The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Note: Point in time prospective is the latest available view of the legislation that includes by default all the prospective changes that might come into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Charities Act 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
(1)After section 31 of the 1993 Act insert—
(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.”
(2)In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001 (c. 16) (powers of seizure to which section 50 applies), after paragraph 56 insert—“Charities Act 1993 (c. 10)
56AThe power of seizure conferred by section 31A(3) of the Charities Act 1993 (seizure of material for the purposes of an inquiry under section 8 of that Act).”
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: