 1162 of, and Schedule 7 to, the Companies Act 2006 as they apply for the purposes of subsection (2), “undertaking” includes a charity which is not an undertaking as defined by section 1161(1) of that Act. (4) In this section “Revenue and Customs information” means information held as mentioned in section 18(1) of the Commissioners for Revenue and Customs Act 2005. (5) For the purposes of subsection (1)(c), “claim for tax exemption” means— (a) a claim for exemption under section 505(1) of the Income and Corporation Taxes Act 1988, (b) a claim for exemption under Part 10 of the Income Tax Act 2007, or (c) a claim for exemption under Part 11 of the Corporation Tax Act 2010, if it is not— (i) a claim for exemption under section 475, 476 or 477 (reliefs for eligible bodies and scientific research organisations), or (ii) a claim made by virtue of section 490 or 491 (application of exemptions to eligible bodies and scientific research organisations).

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56 Disclosure by Commission: general

(1) The Commission may disclose to any relevant public authority any information received by the Commission in connection with any of the Commission's functions if— (a) the disclosure is made for the purpose of enabling or assisting the relevant public authority to discharge any of its functions, or (b) the information so disclosed is otherwise relevant to the discharge of any of the functions of the relevant public authority. (2) Subsection (1) is subject to subsection (3) and section 57(1) and (2). (3) In the case of information disclosed to the Commission under section 54(1), the Commission's power to disclose the information under subsection (1) is exercisable subject to any express restriction subject to which the information was disclosed to the Commission. (4) In this section “relevant public authority” has the same meaning as in section 54, except that it also includes any body or person within section 54(3)(d) in a country or territory outside the United Kingdom.

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57 Disclosure by Commission: Revenue and Customs information

(1) Section 56(3) does not apply in relation to Revenue and Customs information disclosed to the Commission under section 54(1). (2) But any such information may not be further disclosed (whether under section 56(1) or otherwise) except with the consent of the Commissioners for Her Majesty's Revenue and Customs. (3) It is an offence for a responsible person to disclose information in contravention of subsection (2). (4) A person guilty of an offence under subsection (3) is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both. (5) It is a defence, where a responsible person is charged with an offence under subsection (3) of disclosing information, to prove that that person reasonably believed— (a) that the disclosure was lawful, or (b) that the information had already and lawfully been made available to the public. (6) In the application of this section to Northern Ireland, the reference to 12 months in subsection (4) is to be read as a reference to 6 months. (6A) In the application of this section to England and Wales, the reference in subsection (4)(a) to 12 months is to be read as a reference to the general limit in a magistrates’ court (7) In this section “Revenue and Customs information” means information held as mentioned in section 18(1) of the Commissioners for Revenue and Customs Act 2005. (8) In this section “responsible person” means a person who is or was— (a) a member of the Commission, (b) a member of the staff of the Commission, (c) a person acting on behalf of— (i) the Commission, or (ii) a member of the staff of the Commission, or (d) a member of a committee established by the Commission.

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58 Disclosure to and by principal regulators of exempt charities

(1) Sections 54 to 57 apply with the modifications in subsections (2) to (4) in relation to the disclosure of information to or by the principal regulator of an exempt charity. (2) References in those sections to the Commission or to any of its functions are to be read as references to the principal regulator of an exempt charity or to any of the functions of that body or person as principal regulator in relation to the charity. (3) Section 55 has effect as if for subsections (1) and (2) there were substituted— (1) Revenue and Customs information may be disclosed under section 54(1) only if it relates to— (a) the exempt charity in relation to which the principal regulator has functions as such, or (b) a subsidiary undertaking of the exempt charity. (2) In subsection (1)(b) “subsidiary undertaking of the exempt charity” means an undertaking (as defined by section 1161(1) of the Companies Act 2006) in relation to which— (a) the exempt charity is (or is to be treated as) a parent undertaking in accordance with the provisions of section 1162 of, and Schedule 7 to, the Companies Act 2006, or (b) the exempt charity and one or more other charities would, if they were a single charity, be (or be treated as) a parent undertaking in accordance with those provisions. (4) Section 57 has effect as if for the definition of “responsible person” in subsection (8) there were substituted a definition specified by regulations under section 25 (meaning of “ principal regulator ”). (5) Regulations under section 25 may also make such amendments or other modifications of any enactment as the Secretary of State considers appropriate for securing that any disclosure provisions that would otherwise apply in relation to the principal regulator of an exempt charity do not apply in relation to that body or person as principal regulator. (6) In subsection (5) “disclosure provisions” means provisions having effect for authorising, or otherwise in connection with, the disclosure of information by or to the principal regulator concerned. (7) In subsection (5) “enactment” includes— (a) any provision of subordinate legislation (within the meaning of the Interpretation Act 1978), and (b) a provision of a Measure of the Church Assembly or of the General Synod of the Church of England, and references to enactments include enactments whenever passed or made.

