Part 4Registration and names of charities
Registration: duties of trustees and claims and objections
C135Duties of trustees in connection with registration
1
If a charity required to be registered by virtue of section 30(1) is not registered, the charity trustees must—
a
apply to the Commission for the charity to be registered, and
b
supply the Commission with the required documents and information.
2
The required documents and information are—
a
copies of the charity's trusts or (if they are not set out in any extant document) particulars of them,
b
such other documents or information as may be prescribed by regulations made by the Minister, and
c
such other documents or information as the Commission may require for the purposes of the application.
3
If an institution is for the time being registered, the charity trustees (or the last charity trustees) must—
a
notify the Commission if the institution ceases to exist, or if there is any change in its trusts or in the particulars of it entered in the register, and
b
so far as appropriate, supply the Commission with particulars of any such change and copies of any new trusts or alterations of the trusts.
4
Nothing in subsection (3) requires a person—
a
to supply the Commission with copies of schemes for the administration of a charity made otherwise than by the court,
b
to notify the Commission of any change made with respect to a registered charity by such a scheme, or
c
if the person refers the Commission to a document or copy already in the Commission's possession, to supply a further copy of the document.
C236Claims and objections to registration
1
A person who is or may be affected by the registration of an institution as a charity may, on the ground that it is not a charity—
a
object to its being entered by the Commission in the register, or
b
apply to the Commission for it to be removed from the register.
2
Provision may be made by regulations made by the Minister as to the manner in which any such objection or application is to be made, prosecuted or dealt with.
3
Subsection (4) applies if there is an appeal to the Tribunal against any decision of the Commission—
a
to enter an institution in the register, or
b
not to remove an institution from the register.
4
Until the Commission is satisfied whether the decision of the Commission is or is not to stand, the entry in the register—
a
is to be maintained, but
b
is in suspense and must be marked to indicate that it is in suspense.
5
Any question affecting the registration or removal from the register of an institution—
a
may be considered afresh by the Commission, even though it has been determined by a decision on appeal under Chapter 2 of Part 17 (appeals and applications to Tribunal), and
b
is not concluded by that decision, if it appears to the Commission that—
i
there has been a change of circumstances, or
ii
the decision is inconsistent with a later judicial decision.