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38—(1) Where the Commission makes an order under section 33, 34, 36 or 37, it must send the documents mentioned in subsection (2)—
(a)to the charity concerned (if a body corporate), or
(b)(if not) to each of the charity trustees.
(2) The documents are—
(a)a copy of the order, and
(b)a statement of the Commission's reasons for making it.
(3) The documents must be sent to the charity or charity trustees as soon as practicable after the making of the order.
(4) The Commission need not, however, comply with subsection (3) in relation to the documents, or (as the case may be) the statement of its reasons, if it considers that to do so—
(a)would prejudice any inquiry or investigation, or
(b)would not be in the interests of the charity;
but, once the Commission considers that this is no longer the case, it must send the documents, or (as the case may be) the statement, to the charity or charity trustees as soon as practicable.
(5) Nothing in this section requires any document to be sent to a person who cannot be found or who has no known address.
Modifications etc. (not altering text)
C1S. 38 modified (18.2.2011) by Charities Act 2008 (Transitional Provision) Order (Northern Ireland) 2011 (S.R. 2011/12), art. 2, Sch.
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