6 Power of [F1Commission] to require charity’s name to be changed.E+W
(1)Where this subsection applies to a charity, the [F2Commission] may give a direction requiring the name of the charity to be changed, within such period as is specified in the direction, to such other name as the charity trustees may determine with the approval of the [F2Commission].
(2)Subsection (1) above applies to a charity if—
(a)it is a registered charity and its name (“the registered name”)—
(i)is the same as, or
(ii)is in the opinion of the [F2Commission] too like,
the name, at the time when the registered name was entered in the register in respect of the charity, of any other charity (whether registered or not);
(b)the name of the charity is in the opinion of the [F2Commission] likely to mislead the public as to the true nature—
(i)of the purposes of the charity as set out in its trusts, or
(ii)of the activities which the charity carries on under its trusts in pursuit of those purposes;
(c)the name of the charity includes any word or expression for the time being specified in regulations made by the [F3Minister] and the inclusion in its name of that word or expression is in the opinion of the [F2Commission] likely to mislead the public in any respect as to the status of the charity;
(d)the name of the charity is in the opinion of the [F2Commission] 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)the name of the charity is in the opinion of the [F2Commission] offensive;
and in this subsection any reference to the name of a charity is, in relation to a registered charity, a reference to the name by which it is registered.
(3)Any direction given by virtue of subsection (2)(a) above must be given within twelve months of the time when the registered name was entered in the register in respect of the charity.
(4)Any direction given under this section with respect to a charity shall be given to the charity trustees; and on receiving any such direction the charity trustees shall give effect to it notwithstanding anything in the trusts of the charity.
(5)Where the name of any charity is changed under this section, then (without prejudice to [F4section 3B(3)]) it shall be the duty of the charity trustees forthwith to notify the [F2Commission] of the charity’s new name and of the date on which the change occurred.
(6)A change of name by a charity under this section 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.
(7)Section 26(3) of the M1Companies Act 1985 (minor variations in names to be disregarded) shall apply for the purposes of this section as if the reference to section 26(1)(c) of that Act were a reference to subsection (2)(a) above.
(8)Any reference in this section to the charity trustees of a charity shall, in relation to a charity which is a company, be read as a reference to the directors of the company.
(9)Nothing in this section applies to an exempt charity.
Textual Amendments
F1Word in s. 6 heading substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 100(2); S.I. 2007/309, art. 2, Sch.
F2Words in s. 6 substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 100(2); S.I. 2007/309, art. 2, Sch.
F3Word in s. 6(2)(c) substituted (13.12.2006) by Transfer of Functions (Third Sector, Communities and Equality) Order 2006 (S.I. 2006/2951), art. 1(2), Sch. para. 4(g)
F4Words in s. 6(5) substituted (31.1.2009) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 100(3); S.I. 2008/3267, art. 2, Sch. (with arts. 3-27) (as amended: (29.9.2009) by S.I. 2009/2648, art. 3; (26.7.2010) by S.I. 2010/1942, art. 2; and (1.8.2011) by S.I. 2011/1725, arts. 1(2), 3, Sch. para. 6)
Marginal Citations