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Charities Act 2006

Commentary on Sections

Section 61: Withdrawal or variation etc. of permits

222.This section is based on the provisions of section 70 of the 1992 Act, with the addition of subsections (4) and (6). Subsection (1) enables a local authority to withdraw a permit, or attach or vary conditions to a permit, on the grounds specified in subsections (2), (3), or (4). Subsection (6) provides that the local authority’s exercise of its powers does not prevent it from exercising the powers on subsequent occasions, taking account of any conditions it had previously attached or varied.

223.Subsections (7) and (8) require a local authority, where it has decided to withdraw, or to attach a condition to, or to vary an existing condition on, a permit, to give notice of its decision to the applicant; and the notice must state that the applicant has the right of appeal to the magistrates’ court conferred by section 62.

224.Subsection (9) requires local authorities to notify the Charity Commission of a withdrawal of a permit. Subsection (10) provides that where a local authority withdraws or attaches or varies the conditions on a permit in force, the decision would not take effect until the time limit for bringing an appeal had expired or an appeal had been concluded.

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