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59 Disclosure: supplementary

(1) Nothing in sections 54 to 57 (or in those sections as applied by section 58(1) to (4)) authorises the making of a disclosure which— (a) contravenes the data protection legislation, or (b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016. (2) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

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60 Supply of false or misleading information to Commission etc.

(1) It is an offence for a person knowingly or recklessly to provide the Commission with information which is false or misleading in a material particular if the information is provided— (a) in purported compliance with a requirement imposed by or under this Act, or (b) otherwise than as mentioned in paragraph (a) but in circumstances in which the person providing the information— (i) intends, or (ii) could reasonably be expected to know, that it would be used by the Commission for the purpose of discharging its functions under this Act. (2) It is an offence for a person wilfully to alter, suppress, conceal or destroy any document which the person is or is liable to be required, by or under this Act, to produce to the Commission. (3) A person guilty of an offence under this section is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both. (4) In this section references to the Commission include references to any person conducting an inquiry under section 46.

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61 Duty of trustees in relation to application of property cy-près

It is hereby declared that a trust for charitable purposes places a trustee under a duty, where the case permits and requires the property or some part of it to be applied cy-près, to secure its effective use for charity by taking steps to enable it to be so applied.

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62 Occasions for applying property cy-près

(1) Subject to subsection (3), the circumstances in which the original purposes of a charitable gift can be altered to allow the property given or part of it to be applied cy-près are— (a) where the original purposes, in whole or in part— (i) have been as far as may be fulfilled, or (ii) cannot be carried out, or not according to the directions given and to the spirit of the gift, (b) where the original purposes provide a use for part only of the property available by virtue of the gift, (c) where— (i) the property available by virtue of the gift, and (ii) other property applicable for similar purposes, can be more effectively used in conjunction, and to that end can suitably, regard being had to the appropriate considerations, be made applicable to common purposes, (d) where the original purposes were laid down by reference to— (i) an area which then was but has since ceased to be a unit for some other purpose, or (ii) a class of persons or an area which has for any reason since ceased to be suitable, regard being had to the appropriate considerations, or to be practical in administering the gift, or (e) where the original purposes, in whole or in part, have, since they were laid down— (i) been adequately provided for by other means, (ii) ceased, as being useless or harmful to the community or for other reasons, to be in law charitable, or (iii) ceased in any other way to provide a suitable and effective method of using the property available by virtue of the gift, regard being had to the appropriate considerations. (2) In subsection (1) “the appropriate considerations” means— (a) (on the one hand) the spirit of the gift concerned, and (b) (on the other) the social and economic circumstances prevailing at the time of the proposed alteration of the original purposes. (3) Subsection (1) does not affect the conditions which must be satisfied in order that property given for charitable purposes may be applied cy-près except in so far as those conditions require a failure of the original purposes. (4) References in subsections (1) to (3) to the original purposes of a gift are to be read, where the application of the property given has been altered or regulated by a scheme or otherwise, as referring to the purposes for which the property is for the time being applicable. (5) The court may by scheme made under the court's jurisdiction with respect to charities, in any case where the purposes for which the property is held are laid down by reference to any such area as is mentioned in column 1 in Schedule 4, provide for enlarging the area to any such area as is mentioned in column 2 in the same entry in that Schedule. (6) Subsection (5) does not affect the power to make schemes in circumstances falling within subsection (1).

