PART 11CHARITABLE INCORPORATED ORGANISATIONS
Nature and constitution
109Offences connected with name and status
1
In the case of failure, without reasonable excuse, to comply with section 107 an offence is committed by—
a
every charity trustee of the CIO who is in default, and
b
any other person who on the CIO’s behalf—
i
signs or authorises the signing of the offending document, communication or conveyance, or
ii
otherwise commits or authorises the offending act or omission.
2
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 3 on the standard scale.
3
The reference in subsection (1) to a charity trustee being “in default”, and the reference in subsection (2) to a daily default fine, have the same meaning as in the Companies Acts (see sections 1121 to 1123 and 1125 of the Companies Act 2006 (c. 46)).
4
A person who holds any body out as being a CIO when it is not (however the person does this) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
5
It is a defence for a person charged with an offence under subsection (4) to prove that the person believed on reasonable grounds that the body was a CIO.