Charities Act 1992 : Chapter 41.

  • Great Britain.
Date:
[1992]
Catalogue details

Licence: Open Government Licence

Credit: Charities Act 1992 : Chapter 41. Source: Wellcome Collection.

    11/104 (page 5)
    (9) Nothing in this section applies to an exempt charity. 5.—(1) Where any direction is given under section 4 of this Act with respect to a charity which is a company, the direction shall be taken to require the name of the charity to be changed by resolution of the directors of the company. (2) Section 380 of the Companies Act 1985 (registration etc. of resolutions and agreements) shall apply to any resolution passed by the directors in compliance with any such direction. (3) Where the name of such a charity is changed in compliance with any such direction, the registrar of companies— (a) shall (subject to section 26 of the Companies Act 1985 (prohibition on registration of certain names)) enter the new name on the register of companies in place of the former name, and (b) shall 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. Supervision and control by Commissioners 6.—(1) Section 6 of the 1960 Act (general power to institute inquiries) shall be amended as follows. (2) In subsection (3)— (a) for the words from “‘may by order” to “‘require”’ there shall be substituted “*, or a person appointed by them to conduct it, may direct”; and (b) for paragraph (b) there shall be substituted— “(b) to furnish copies of documents in his custody or under his control 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.” (3) In subsection (5), for “‘an order or precept under paragraph (b)” there shall be substituted “‘a direction under paragraph (c)”’. (4) Subsection (6) (exemption for person claiming to hold property adversely to a charity) shall be omitted. (5) For subsection (7) there shall be substituted— (7) Where an inquiry has been held under this section, the Commissioners may either— (a) cause the report of the person conducting the inquiry, or such other statement of the results of the inquiry as they think fit, to be printed and published, or (b) publish any such report or statement in some other way which is calculated in their opinion to bring it to the attention of persons who may wish to make representations to them about the action to be taken.” ParT I Effect of direction under s. 4 where charity is a company. 1985 c.6. General power to institute inquiries.