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63A Failure of specific charitable purposes: application cy-près

(1) Property given for specific charitable purposes which fail is applicable cy-près as if given for charitable purposes generally, if— (a) the court or the Commission by order so direct, or (b) the condition specified in subsection (3), (4) or (6) is met. (2) An order may be made under subsection (1)(a) if it appears to the court or the Commission— (a) that it would be unreasonable, having regard to the amounts likely to be returned to the donors, to incur expense with a view to returning the property, or (b) that it would be unreasonable, having regard to the nature, circumstances and amounts of the gifts, and to the lapse of time since the gifts were made, for the donors to expect the property to be returned. (3) The condition in this subsection is met if— (a) the property is a single gift of £120 or less, and (b) the charity trustees reasonably believe that during the financial year of the charity in which it is given the total amount given by the donor to the charity for the specific charitable purposes is £120 or less, unless at the time of giving the gift the donor states in writing that the gift must be returned if the specific charitable purposes fail. (4) The condition in this subsection is met if the property is given by a donor who, after the agreed actions are taken, is not identified or is not found. (5) The “agreed actions” are those agreed in writing between the charity trustees and the Commission as being reasonable in all the circumstances of the case to identify and find donors. (6) The condition in this subsection is met if the property consists of— (a) the proceeds of cash collections made— (i) by means of collecting boxes, or (ii) by other means not adapted for distinguishing one gift from another, or (b) the proceeds of any lottery, competition, entertainment, sale or similar money-raising activity, after allowing for property given to provide prizes or articles for sale or otherwise to enable the activity to be undertaken. (7) The Secretary of State may by regulations amend subsection (3)(a) or (b) by substituting a different sum for the time being specified there.

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66 Section 63A: supplementary

(1) For the purposes of section 63A, charitable purposes are to be treated as failing if any difficulty in applying property to those purposes makes that property or the part not applicable cy-près available to be returned to the donors. (1A) Where property is applied cy-près by virtue of section 63A, all the donor’s interest in it is treated as having been relinquished when the gift was made. (2) In section 63A and this section— (a) references to a donor include persons claiming through or under the original donor, and (b) references to property given include the property for the time being representing the property originally given or property derived from it. (3) Subsection (2) applies except in so far as the context otherwise requires. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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67 Cy-près schemes

(1) The power of the court or the Commission to make schemes for the application of property cy-près must be exercised in accordance with this section. (2) Where any property given for charitable purposes is applicable cy-près, the court or the Commission may make a scheme providing for the property to be applied— (a) for such charitable purposes, and (b) (if the scheme provides for the property to be transferred to another charity) by or on trust for such other charity, as it considers appropriate, having regard to the matters set out in subsection (3). (3) The matters are— (a) the spirit of the original gift, (b) the desirability of securing that the property is applied for charitable purposes which are close to the original purposes, and (c) the need for the relevant charity to have purposes which are suitable and effective in the light of current social and economic circumstances. The “relevant charity” means the charity by or on behalf of which the property is to be applied under the scheme. (4) If a scheme provides for the property to be transferred to another charity, the scheme may impose on the charity trustees of that charity a duty to secure that the property is applied for purposes which are, so far as is reasonably practicable, similar in character to the original purposes. (5) In this section references to property given include the property for the time being representing the property originally given or property derived from it. (6) In this section references to the transfer of property to a charity are references to its transfer— (a) to the charity, (b) to the charity trustees, (c) to any trustee for the charity, or (d) to a person nominated by the charity trustees to hold it in trust for the charity, as the scheme may provide. (7) In this section references to the original purposes of a gift are to be read, where the application of the property given has been altered or regulated by a scheme or otherwise, as referring to the purposes for which the property is for the time being applicable.

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67A Proceeds of fund-raising: power of charity trustees to apply cy-près

(1) Subsection (2) applies if— (a) money or other property is solicited to enable a charity to further specific charitable purposes, (b) money or other property is given as a result of that solicitation, and (c) some or all of that money or other property (or the property for the time being representing it or derived from it) is applicable cy-près by virtue of section 62(1)(a) or (b) or 63A. (2) The charity trustees of the charity may resolve that all the money or other property which is applicable cy-près by virtue of section 62(1)(a) or (b) or 63A be applied for such charitable purposes specified in the resolution as they consider appropriate, having regard to— (a) the desirability of securing that the purposes are, so far as reasonably practicable, similar to the specific charitable purposes for which the money or other property was given; (b) the need for the purposes to be suitable and effective in the light of current social and economic circumstances. (3) A resolution under this section must be passed by a majority of the charity trustees. (4) If a resolution passed under this section concerns money or other property with a value exceeding £1,000— (a) the charity trustees must send a copy of the resolution to the Commission, together with a statement of their reasons for passing it, and (b) the resolution does not have effect until the date on which the Commission consents to it in writing. (5) The Secretary of State may by regulations amend subsection (4) by substituting a different sum for the sum for the time being specified there.

