HC Deb 10 August 1916 vol 85 cc1378-9

(1) The registration authority, if satisfied that any charity registered under this Act is not being carried on in good faith for charitable purposes, or is not complying with any of the conditions imposed under this Act, or is not being properly administered, may remove the charity from the register:

Provided that an appeal shall lie to the Charity Commissioners against the decision of the registration authority to remove a charity from the register.

(2) Where any charity is removed from the register the Charity Commissioners may, notwithstanding that an appeal is pending,—

  1. (a) order any bank or other person who holds money or securities on behalf of the charity not to part with such money or securities without the authority of the Commissioners;
  2. (b) order any cash or securities held for any such charity to be paid or transferred to the Official Trustees of Charitable Funds and for that purpose may make any such order as they are authorised under Section two of the Charitable Trusts Act, 1860, to make;
and if any person fails to comply with any such order he shall, without prejudice to any other liability, be guilty of an offence against this Act.

(3) The Charity Commissioners may also, where a charity is removed from the register, establish a scheme for the regulation of the charity in accordance with their ordinary jurisdiction under the Charitable Trusts Acts, 1853 to 1914, as if the charity were a charity within the jurisdiction of the Commissioners under those Acts, but without the necessity of any application being made for the purpose.

Amendment made: In Sub-section (1), after the word "register" ["from the register"], insert the words "and shall notify such removal to the Charity Commissioners."— [Mr. Brace.]

Mr. PENNEFATHER

I beg to move after the words last inserted to insert the words "and if they so remove, it shall give public notice of its removal." I think if the registration authority remove a war charity from the register, they ought certainly to make that fact known to the public by giving public notice.

Amendment agreed to.

Mr. PENNEFATHER

I beg to move, in Sub-section (3), after the word "is" "a charity is"], to insert the, words "refused registration or."

Mr. BRACE

This point is covered by a new Clause which I propose to move subsequently.

Amendment, by leave, withdrawn.

Clause, as amended, agreed to, and ordered to stand part of the Bill.

CLAUSE 6 (Powers of Charity Commissioners for Purposes of Appeals) ordered to stand part of the Bill.