Charities Act 2009
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Intermediate sanctions. |
73.— (1) Where, in relation to a registered charitable organisation, there is a contravention of section 47 , 48 , 50 or 52 or a direction under section 51 (2) and the Authority considers that it would be reasonable and proportionate in the circumstances not to bring proceedings for an offence consisting of the contravention but instead to impose an intermediate sanction, it may if the charity trustees undertake to— | |
(a) rectify the contravention within such period as the Authority shall specify, | ||
(b) accept the imposition of intermediate sanctions by the Authority, and | ||
(c) adopt such course of action (if any) as may be agreed upon by them and the Authority for the purpose of ensuring that the contravention does not occur again, | ||
impose one or more intermediate sanctions on the charity trustees or the charitable organisation, as it considers appropriate. | ||
(2) Where the Authority proposes to perform functions under subsection (1), it shall serve a notice on the registered charitable organisation or the charity trustees concerned of the proposal. | ||
(3) Subject to subsection (4), proceedings for an offence consisting of the contravention concerned shall not be brought if the charity trustees of the charitable organisation concerned give an undertaking in accordance with subsection (1). | ||
(4) Where the charity trustees of a registered charitable organisation refuse to give an undertaking in accordance with subsection (1), or having given such an undertaking fail to— | ||
(a) rectify the contravention concerned within the period specified by the Authority, or | ||
(b) implement the measures specified in an agreed course of action, | ||
proceedings for the offence consisting of the contravention concerned shall be brought. | ||
(5) In this section “ intermediate sanction ” means— | ||
(a) removal of the charitable organisation from the register for such period as the Authority shall determine, or | ||
(b) publication of particulars of the contravention concerned on the internet website of the Authority. |