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68 Charities governed by charter, or by or under statute

(1) Subsection (2) applies where a Royal charter establishing or regulating a body corporate is amendable by the grant and acceptance of a further charter. (2) A scheme relating to the body corporate or to the administration of property held by the body (including a scheme for the cy-près application of any such property)— (a) may be made by the court under the court's jurisdiction with respect to charities even though the scheme cannot take effect without the alteration of the charter, but (b) must be so framed that the scheme, or such part of it as cannot take effect without the alteration of the charter, does not purport to come into operation unless or until Her Majesty thinks fit to amend the charter in such manner as will permit the scheme or that part of it to have effect. (3) Subsection (4) applies where, under— (a) the court's jurisdiction with respect to charities or the corresponding jurisdiction of a court in Northern Ireland, or (b) powers conferred by this Act or by any Northern Ireland legislation relating to charities, a scheme is made with respect to a body corporate and it appears to Her Majesty expedient, having regard to the scheme, to amend any Royal charter relating to that body. (4) Her Majesty may, on the application of the body corporate, amend the charter accordingly by Order in Council in any way in which the charter could be amended by the grant and acceptance of a further charter; and any such Order in Council may be revoked or varied in the same manner as the charter it amends. (5) The jurisdiction of the court with respect to charities is not excluded or restricted in the case of a charity of a description mentioned in Schedule 5 by the operation of the enactments or instruments there mentioned in relation to that description. (6) A scheme established for a charity of a description mentioned in Schedule 5— (a) may modify or supersede in relation to it the provision made by any such enactment or instrument as if made by a scheme of the court, and (b) may also make any such provision as is authorised by that Schedule.

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69 Commission's concurrent jurisdiction with High Court for certain purposes

(1) The Commission may by order exercise the same jurisdiction and powers as are exercisable by the High Court in charity proceedings for the following purposes— (a) establishing a scheme for the administration of a charity; (b) appointing, discharging or removing a charity trustee or trustee for a charity, or removing an officer or employee; (c) vesting or transferring property, or requiring or entitling any person to call for or make any transfer of property or any payment. (2) Subsection (1) is subject to the provisions of this Act. (3) If the court directs a scheme for the administration of a charity to be established— (a) the court may by order refer the matter to the Commission for it to prepare or settle a scheme in accordance with such directions (if any) as the court sees fit to give, and (b) any such order may provide for the scheme to be put into effect by order of the Commission as if prepared under subsection (1) and without any further order of the court.

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70 Restrictions on Commission's concurrent jurisdiction

(1) The Commission does not have jurisdiction under section 69 to try or determine— (a) the title at law or in equity to any property as between— (i) a charity or trustee for a charity, and (ii) a person holding or claiming the property or an interest in it adversely to the charity, or (b) any question as to the existence or extent of any charge or trust. (2) Subject to the following subsections, the Commission must not exercise its jurisdiction under section 69 as respects any charity except— (a) on the application of the charity, (b) on an order of the court under section 69(3), or (c) on the application of the Attorney General. (3) In the case of a charity whose gross income does not exceed £1,000 a year, the Commission may exercise its jurisdiction under section 69 on the application of— (a) any one or more of the charity trustees, (b) any person interested in the charity, or (c) any two or more inhabitants of the area of the charity if it is a local charity. (4) Subsection (5) applies where in the case of a charity, other than an exempt charity, the Commission— (a) is satisfied that the charity trustees— (i) ought in the interests of the charity to apply for a scheme, but (ii) have unreasonably refused or neglected to do so, and (b) has given the charity trustees an opportunity to make representations to it. (5) The Commission— (a) may proceed as if an application for a scheme had been made by the charity, but (b) may not, where it acts by virtue of this subsection, alter the purposes of a charity unless 40 years have elapsed from the date of the charity's foundation. (6) Where— (a) a charity cannot apply to the Commission for a scheme because of any vacancy among the charity trustees or the absence or incapacity of any of them, but (b) such an application is made by such number of the charity trustees as the Commission considers appropriate in the circumstances of the case, the Commission may nevertheless proceed as if the application were an application made by the charity. (7) The Commission may on the application of any charity trustee or trustee for a charity exercise its jurisdiction under section 69 for the purpose of discharging the applicant from trusteeship. (8) The Commission must not exercise its jurisdiction under section 69 in any case (not referred to it by order of the court) which— (a) because of its contentious character, or any special question of law or of fact which it may involve, or (b) for other reasons, the Commission may consider more fit to be adjudicated on by the court.

