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Charities Act 2011

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This is the original version (as it was originally enacted).

42Power to require name to be changed

(1)If this subsection applies to a charity, the Commission may give a direction requiring the name of the charity to be changed, within such period as is specified in the direction, to such other name as the charity trustees may determine with the approval of the Commission.

(2)Subsection (1) applies to a charity if—

(a)it is a registered charity and its name (“the registered name”)—

(i)is the same as, or

(ii)is in the opinion of the Commission too like,

the name, at the time when the registered name was entered in the register in respect of the charity, of any other charity (whether registered or not),

(b)the name of the charity is in the opinion of the Commission likely to mislead the public as to the true nature of—

(i)the purposes of the charity as set out in its trusts, or

(ii)the activities which the charity carries on under its trusts in pursuit of those purposes,

(c)the name of the charity includes any word or expression for the time being specified in regulations made by the Minister and the inclusion in its name of that word or expression is in the opinion of the Commission likely to mislead the public in any respect as to the status of the charity,

(d)the name of the charity is in the opinion of the Commission likely to give the impression that the charity is connected in some way with Her Majesty’s Government or any local authority, or with any other body of persons or any individual, when it is not so connected, or

(e)the name of the charity is in the opinion of the Commission offensive.

(3)Any direction given by virtue of subsection (2)(a) must be given within 12 months of the time when the registered name was entered in the register in respect of the charity.

(4)In subsection (2) any reference to the name of a charity is, in relation to a registered charity, a reference to the name by which it is registered.

(5)Any direction given under this section with respect to a charity must be given to the charity trustees.

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