Charities Act 1993 (repealed)

[F1 Additional powers of Commission] E+W

Textual Amendments

F1 S. 26 heading substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 118; S.I. 2007/309, art. 2, Sch.

26 Power to authorise dealings with charity property etc. E+W

(1) Subject to the provisions of this section, where it appears to [F2 the Commission] that any action proposed or contemplated in the administration of a charity is expedient in the interests of the charity, [F3 the Commission may] by order sanction that action, whether or not it would otherwise be within the powers exercisable by the charity trustees in the administration of the charity; and anything done under the authority of such an order shall be deemed to be properly done in the exercise of those powers.

(2) An order under this section may be made so as to authorise a particular transaction, compromise or the like, or a particular application of property, or so as to give a more general authority, and (without prejudice to the generality of subsection (1) above) may authorise a charity to use common premises, or employ a common staff, or otherwise combine for any purpose of administration, with any other charity.

(3) An order under this section may give directions as to the manner in which any expenditure is to be borne and as to other matters connected with or arising out of the action thereby authorised; and where anything is done in pursuance of an authority given by any such order, any directions given in connection therewith shall be binding on the charity trustees for the time being as if contained in the trusts of the charity; but any such directions may on the application of the charity be modified or superseded by a further order.

(4) Without prejudice to the generality of subsection (3) above, the directions which may be given by an order under this section shall in particular include directions for meeting any expenditure out of a specified fund, for charging any expenditure to capital or to income, for requiring expenditure charged to capital to be recouped out of income within a specified period, for restricting the costs to be incurred at the expense of the charity, or for the investment of moneys arising from any transaction.

(5) An order under this section may authorise any act notwithstanding that it is prohibited by any of the disabling Acts mentioned in subsection (6) below or that the trusts of the charity provide for the act to be done by or under the authority of the court; but no such order shall authorise the doing of any act expressly prohibited by Act of Parliament other than the disabling Acts or by the trusts of the charity or shall extend or alter the purposes of the charity.

(6) The Acts referred to in subsection (5) above as the disabling Acts are the M1 Ecclesiastical Leases Act 1571, the M2 Ecclesiastical Leases Act 1572, the M3 Ecclesiastical Leases Act 1575 and the M4 Ecclesiastical Leases Act 1836.

(7) An order under this section shall not confer any authority in relation to a building which has been consecrated and of which the use or disposal is regulated, and can be further regulated, by a scheme having effect under the Union of Benefices Measures 1923 to 1952, the Reorganisation Areas Measures 1944 and 1954, the M5 Pastoral Measure 1968 or the M6 Pastoral Measure 1983, the reference to a building being taken to include part of a building and any land which under such a scheme is to be used or disposed of with a building to which the scheme applies.

Textual Amendments

F2 Words in s. 26(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 119(a); S.I. 2007/309, art. 2, Sch.

F3 Words in s. 26(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 119(b); S.I. 2007/309, art. 2, Sch.

Marginal Citations

M1 1571 c. 10.

M2 1572 c. 11.

M3 1575 c. 11.

M4 1836 c. 20.

M5 1968 No.1.

M6 1983 No.1.

27 Power to authorise ex gratia payments etc. E+W

(1) Subject to subsection (3) below, [F4 the Commission] may by order exercise the same power as is exercisable by the Attorney General to authorise the charity trustees of a charity—

(a) to make any application of property of the charity, or

(b) to waive to any extent, on behalf of the charity, its entitlement to receive any property,

in a case where the charity trustees—

(i) (apart from this section) have no power to do so, but

(ii) in all the circumstances regard themselves as being under a moral obligation to do so.

(2) The power conferred on [F5 the Commission] by subsection (1) above shall be exercisable [F6 by the Commission] under the supervision of, and in accordance with such directions as may be given by, the Attorney General; and any such directions may in particular require [F5 the Commission], in such circumstances as are specified in the directions—

(a) to refrain from exercising that power; or

(b) to consult the Attorney General before exercising it.