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71 Exercise of Commission's concurrent jurisdiction: notice

(1) Before exercising any jurisdiction under section 69 otherwise than on an order of the court, the Commission must give notice of its intention to do so to each of the charity trustees except any— (a) that cannot be found or has no known address in the United Kingdom, or (b) who is party or privy to an application for the exercise of the jurisdiction. (2) Any such notice— (a) may be given by post, and (b) if given by post, may be addressed to the recipient's last known address in the United Kingdom.

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72 Power to alter sum specified in s.70(3)

If the Secretary of State thinks it expedient to do so— (a) in consequence of changes in the value of money, or (b) with a view to increasing the number of charities in respect of which the Commission may exercise its jurisdiction under section 69 in accordance with section 70(3), the Secretary of State may by order amend section 70(3) by substituting a different sum for the sum for the time being specified there.

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73 Powers to make schemes altering provision made by Acts, etc.

(1) If it appears to the Commission that a scheme should be established for the administration of a charity, but also— (a) that it is necessary or desirable for the scheme— (i) to alter the provision made by an Act establishing or regulating the charity, or (ii) to make any other provision which goes or might go beyond the powers exercisable by the Commission apart from this section, or (b) that it is for any reason proper for the scheme to be subject to parliamentary review, the Commission may (subject to subsection (7)) settle a scheme accordingly with a view to its being given effect under this section. (2) A scheme settled by the Commission under this section may be given effect by order of the Secretary of State. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) ... Any provision of a scheme brought into effect under this section may be modified or superseded by the court or the Commission as if it were a scheme brought into effect by order of the Commission under section 69. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) The Commission must not proceed under this section without the same application, and the same notice to the charity trustees, as would be required if the Commission was proceeding (without an order of the court) under section 69. (8) But on any application for a scheme, or in a case where it acts by virtue of section 70(5) or (6), the Commission may proceed under this section or section 69 as appears to it appropriate.

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74 Restriction on expenditure on promoting Bills

(1) No expenditure incurred in preparing or promoting a Bill in Parliament is to be defrayed without the consent of the court or the Commission out of any money applicable for the purposes of a charity. (2) Subsection (1) applies regardless of anything in the trusts of a charity.

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75 Further powers to alter application of charitable property

(1) Subsection (2) applies where the Commission is satisfied that— (a) the whole of the income of a charity cannot in existing circumstances be effectively applied for the purposes of the charity, (b) if those circumstances continue, a scheme might be made for applying the surplus cy-près, and (c) it is for any reason not yet desirable to make such a scheme. (2) The Commission may by order authorise the charity trustees at their discretion (but subject to any conditions imposed by the order) to apply any accrued or accruing income for any purposes for which it might be made applicable by such a scheme. (3) Any application of accrued or accruing income authorised by an order under subsection (2) is to be treated as being within the purposes of the charity. (4) An order under subsection (2) must not extend— (a) to more than £300 out of income accrued before the date of the order, (b) to income accruing more than 3 years after that date, or (c) to more than £100 out of the income accruing in any of those 3 years.

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75ZA Power of the court and the Commission to make schemes

(1) Any power of the court or the Commission to make a scheme in relation to a charity that is a charitable trust is also exercisable in relation to any other institution which is a charity. (2) Subsection (1)— (a) is subject to the provisions of this Act; (b) is to be treated as always having had effect.

