SCHEDULES

[F1SCHEDULE 5BE+WFurther provision about Charitable Incorporated Organisations

Textual Amendments

F1Sch. 5B inserted (27.2.2007 for the insertion of Sch. 5B paras. 10(2)(3), 13 for specified purposes) by Charities Act 2006 (c. 50), s. 79(2), Sch. 7 para. 2; S.I. 2007/309, art. 2, Sch.

Registration and coming into effect of amendmentsE+W

15(1)A CIO shall send to the Commission a copy of a resolution containing an amendment to its constitution, together with—E+W

(a)a copy of the constitution as amended, and

(b)such other documents and information as the Commission may require,

by the end of the period of 15 days beginning with the date of passing of the resolution (see paragraph 14(3)).

(2)An amendment to a CIO's constitution does not take effect until it has been registered.

(3)The Commission shall refuse to register an amendment if—

(a)in the opinion of the Commission the CIO had no power to make it (for example, because the effect of making it would be that the CIO ceased to be a charity, or that the CIO or its constitution did not comply with any requirement imposed by or by virtue of this Act or any other enactment), or

(b)the amendment would change the name of the CIO, and the Commission could have refused an application under section 69E of this Act for the constitution and registration of a CIO with the name specified in the amendment on a ground set out in subsection (4) of that section.

(4)The Commission may refuse to register an amendment if the amendment would make a regulated alteration and the consent referred to in paragraph 14(5) had not been obtained.

(5)But if the Commission does register such an amendment, paragraph 14(5) does not apply.]