(3) Where—

(a) an application is made to [F7 the Commission for it] to exercise that power in a case where [F8 it is not] precluded from doing so by any such directions, but

(b) [F9 the Commission considers] that it would nevertheless be desirable for the application to be entertained by the Attorney General rather than [F10 by the Commission],

[F11 the Commission shall] refer the application to the Attorney General.

(4) It is hereby declared that where, in the case of any application made [F12 to the Commission] as mentioned in subsection (3)(a) above, [F13 the Commission determines] the application by refusing to authorise charity trustees to take any action falling within subsection (1)(a) or (b) above, that refusal shall not preclude the Attorney General, on an application subsequently made to him by the trustees, from authorising the trustees to take that action.

Textual Amendments

F4 Words in s. 27(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(2); S.I. 2007/309, art. 2, Sch.

F5 Words in s. 27(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(3)(a); S.I. 2007/309, art. 2, Sch.

F6 Words in s. 27(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(3)(b); S.I. 2007/309, art. 2, Sch.

F7 Words in s. 27(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(4)(a); S.I. 2007/309, art. 2, Sch.

F8 Words in s. 27(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(4)(b); S.I. 2007/309, art. 2, Sch.

F9 Words in s. 27(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(4)(c); S.I. 2007/309, art. 2, Sch.

F10 Words in s. 27(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(4)(d); S.I. 2007/309, art. 2, Sch.

F11 Words in s. 27(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(4)(e); S.I. 2007/309, art. 2, Sch.

F12 Words in s. 27(4) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(5)(a); S.I. 2007/309, art. 2, Sch.

F13 Words in s. 27(4) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(5)(b); S.I. 2007/309, art. 2, Sch.

28 Power to give directions about dormant bank accounts of charities. E+W

(1) Where [F14 the Commission] —

(a) [F15 is informed] by a relevant institution—

(i) that it holds one or more accounts in the name of or on behalf of a particular charity (“the relevant charity”), and

(ii) that the account, or (if it so holds two or more accounts) each of the accounts, is dormant, and

(b) [F16 is unable], after making reasonable inquiries, to locate that charity or any of its trustees,

[F17 it may give] a direction under subsection (2) below.

(2) A direction under this subsection is a direction which—

(a) requires the institution concerned to transfer the amount, or (as the case may be) the aggregate amount, standing to the credit of the relevant charity in the account or accounts in question to such other charity as is specified in the direction in accordance with subsection (3) below; or

(b) requires the institution concerned to transfer to each of two or more other charities so specified in the direction such part of that amount or aggregate amount as is there specified in relation to that charity.

(3) The [F18 Commission] may specify in a direction under subsection (2) above such other charity or charities as [F19 it considers] appropriate, having regard, in a case where the purposes of the relevant charity are known [F20 to the Commission], to those purposes and to the purposes of the other charity or charities; but the [F18 Commission] shall not so specify any charity unless [F21 it has received] from the charity trustees written confirmation that those trustees are willing to accept the amount proposed to be transferred to the charity.

(4) Any amount received by a charity by virtue of this section shall be received by the charity on terms that—

(a) it shall be held and applied by the charity for the purposes of the charity, but

(b) it shall, as property of the charity, nevertheless be subject to any restrictions on expenditure to which it was subject as property of the relevant charity.

(5) Where—

(a) [F22 the Commission has been] informed as mentioned in subsection (1)(a) above by any relevant institution, and

(b) before any transfer is made by the institution in pursuance of a direction under subsection (2) above, the institution has, by reason of any circumstances, cause to believe that the account, or (as the case may be) any of the accounts, held by it in the name of or on behalf of the relevant charity is no longer dormant,

the institution shall forthwith notify those circumstances in writing to [F23 the Commission] ; and, if it appears to [F23 the Commission] that the account or accounts in question is or are no longer dormant, [F24 it shall revoke] any direction under subsection (2) above which has previously been given [F25 by it] to the institution with respect to the relevant charity.

(6) The receipt of any charity trustees or trustee for a charity in respect of any amount received from a relevant institution by virtue of this section shall be a complete discharge of the institution in respect of that amount.