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75A Official warnings by the Commission

(1) The Commission may issue a warning— (a) to a charity trustee or trustee for a charity who it considers has committed a breach of trust or duty or other misconduct or mismanagement in that capacity, or (b) to a charity in connection with which it considers a breach of trust or duty or other misconduct or mismanagement has been committed. (2) The Commission— (a) may publish a warning it has issued; (b) may issue or publish a warning in any way it considers appropriate. (3) Before issuing a warning under this section, the Commission must give notice of its intention to do so to the charity, and each charity trustee or trustee for the charity, except any who cannot be found or who has no known address in the United Kingdom. (4) Any such notice— (a) may be given by post, and (b) if given by post, may be addressed to the recipient's last known address in the United Kingdom. (5) The notice must specify— (a) the power under subsection (1) to give the warning, and the grounds for the warning; (b) any action that the Commission considers should be taken, or that the Commission is considering taking, to rectify the misconduct or mismanagement referred to in subsection (1); (c) whether and, if so, how the Commission proposes to publish the warning; (d) a period within which representations may be made to the Commission about the content of the proposed warning. (6) Where the Commission gives notice under subsection (3) of its intention to issue a warning— (a) it must take into account any representations made to it within the period specified in the notice, and (b) it may (without further notice) issue the warning either without modifications or with such modifications as it thinks desirable. (7) The Commission may vary or withdraw a warning under this section. (8) Subsection (2) applies to the variation or withdrawal of a warning as it applies to a warning. (9) Subsections (3) to (6) apply to the variation of a warning as they apply to a warning, except that— (a) in subsection (5)(a) references to the warning are to be read as references to the warning as varied, and (b) the matter to be specified under subsection (5)(b) is any change as a result of the variation in the action previously proposed by the Commission.

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76 Suspension of trustees etc. and appointment of interim managers

(1) Subsection (3) applies where, at any time after it has instituted an inquiry under section 46 with respect to any charity, the Commission is satisfied— (a) that there is or has been a failure to comply with an order or direction of the Commission, a failure to remedy any breach specified in a warning under section 75A, or any other misconduct or mismanagement in the administration of the charity, or (b) that it is necessary or desirable to act for the purpose of— (i) protecting the property of the charity, or (ii) securing a proper application for the purposes of the charity of that property or of property coming to the charity. (2) The reference in subsection (1) to misconduct or mismanagement extends (regardless of anything in the trusts of the charity) to the employment— (a) for the remuneration or reward of persons acting in the affairs of the charity, or (b) for other administrative purposes, of sums which are excessive in relation to the property which is or is likely to be applied or applicable for the purposes of the charity. (3) The Commission may of its own motion do one or more of the following— (a) by order suspend any person who is a trustee, charity trustee, officer, agent or employee of the charity from office or employment pending consideration being given to the person's removal (whether under section 79 or 80 or otherwise); (b) by order appoint such number of additional charity trustees as it considers necessary for the proper administration of the charity; (c) by order— (i) vest any property held by or in trust for the charity in the official custodian, (ii) require the persons in whom any such property is vested to transfer it to the official custodian, or (iii) appoint any person to transfer any such property to the official custodian; (d) order any person who holds any property on behalf of the charity, or of any trustee for it, not to part with the property without the approval of the Commission; (e) order any debtor of the charity not to make any payment in or towards the discharge of the debtor's liability to the charity without the approval of the Commission; (f) by order restrict (regardless of anything in the trusts of the charity) the transactions which may be entered into, or the nature or amount of the payments which may be made, in the administration of the charity without the approval of the Commission; (g) by order appoint (in accordance with section 78) an interim manager, to act as receiver and manager in respect of the property and affairs of the charity. (4) The Commission may not make an order under subsection (3)(a) so as to suspend a person from office or employment for a period of more than 12 months, subject to any extension under subsection (7). (5) But any order under subsection (3)(a) made in the case of any person (“P”) may make provision, as respects the period of P's suspension for matters arising out of it, and in particular— (a) for enabling any person to execute any instrument in P's name or otherwise act for P, and (b) in the case of a charity trustee, for adjusting any rules governing the proceedings of the charity trustees to take account of the reduction in the number capable of acting. This does not affect the generality of section 337(1) and (2). (6) The Commission— (a) must, at such intervals as it thinks fit, review any order made by it under paragraph (a), or any of paragraphs (c) to (g), of subsection (3), and (b) if on any such review it appears to the Commission that it would be appropriate to discharge the order in whole or in part, must so discharge it (whether subject to any savings or other transitional provisions or not). (7) At any time before the expiry of an order under paragraph (a) of subsection (3) the Commission may extend or further extend the suspension by an order under that paragraph, provided that— (a) the order does not extend the suspension for a period of more than 12 months, and (b) the total period of suspension is not more than 2 years.

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