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Charities Act 2006

Commentary on Sections

Section 52: Determination of applications and issue of certificates

203.Subsections (1) and (2) provide that on receiving an application (section 51) the Charity Commission may make such inquiries as it thinks fit, and after making such inquiries determine the application by either issuing the certificate, or refusing the application on grounds specified in section 53.

204.Subsection (3) provides for the certificate itself: the matters it must specify are to be provided for in regulations, and its duration is to be the period (up to five years) specified in the application, or such shorter period as the Charity Commission thinks fit.

205.Subsections (4), (5), and (6) enable the Charity Commission to attach conditions to a public collections certificate it issues. The conditions would have to be consistent with the provisions of regulations made under section 63.

206.Where the Charity Commission refuses to issue a certificate, or issues a certificate with conditions, it must serve notice on the applicant and set out its reasons (subsection (7)), including setting out the right of appeal conferred by section 57 and the time limits within which to appeal (subsection (8)).

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