(7) No obligation as to secrecy or other restriction on disclosure (however imposed) shall preclude a relevant institution from disclosing any information to [F26 the Commission] for the purpose of enabling [F27 the Commission to discharge its functions] under this section.

(8) For the purposes of this section—

(a) an account is dormant if no transaction, other than—

(i) a transaction consisting in a payment into the account, or

(ii) a transaction which the institution holding the account has itself caused to be effected,

has been effected in relation to the account within the period of five years immediately preceding the date when [F28 the Commission is informed] as mentioned in paragraph (a) of subsection (1) above;

(b) a “relevant institution” means—

(i) the Bank of England;

[F29 (ii) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits;

(iii) an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits; or

(iv) such other person who may lawfully accept deposits in the United Kingdom as may be prescribed by the [F30 Minister].]

(c) references to the transfer of any amount to a charity are references to its transfer—

(i) to the charity trustees, or

(ii) to any trustee for the charity,

as the charity trustees may determine (and any reference to any amount received by a charity shall be construed accordingly).

[F31 (8A) Sub-paragraphs (ii) to (iv) of the definition of “relevant institution” in subsection (8)(b) must be read with—

(a) section 22 of the Financial Services and Markets Act 2000;

(b) any relevant order under that section; and

(c) Schedule 2 to that Act.]

(9) For the purpose of determining the matters in respect of which any of the powers conferred by section 8 or 9 above may be exercised it shall be assumed that [F32 the Commission has] no functions under this section in relation to accounts to which this subsection applies (with the result that, for example, a relevant institution shall not, in connection with the functions of [F33 the Commission] under this section, be required under section 8(3)(a) above to furnish any statements, or answer any questions or inquiries, with respect to any such accounts held by the institution).

This subsection applies to accounts which are dormant accounts by virtue of subsection (8)(a) above but would not be such accounts if sub-paragraph (i) of that provision were omitted.

(10) Subsection (1) above shall not apply to any account held in the name of or on behalf of an exempt charity.

Textual Amendments

F14 Words in s. 28(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 121(2)(a); S.I. 2007/309, art. 2, Sch.

F15 Words in s. 28(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 121(2)(b); S.I. 2007/309, art. 2, Sch.

F16 Words in s. 28(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 121(2)(c); S.I. 2007/309, art. 2, Sch.

F17 Words in s. 28(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 121(2)(d); S.I. 2007/309, art. 2, Sch.

F18 Words in s. 28(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 121(3)(a); S.I. 2007/309, art. 2, Sch.

F19 Words in s. 28(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 121(3)(b); S.I. 2007/309, art. 2, Sch.

F20 Words in s. 28(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 121(3)(c); S.I. 2007/309, art. 2, Sch.

F21 Words in s. 28(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 121(3)(d); S.I. 2007/309, art. 2, Sch.

F22 Words in s. 28(5) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 121(4)(a); S.I. 2007/309, art. 2, Sch.

F23 Words in s. 28(5) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 121(4)(b); S.I. 2007/309, art. 2, Sch.

F24 Words in s. 28(5) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 121(4)(c); S.I. 2007/309, art. 2, Sch.

F25 Words in s. 28(5) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 121(4)(d); S.I. 2007/309, art. 2, Sch.

F26 Words in s. 28(7) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 121(5)(a); S.I. 2007/309, art. 2, Sch.

F27 Words in s. 28(7) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 121(5)(b); S.I. 2007/309, art. 2, Sch.

F28 Words in s. 28(8)(a) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 121(6); S.I. 2007/309, art. 2, Sch.

F29 S. 28(8)(b)(ii)-(iv) substituted (1.12.2001) for s. 28(8)(b)(ii)-(v) by S.I. 2001/3649, arts. 1, 339(2)

F30 Word in s. 28(8)(b) 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(m)

F31 S. 28(8A) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 339(3)

F32 Words in s. 28(9) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 121(7)(a); S.I. 2007/309, art. 2, Sch.

F33 Words in s. 28(9) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 121(7)(b); S.I. 2007/309, art. 2, Sch.

