Charities Act 1992

Registration of charities

2 The register of charities

(1) Section 4 of the 1960 Act (the register of charities) shall be amended as follows.

(2) For subsection (1) there shall be substituted—

“(1) The Commissioners shall continue to keep a register of charities, which shall be kept by them in such manner as they think fit.”

(3) In subsection (2), after “so excepted” there shall be inserted “(other than one excepted by paragraph (a) of that subsection)”.

(4) After subsection (2) there shall be inserted—

“(2A) The register shall contain—

(a) the name of every registered charity; and

(b) such other particulars of, and such other information relating to, every such charity as the Commissioners think fit.”

(5) In subsection (4), for paragraph (c) there shall be substituted—

“(c) any charity which has neither—

(i) any permanent endowment, nor

(ii) the use or occupation of any land,

and whose income from all sources does not in aggregate amount to more than £1,000 a year;”.

(6) After subsection (7) there shall be inserted—

“(7A) Where any information contained in the register is not in documentary form, subsection (7) above shall be construed as requiring the information to be available for public inspection in legible form at all reasonable times.

(7B) If the Commissioners so determine, that subsection shall not apply to any particular information contained in the register and specified in their determination.”

(7) After subsection (8) there shall be inserted—

“(8A) If he thinks it expedient to do so—

(a) in consequence of changes in the value of money, or

(b) with a view to extending the scope of the exception provided for by subsection (4)(c) above,

the Secretary of State may by order amend subsection (4)(c) by substituting a different sum for the sum for the time being specified there.

(8B) Any such order shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”

(8) Where an exempt charity is on the register immediately before the time when subsection (3) above comes into force, its registration shall cease to have effect at that time.

(9) Section 4 of the 1960 Act, as amended by this section, and with the omission of repealed provisions, is set out in Schedule 1 to this Act.

3 Status of registered charity (other than small charity) to appear on official publications etc

(1) This section applies to a registered charity if its gross income in its last financial year exceeded £5,000.

(2) Where this section applies to a registered charity, the fact that it is a registered charity shall be stated in English in legible characters—

(a) in all notices, advertisements and other documents issued by or on behalf of the charity and soliciting money or other property for the benefit of the charity;

(b) in all bills of exchange, promissory notes, endorsements, cheques and orders for money or goods purporting to be signed on behalf of the charity; and

(c) in all bills rendered by it and in all its invoices, receipts and letters of credit.

(3) Subsection (2)(a) has effect whether the solicitation is express or implied, and whether the money or other property is to be given for any consideration or not.

(4) If, in the case of a registered charity to which this section applies, any person issues or authorises the issue of any document falling within paragraph (a) or (c) of subsection (2) in which the fact that the charity is a registered charity is not stated as required by that subsection, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the third level on the standard scale.

(5) If, in the case of any such registered charity, any person signs any document falling within paragraph (b) of subsection (2) in which the fact that the charity is a registered charity is not stated as required by that subsection, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the third level on the standard scale.

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