Charities Act (Northern Ireland) 2008

Prospective

Offences connected with name and statusN.I.

This sectionnoteType=Explanatory Notes has no associated

109  (1)  In the case of failure, without reasonable excuse, to comply with section 107 an offence is committed by—

(a)every charity trustee of the CIO who is in default, and

(b)any other person who on the CIO's behalf—

(i)signs or authorises the signing of the offending document, communication or conveyance, or

(ii)otherwise commits or authorises the offending act or omission.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 3 on the standard scale.

(3) The reference in subsection (1) to a charity trustee being “in default”, and the reference in subsection (2) to a daily default fine, have the same meaning as in the Companies Acts (see sections 1121 to 1123 and 1125 of the Companies Act 2006 (c. 46)).

(4) A person who holds any body out as being a CIO when it is not (however the person does this) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) It is a defence for a person charged with an offence under subsection (4) to prove that the person believed on reasonable grounds that the body was a CIO.