[F34 29 Power to give advice and guidance E+W

(1) The Commission may, on the written application of any charity trustee or trustee for a charity, give that person its opinion or advice in relation to any matter—

(a) relating to the performance of any duties of his, as such a trustee, in relation to the charity concerned, or

(b) otherwise relating to the proper administration of the charity.

(2) A charity trustee or trustee for a charity who acts in accordance with any opinion or advice given by the Commission under subsection (1) above (whether to him or to another trustee) is to be taken, as regards his responsibility for so acting, to have acted in accordance with his trust.

(3) But subsection (2) above does not apply to a person if, when so acting, either—

(a) he knows or has reasonable cause to suspect that the opinion or advice was given in ignorance of material facts, or

(b) a decision of the court or the Tribunal has been obtained on the matter or proceedings are pending to obtain one.

(4) The Commission may, in connection with its second general function mentioned in section 1C(2) above, give such advice or guidance with respect to the administration of charities as it considers appropriate.

(5) Any advice or guidance so given may relate to—

(a) charities generally,

(b) any class of charities, or

(c) any particular charity,

and may take such form, and be given in such manner, as the Commission considers appropriate.]

Textual Amendments

F34 S. 29 substituted (27.2.2007) by Charities Act 2006 (c. 50), ss. 24, 79(2); S.I. 2007/309, art. 2, Sch.

[F35 29A Power to determine membership of charity E+W

(1) The Commission may—

(a) on the application of a charity, or

(b) at any time after the institution of an inquiry under section 8 above with respect to a charity,

determine who are the members of the charity.

(2) The Commission's power under subsection (1) may also be exercised by a person appointed by the Commission for the purpose.

(3) In a case within subsection (1)(b) the Commission may, if it thinks fit, so appoint the person appointed to conduct the inquiry.]

Textual Amendments

F35 S. 29A inserted (27.2.2007) by Charities Act 2006 (c. 50), ss. 25, 79(2); S.I. 2007/309, art. 2, Sch.

30 Powers for preservation of charity documents. E+W

(1) [F36 The Commission] may provide books in which any deed, will or other document relating to a charity may be enrolled.

(2) The [F37 Commission] may accept for safe keeping any document of or relating to a charity, and the charity trustees or other persons having the custody of documents of or relating to a charity (including a charity which has ceased to exist) may with the consent of the [F37 Commission] deposit them with the [F37 Commission] for safe keeping, except in the case of documents required by some other enactment to be kept elsewhere.

(3) Where a document is enrolled by [F38 the Commission] or is for the time being deposited [F39 with the Commission] under this section, evidence of its contents may be given by means of a copy certified by any [F40 member of the staff of the Commission generally or specially authorised by the Commission] to act for this purpose; and a document purporting to be such a copy shall be received in evidence without proof of the official position, authority or handwriting of the person certifying it or of the original document being enrolled or deposited as aforesaid.

(4) Regulations made by the [F41 Minister] may make provision for such documents deposited with [F42 the Commission] under this section as may be prescribed by the regulations to be destroyed or otherwise disposed of after such period or in such circumstances as may be so prescribed.

(5) Subsections (3) and (4) above shall apply to any document transmitted to [F43 the Commission] under section 9 above and kept [F44 by the Commission] under subsection (3) of that section, as if the document had been deposited [F45 with the Commission] for safe keeping under this section.

Textual Amendments

F36 Words in s. 30(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 122(2); S.I. 2007/309, art. 2, Sch.

F37 Words in s. 30(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 122(3); S.I. 2007/309, art. 2, Sch.

F38 Words in s. 30(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 122(4)(a); S.I. 2007/309, art. 2, Sch.

F39 Words in s. 30(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 122(4)(b); S.I. 2007/309, art. 2, Sch.

F40 Words in s. 30(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 122(4)(c); S.I. 2007/309, art. 2, Sch.

F41 Word in s. 30(4) 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(n)

F42 Words in s. 30(4) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 122(5); S.I. 2007/309, art. 2, Sch.

