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Amendment of section 43 of Principal Act
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10. Section 43 of the Principal Act is amended—
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(a) in subsection (1), by the substitution of “shall, on the specified date, remove” for “shall remove”,
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(b) in subsection (2), by the substitution of “the Authority shall, on the specified date, remove” for “the Authority shall remove”,
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(c) by the insertion of the following subsections after subsection (2):
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“(2A) Where a charitable organisation fails to comply with a condition attached to the registration under section 39(9)(b), the Authority shall, on the specified date, remove from the register all of the information entered in relation to that organisation, and that organisation shall, thereupon, cease to be registered.
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(2B) Where a charitable purpose is changed or a specified clause is amended in contravention of section 42A(3), the Authority shall, on the specified date, remove from the register all of the information entered in relation to that organisation, and that organisation shall, thereupon, cease to be registered.”,
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(d) in subsection (3), by the substitution of “the Authority shall, on the specified date, remove” for “the Authority may remove”,
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(e) by the substitution of the following subsection for subsection (4):
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“(4) Where, in relation to a charitable organisation, the Authority is satisfied that there has been a contravention of—
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(a) section 39(11A) (other than paragraph (a) of that subsection), 47, 48, 50 or 52, or
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(b) a direction under section 50 or 51,
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the Authority shall, on the specified date, remove from the register all of the information entered in relation to that organisation, and that organisation shall, thereupon, cease to be registered.”,
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(f) in subsection (5), by the substitution of “section 53 or 66A(3), the Authority shall, on the specified date, remove” for “section 53, the Authority may remove”,
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(g) by the insertion of the following subsection after subsection (5):
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“(5A) Where the Authority is of the opinion that a body registered in the register—
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(a) is not a charitable organisation, or
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(b) has been wound up or has otherwise ceased to operate,
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the Authority shall, on the specified date, remove from the register all of the information entered in relation to that organisation, and that organisation shall, thereupon, cease to be registered.”,
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(h) by the deletion of subsections (6) and (7),
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(i) in subsection (10), by the substitution of “section 39(7)” for “section 39(6)”, and
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(j) by the insertion of the following subsections after subsection (11):
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“(12) A statement entered in the register under subsection (11) shall remain in the register for so long as the Authority considers appropriate.
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(13) The Authority may publish, in such manner as it considers appropriate, a list of bodies that cease to be registered pursuant to this section.
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(14) In this section, ‘specified date’ means where the High Court confirms, pursuant to section 45A(3), the decision of the Authority to remove the charitable organisation from the register, the date of the Court’s decision or such later date as the Court may specify in accordance with section 45A(8).”.
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