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Amendment of section 40 of Principal Act
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8. Section 40 of the Principal Act is amended—
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(a) by the deletion, in subsection (2), of “or procurement”,
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(b) by the substitution of the following subsection for subsection (4):
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“(4) The Authority may, by notice in writing, require a charitable organisation to which subsection (1) applies to provide it, not later than 14 days after the date of the notice, or such longer period as the Authority may specify, with all or any of the information, particulars or documents that the organisation would be required to so provide if it were an applicant under section 39.”,
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(c) in subsection (6)—
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(i) by the substitution of “subsection (4)” for “subsection (3)”,
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(ii) in paragraph (a)—
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(I) by the insertion of “or the United Kingdom” after “EEA state” in each place where it occurs, and
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(II) by the substitution of “charitable organisation and its principal place” for “charitable organisation, its principal place”,
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(iii) in paragraph (b)—
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(I) by the insertion, in subparagraph (i), of “or the United Kingdom” after “EEA state”, and
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(II) by the substitution of “in the state specified in subparagraph (i)” for “in that EEA state”,
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(iv) by the deletion, in paragraph (f), of “and”,
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(v) by the insertion of the following paragraph after paragraph (f):
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“(fa) the constitution of the charitable organisation, and”,
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and
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(vi) by the substitution, in paragraph (g), of “information” for “particulars”,
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and
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(d) by the insertion of the following subsections after subsection (6):
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“(7) A charitable organisation that is deemed to be registered under subsection (1) shall, as soon as may be, notify the Authority in writing where—
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(a) information or a particular entered in the register in accordance with subsection (6) ceases to be correct,
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(b) information or a particular provided to the Authority in respect of a charity trustee ceases to be correct,
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(c) it is proposed to wind up the charitable organisation or to cease its operations, or
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(d) there is a resignation or appointment of a charity trustee.
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(8) A notification under subsection (7) shall be in such form as may be specified by the Authority and shall be accompanied by the following particulars—
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(a) in the case of a notification pursuant to paragraph (c) of subsection (7), by—
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(i) a statement of the assets and liabilities of the charitable organisation, and
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(ii) particulars of any proposed transfer of the assets of the charitable organisation,
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or
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(b) in the case of a notification pursuant to paragraph (d) of subsection (7), by the declaration referred to in section 39(5)(da)(ii) in respect of the appointment of a new charity trustee.
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(9) Without prejudice to the generality of subsection (8), the Authority may, following a notification under subsection (7), require the charitable organisation to provide it with specified information or documents within such period as the Authority may specify.
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(10) A person who, in purported compliance with this section, knowingly or recklessly provides information or a particular to the Authority that is false or misleading in a material respect, or who believes any such information or particular when provided by him or her, in purported compliance with this section, not to be true, shall be guilty of an offence.
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(11) Where, in relation to a charitable organisation that is a body corporate, there is a contravention of subsection (4) or (7), the body corporate shall be guilty of an offence.
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(12) Where, in relation to a charitable organisation, there is a contravention of subsection (4) or (7), the charity trustees shall each be guilty of an offence.
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(13) Subsections (7) to (9) do not apply to an education body.”.
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