The Charitable Incorporated Organisations (General) Regulations 2012

PART 3 MAINTENANCE OF AND ACCESS TO REGISTERS

Updating registers

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.

Registers to be kept available for inspection

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.

Members register: rights of access

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.

Trustees register: rights of access

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.

Information relating to charity trustees: grounds for refusal

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(1).

Information as to state of register

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.

(1)

S.I. 2008/629. There are amendments to the Regulations not relevant to these Regulations.