F43 Words in s. 30(5) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 122(6)(a); S.I. 2007/309, art. 2, Sch.

F44 Words in s. 30(5) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 122(6)(b); S.I. 2007/309, art. 2, Sch.

F45 Words in s. 30(5) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 122(6)(c); S.I. 2007/309, art. 2, Sch.

31 Power to order taxation of solicitor’s bill. E+W

(1) [F46 The Commission] may order that a solicitor’s bill of costs for business done for a charity, or for charity trustees or trustees for a charity, shall be taxed, together with the costs of the taxation, by a taxing officer in such division of the High Court as may be specified in the order, or by the taxing officer of any other court having jurisdiction to order the taxation of the bill.

(2) On any order under this section for the taxation of a solicitor’s bill the taxation shall proceed, and the taxing officer shall have the same powers and duties, and the costs of the taxation shall be borne, as if the order had been made, on the application of the person chargeable with the bill, by the court in which the costs are taxed.

(3) No order under this section for the taxation of a solicitor’s bill shall be made after payment of the bill unless [F47 the Commission is] of opinion that it contains exorbitant charges; and no such order shall in any case be made where the solicitor’s costs are not subject to taxation on an order of the High Court by reason either of an agreement as to his remuneration or the lapse of time since payment of the bill.

Textual Amendments

F46 Words in s. 31(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 123(2); S.I. 2007/309, art. 2, Sch.

F47 Words in s. 31(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 123(3); S.I. 2007/309, art. 2, Sch.

[F48 31A Power to enter premises E+W

(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) below is satisfied.

(2) The conditions are—

(a) that an inquiry has been instituted under section 8 above;

(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 furnished under section 9(1) above; and

(c) that, if the Commission were to make an order requiring the document or information to be so produced or furnished—

(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—

(a) to enter and search the premises specified in it;

(b) to take such other persons with him as the Commission considers are needed to assist him in doing anything that he is authorised to do under the warrant;

(c) to take possession of any documents which appear to fall within subsection (2)(b) above, 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 him such assistance as he may reasonably require for the taking of copies or extracts as mentioned in paragraph (e) above.

(4) Entry and search under such a warrant must be at a reasonable hour and within one month of the date of its issue.

(5) The member of the Commission's staff who is authorised under such a warrant (“the authorised person”) must, if required to do so, produce—

(a) the warrant, and

(b) documentary evidence that he is a member of the Commission's staff,

for inspection by the occupier of the premises or anyone acting on his behalf.

(6) The authorised person must make a written record of—

(a) the date and time of his entry on the premises;

(b) the number of persons (if any) who accompanied him onto the premises, and the names of any such persons;

(c) the period for which he (and any such persons) remained on the premises;

(d) what he (and any such persons) did while on the premises; and

(e) any document or device of which he took possession while there.

(7) If required to do so, the authorised person must give a copy of the record to the occupier of the premises or someone acting on his behalf.

(8) Unless it is not reasonably practicable to do so, the authorised person must comply with the following requirements before leaving the premises, namely—

(a) the requirements of subsection (6), and

(b) any requirement made under subsection (7) before he leaves the premises.

(9) Where possession of any document or device is taken under this section—

(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 8 above, 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.

(10) Once it appears to the Commission that the retention of any document or device has ceased to be so necessary, it shall 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.

(11) A person who intentionally obstructs the exercise of any rights conferred by a warrant under this section is guilty of an offence and 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.]

Textual Amendments

F48 S. 31A inserted (27.2.2007) by Charities Act 2006 (c. 50), ss. 26(1), 79(2) (with Sch. 10 para. 6); S.I. 2007/309, art. 2, Sch.

Modifications etc. (not altering text)

C1 S. 31A(3) power of seizure extended by 2001 c. 16, Sch. 1 para. 56A (as inserted (27.2.2007) by Charities Act 2006 (c. 50), ss. 26(2), 79(2); S.I. 2007/309, art. 2, Sch.)

C2 S. 31A(11) modified (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 10 para. 6; S.I. 2007/309, art. 2, Sch.