Regulation 26
1.—(1) In a register of members there must be entered for each member of the CIO—
(a)the name of the member;
(b)a service address of the member;
(c)the date on which the person was registered as a member;
(d)if the CIO has more than one class of member, a statement of the class to which the member belongs; and
(e)the date on which the person ceased to be a member.
(2) For the purpose of sub-paragraph (1)(b) “The principal office of the CIO” may be entered as the service address.
(3) Every CIO having more than 50 members must keep the register in such a form as to constitute in itself an index.
2.—(1) If a CIO has only one member there must be entered in the register, with the entry in the register relating to the sole member, a statement that the CIO has only one member.
(2) If the number of members of a CIO falls to one there must be entered in the register, with the entry in the register relating to the sole member, the date on which the CIO became a CIO having only one member.
(3) If the number of members of a CIO increases from one to two or more members there must be entered in the register, with the entry in the register relating to the sole member, the date on which the CIO ceased to be a CIO having only one member.
3. An entry relating to a former member of a CIO may be removed from the register of members after the expiration of 10 years from the date on which that person ceased to be a member.
4.—(1) In a register of charity trustees there must be entered for each charity trustee of the CIO—
(a)the name of the charity trustee, including in respect of an individual any former name or names;
(b)a service address of the charity trustee;
(c)the date on which the person was registered as a charity trustee;
(d)if the CIO (being a foundation CIO) has more than one class of member, a statement of the class to which the charity trustee belongs;
(e)the date on which the person ceased to be a charity trustee.
(2) If the charity trustee is an individual “The principal office of the CIO” may be entered as the service address.
(3) If the charity trustee is a body corporate—
(a)the service address entered in the register must be the registered or principal office of the body corporate;
(b)company registration information for the body corporate must be entered in the register.
(4) If a person has been appointed interim manager of the CIO, there must be entered in the register—
(a)a statement that such a manager has been appointed under section 76 of the 2011 Act (suspension of trustees etc and appointment of interim managers); and
(b)the interim manager particulars.
(5) In this paragraph—
“company registration information” means—
in the case of an EEA company to which the First Company Law Directive (68/151/EEC)(1) applies, particulars of—
the register in which the company file mentioned in Article 3 of that Directive is kept (including details of the relevant state); and
the registration number in that register;
in the case of a body corporate which is not an EEA company mentioned in paragraph (a), particulars of—
the legal form of the company or body corporate and the law by which it is governed; and
if applicable, the register in which it is entered (including details of the state) and its registration number in that register;
“EEA company” means a company governed by the law of an EEA state(2);
“interim manager particulars” means, in relation to a person appointed as interim manager under section 76 of the 2011 Act—
the person’s name;
where the person appointed is a body corporate, the name of the individual responsible for dealing with all matters arising from the body corporate’s appointment as interim manager;
the person’s service address; and
the date on which the person was appointed as interim manager.
5. The CIO must make an alteration to the register of members or register of charity trustees within 28 days of the date on which the event necessitating the alteration occurs.
6. A CIO must keep a register maintained in accordance with this Schedule available for inspection at its principal office as it appears on the register of charities or, where the charity trustees pass a resolution to that effect, at any other address specified in the resolution.
7.—(1) A member or charity trustee of the CIO is entitled on request to inspect or to be provided with a copy of all or part of the register of members where—
(a)the request is made for the purposes of carrying out the requester’s duties as a charity trustee or member of the CIO; or
(b)the request is to inspect or to be provided with a copy of the entry in the register which is made for the requester.
(2) No other person is entitled to inspect or to be provided with a copy of the register kept by a CIO except as provided in sub-paragraph (3).
(3) A person is entitled on request to inspect or to be provided with a copy of all or part of the register of members if—
(a)in accordance with its constitution, some or all of the members of the CIO are liable to contribute to its assets if it is wound up;
(b)the CIO has been or is in the course of being wound up; and
(c)the request is made for the purposes of recovering a member’s contribution.
(4) For the purposes of sub-paragraph (3), if not all of its members are liable to contribute to its assets if it is wound up, the entitlement is limited to those entries on the register that relate to members who are so liable.
(5) Where a CIO makes the register available for inspection or provides a copy in response to a request other than under sub-paragraph (1) it may require payment of such fee as the charity trustees may reasonably require in respect of the costs of complying with the request.
8.—(1) Any person is entitled on request to inspect or to be provided with a copy of all or part of the register of charity trustees kept by the CIO.
(2) Where a CIO makes the register available for inspection or provides a copy in response to a request other than under sub-paragraph (3), it may require payment of such fee as the charity trustees may reasonably require in respect of the costs of complying with the request.
(3) A member or charity trustee of the CIO is entitled to inspect or to be provided with a copy of all or part of the register without payment of a fee where—
(a)the request is made for the purposes of carrying out the requester’s duties as a charity trustee or member of the CIO; or
(b)the request is to inspect or to be provided with a copy of the entry in the register which is made for the requester.
9. A CIO may refuse a request under paragraph 8 in relation to any entry in the register relating to a person who is or was a charity trustee if that person is affected by a dispensation from any reporting requirements under regulations 40 and 41 of the Charities (Accounts and Reports) Regulations 2008(3).
10.—(1) When a person inspects a CIO’s register of members or register of charity trustees or is provided with a copy of the register or part of it, the CIO must provide that person with the information specified in sub-paragraph (2).
(2) The information to be provided is—
(a)the most recent date (if any) on which alterations were made to the register or to the relevant part of it; and
(b)confirmation either—
(i)that there are no further alterations to be made to the register or to the relevant part of it; or
(ii)if there are alterations to be made but which have not yet been made, that there are alterations to be made.
11.—(1) For the purposes of paragraphs 1 and 4 of this Schedule—
“name” means, in relation to an individual, the individual’s forename and surname;
“former name” means a name by which an individual was formerly known for business purposes but does not include—
in the case of a peer or an individual normally known by a British title, a name by which the person was known previous to the adoption of or succession to the title;
in the case of any person, a name that—
was changed or disused before the person attained the age of 16 years; or
has been changed or disused for 20 years or more.
(2) Despite paragraph (1), in the case of a peer or an individual usually known by a title, the title may be stated instead of or in addition to the peer or individual’s forename and surname.
Directive of the Council on co-ordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community. OJ No L 65, 14.03.1968, p8.
For the meaning of “EEA state” see the Interpretation Act 1978 (c.30), Schedule 1.
S.I. 2008/629. There are amendments to the Regulations not relevant to these Regulations.