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The Charities Act 2006 (Commencement No. 5, Transitional and Transitory Provisions and Savings) Order 2008

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The register of charities and registration of excepted charities: transitional and transitory provisions and savings

4.  (1)  Subject to paragraph (2), where—

(a)a request had been made before 31st January 2009 by a relevant charity under old section 3(2) of the 1993 Act; and

(b)the Commission had not made a decision in respect of that request before that date,

the Commission may enter the charity in the register or, as the case may be, must remove the relevant charity from the register.

(2) The Commission—

(a)must enter a relevant charity in the register if it is satisfied that the charity is required to be registered under section 3A(1) of the 1993 Act;

(b)must not remove a relevant charity from the register if it is satisfied that the charity is required to be registered under that provision of that Act.

(3) Schedule 1C to the 1993 Act applies to a decision made by the Commission under this article as it applies to a decision made by the Commission under section 3A of that Act.

(4) In this article, “relevant charity” means a charity excepted from the requirement to register by paragraph (b) or paragraph (c) of old section 3(5) of the 1993 Act immediately before 31st January 2009.

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