16B.—(1) Regulations under section 16A may make provision requiring, or authorising the Commission to require, any—
(a)relevant institution, or
(b)person connected with a relevant institution,
to provide the Commission with information or evidence for the purpose of enabling the Commission to determine whether the institution is, or is still, a charity exempted under section 16A.
(2) Requirements under subsection (1) may set deadlines for the provision of the information or evidence.
(3) Information or evidence provided in response to a requirement under subsection (1) may be used also for the purposes of the exercise, in relation to the relevant institution or a person connected with it, of any function of the Commission.
(4) In this section “relevant institution” means—
(a)any institution if—
(i)it is not a registered charity, and
(ii)a representation that it is a charity, or that it is a charity of a particular description, is made by a person connected with it, or
(b)any purported institution if a representation that it is a charity, or that it is a charity of a particular description, is made by a person connected with it.
(5) For the purposes of this section, a person is connected with an institution if—
(a)the institution is a charity and the person is a charity trustee of the charity, or
(b)the person—
(i)is a trustee, officer, agent or employee of the institution,
(ii)holds property on behalf of the institution or of any trustee of it, or
(iii)engages in appeals to the public to give money or other property, or in other fund-raising activities, for the benefit of the institution.
(6) For the purposes of this section, a person is connected with a purported institution if the person—
(a)makes a representation that the person is a trustee, officer, agent or employee of it or that the person holds property on behalf of it or of any trustee of it, or
(b)engages in appeals to the public to give money or other property, or in other fund-raising activities, for its benefit.]
Textual Amendments
F1Ss. 16A-16C inserted (30.3.2022) by Charities Act (Northern Ireland) 2022 (c. 11), ss. 3(5), 4(2)