Charities Act 2011

[F1Names and working names]E+W

Textual Amendments

42Power to require name [F2or working name] to be changedE+W

[F3(1)If one or more of the conditions in subsection (2) are met in relation to the name or a working name of a charity, the Commission may give a direction—

(a)requiring the name of the charity to be changed to a name determined by the charity trustees with the approval of the Commission, or

(b)requiring that that working name of the charity no longer be used as a working name (as the case may be).

(1A)A direction given under this section must specify the period within which the charity is to comply with the direction.]

(2)[F4The conditions are—

(a)that the name or working name is the same as, or in the opinion of the Commission too like, the name or a working name of another charity,]

(b)[F5that the name or working name] of the charity is in the opinion of the Commission likely to mislead the public as to the true nature of—

(i)the purposes of the charity as set out in its trusts, or

(ii)the activities which the charity carries on under its trusts in pursuit of those purposes,

(c)[F6that the name or working name] of the charity includes any word or expression for the time being specified in regulations made by the [F7Secretary of State] and the inclusion in [F8the name or working name] of that word or expression is in the opinion of the Commission likely to mislead the public in any respect as to the status of the charity,

(d)[F9that the name or working name] is in the opinion of the Commission likely to give the impression that the charity is connected in some way with Her Majesty's Government or any local authority, or with any other body of persons or any individual, when it is not so connected, or

(e)[F10that the name or working name] is in the opinion of the Commission offensive.

F11(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12(4)In this Act, any reference to a working name of a charity is a reference to a name that is not the name of the charity but which is used to designate the charity and under which activities of the charity are carried out.]

(5)Any direction given under this section with respect to a charity must be given to the charity trustees.

Textual Amendments

43Duty of charity trustees on receiving direction under s.42E+W

(1)On receiving a direction under section 42 the charity trustees must give effect to it regardless of anything in the trusts of the charity.

(2)If the name of any charity is changed by virtue of section 42, the charity trustees must without delay notify the Commission of—

(a)the charity's new name, and

(b)the date on which the change occurred.

(3)Subsection (2) does not affect section 35(3) (duty of charity trustees to notify changes in registered particulars).

Modifications etc. (not altering text)

44Change of name not to affect existing rights and obligations etc.E+W

A change of name by a charity by virtue of section 42 does not affect any rights or obligations of the charity; and any legal proceedings that might have been continued or commenced by or against it in its former name may be continued or commenced by or against it in its new name.

Modifications etc. (not altering text)

45Change of name where charity is a companyE+W

(1)In relation to a charitable company, any reference in section 42 or 43 to the charity trustees of a charity is to be read as a reference to the directors of the company.

(2)Subsections (3) to (5) apply if a direction is given under section 42 with respect to [F13the name of] a charitable company.

(3)The direction is to be treated as requiring the name of the company to be changed by resolution of the directors of the company.

(4)Where a resolution of the directors is passed in accordance with subsection (3), the company must give notice of the change to the registrar of companies.

(5)Where the name of the company is changed in compliance with the direction, the registrar of companies must—

(a)if satisfied that the new name complies with the requirements of Part 5 of the Companies Act 2006, enter the new name on the register of companies in place of the former name, and

(b)issue a certificate of incorporation altered to meet the circumstances of the case;

and the change of name has effect from the date on which the altered certificate is issued.

Textual Amendments

[F1445APower to delay registration following s. 42 directionE+W

(1)The Commission may delay the registration of a charity if the Commission has given a direction under section 42 (“the section 42 direction”) requiring the name of the charity to be changed.

(2)A delay under subsection (1) may last until the first to occur of—

(a)the charity trustees notifying the Commission of the charity’s new name and the date of the name change, or

(b)the expiry of the maximum postponement period.

(3)The “maximum postponement period” is the period of 60 days beginning at the end of the period specified in the section 42 direction for giving effect to the direction.

(4)If any relevant proceedings are commenced, any day on which the relevant proceedings are ongoing is to be disregarded for the purposes of determining whether the period of 60 days mentioned in subsection (3) has elapsed.

(5)Each of the following are “relevant proceedings”—

(a)proceedings on an appeal brought to the Tribunal under section 319 against the section 42 direction or against any steps taken by the Commission with a view to securing compliance with the section 42 direction;

(b)proceedings on an application made to the Tribunal under section 321 for the review of the Commission’s decision to institute an inquiry under section 46 in respect of matters connected with the section 42 direction;

(c)proceedings on an application for judicial review of the Commission’s decision to give the section 42 direction or to take any steps with a view to securing compliance with the section 42 direction;

(d)proceedings on an application under section 336 in respect of disobedience to the section 42 direction.

(6)Relevant proceedings are commenced when a notice, claim form or other document is sent or delivered to, or filed with, the Tribunal or court for the purpose of commencing the proceedings.

(7)Relevant proceedings are ongoing until—

(a)the proceedings (including any proceedings on appeal or further appeal) have been concluded, and

(b)any period during which an appeal (or further appeal) may ordinarily be made has passed.]

Textual Amendments

[F1545BPower to delay entry of name in register following a s. 42 directionE+W

(1)If the charity trustees of a charity notify the Commission under section 35(3) of a change of name of the charity, the Commission may delay changing the charity’s name in the register if the Commission has given a direction under section 42 (“the section 42 direction”) requiring the new name to be changed.

(2)A delay under subsection (1) may last until the first to occur of—

(a)the charity trustees notifying the Commission of the charity’s further new name and the date of the further name change, or

(b)the expiry of the maximum postponement period.

(3)The “maximum postponement period” is the period of 60 days beginning at the end of the period specified in the section 42 direction for giving effect to the direction.

(4)If any relevant proceedings are commenced, any day on which the relevant proceedings are ongoing is to be disregarded for the purposes of determining whether the period of 60 days mentioned in subsection (3) has elapsed.

(5)Each of the following are “relevant proceedings”—

(a)proceedings on an appeal brought to the Tribunal under section 319 against the section 42 direction or against any steps taken by the Commission with a view to securing compliance with the section 42 direction;

(b)proceedings on an application made to the Tribunal under section 321 for the review of the Commission’s decision to institute an inquiry under section 46 in respect of matters connected with the section 42 direction;

(c)proceedings on an application for judicial review of the Commission’s decision to give the section 42 direction or to take any steps with a view to securing compliance with the section 42 direction;

(d)proceedings on an application under section 336 in respect of disobedience to the section 42 direction.

(6)Relevant proceedings are commenced when a notice, claim form or other document is sent or delivered to, or filed with, the Tribunal or court for the purpose of commencing the proceedings.

(7)Relevant proceedings are ongoing until—

(a)the proceedings (including any proceedings on appeal or further appeal) have been concluded, and

(b)any period during which an appeal (or further appeal) may ordinarily be made has passed.]

Textual Amendments