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Charities Act 2006

Commentary on Sections

Section 56: Withdrawal of, or addition or variation of conditions in, certificates

214.Subsection (1) of this section enables the Charity Commission to withdraw or suspend a public collections certificate, or to attach or vary conditions to such a certificate in force, where subsection (2), (3) or (4) applies. Subsection (6) provides that the Commission’s exercise of its powers in subsection (1) does not prevent the Commission from exercising the powers on subsequent occasions, taking account of any conditions it had previously applied to a certificate. The service of notice of a decision, including the provision of reasons and notice of the right of appeal, is provided for in subsections (7) and (8).

215.Subsection (10) provides that a decision by the Commission under subsection (1) to withdraw or suspend a certificate, or add conditions or vary such conditions, will not take effect until the time for bringing an appeal has expired or, if an appeal is brought, until its conclusion. However, subsection (9) enables the Commission to exercise its powers under subsection (1) with immediate effect where it considers it is in the public interest to do so.

216.Subsection (11) provides that a suspension under subsection (1) shall, subject to any appeal or withdrawal of the certificate, be for no longer than six months, unless the Commission decides sooner to remove the suspension.

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