| Guvnor

Enforced by: Charity Commission
Status: In Force
Penalty ceiling: Prosecution 3 of 6 obligations carry an unlimited fine. 2 carry different penalties and 1 has no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person4 Trader1 Director or Officer1

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Trader — also bound by 825 other Acts

Value Added Tax Regulations 1995 416 duties

Companies Act 2006 243 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 133 duties

Companies Act 1985 85 duties

Insolvency (England and Wales) Rules 2016 62 duties

Director or Officer — also bound by 429 other Acts

Insolvency (England and Wales) Rules 2016 162 duties

Companies Act 2006 126 duties

Insolvency Act 1986 77 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 68 duties

Building Societies Act 1986 32 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.059 Prohibition on professional fund-raiser etc. raising funds for charitable institution without an agreement in prescribed form. Regulated

Have a written agreement with charity before fundraising on its behalfTrader

s.060 Professional fund-raisers etc. required to indicate institutions benefiting and arrangements for remuneration. Prosecution

Fail to provide required charity solicitation statementsAny Person

Unlimited fine

s.060 Other persons making appeals required to indicate institutions benefiting and arrangements for remuneration Prosecution

Fail to disclose charity beneficiary and remuneration in collectionsAny Person

Unlimited fine

s.063 False statements relating to institutions which are not registered charities. Prosecution

Falsely claim registered charity status when fundraisingAny Person

Unlimited fine

s.064 Regulations about fund-raising. Prosecution

Fail to comply with fundraising regulationsAny Person

Fine up to £500

s.075 Offences by bodies corporate. Regulated

Director or officer liability for corporate offences under the Charities ActDirector or Officer

78 other provisions — procedural and definitional

s.001 Interpretation of Part I,

s.002 The register of charities.

s.003 Status of registered charity (other than small charity) to appear on official publications etc.

s.004 Power of Commissioners to require charity’s name to be changed.

s.005 Effect of direction under s. 4 where charity is a company.

s.006 General power to institute inquiries.

s.007 Power of Commissioners to obtain information and documents.

s.008 Power to act for protection of charities.

s.009 Supplementary provisions relating to receiver and manager appointed for a charity.

s.010 Additional powers exercisable by Commissioners in relation to charitable companies.

s.011 Report of inquiry held by Commissioners to be evidence in certain proceedings.

s.012 Supervision by Commissioners of certain Scottish charities.

s.013 Commissioners’ concurrent jurisdiction with High Court for certain purposes.

s.014 Trust corporations appointed by Commissioners under 1960 Act.

s.015 Application of property cy-pres.

s.016 Common deposit funds.

s.017 Power of Commissioners to authorise certain ex gratia payments etc. by charities.

s.018 Dormant bank accounts of charities.

s.019 Duty to keep accounting records.

s.020 Annual statements of accounts.

s.021 Annual audit or examination of charity accounts.

s.022 Supplementary provisions relating to audits etc.

s.023 Annual reports.

s.024 Special provision as respects accounts and annual reports of exempt and other excepted charities.

s.025 Public inspection of annual reports etc.

s.026 Annual returns by registered charities.

s.027 Offences.

s.028 Power of Commissioners to bring proceedings with respect to charities.

s.029 Divestment of charity property held by official custodian for charities.

s.030 Provisions supplementary to s. 29.

s.031 Divestment in the case of land subject to Reverter of Sites Act 1987.

s.032 Restrictions on dispositions of charity land.

s.033 Supplementary provisions relating to dispositions of charity land.

s.034 Restrictions on mortgaging charity land.

s.035 Supplementary provisions relating to mortgaging of charity land.

s.036 Removal of requirements under statutory provisions for consent to dealings with charity land.

s.037 Release of charity rentcharges.

s.038 Relaxation of restrictions on wider-range investments.

s.039 Extension of powers of investment.

s.040 Charitable companies: alteration of objects clause etc.

s.041 Charitable companies: requirement of consent of Commissioners to certain acts.

s.042 Charitable companies: name to appear on correspondence etc.

s.043 Small charities: power to transfer all property, modify objects etc.

s.044 Small charities: power to spend capital.

s.045 Persons disqualified for being trustees of a charity.

s.046 Person acting as charity trustee while disqualified.

s.047 Minor and consequential amendments of 1960 Act.

s.048 Amendment of Charitable Trustees Incorporation Act 1872.

s.049 Amendment of Redundant Churches and Other Religious Buildings Act 1969.

s.050 Contributions towards maintenance etc. of almshouses.

s.051 Fees and other amounts payable to Commissioners.

s.052 Disclosure of information to and by Commissioners.

s.053 Data protection.

s.054 Supply of false or misleading information to Commissioners, etc.

s.055 Restriction on institution of proceedings for certain offences.

s.056 Enforcement of requirements by order of Commissioners, and other provisions as to orders made by them.

s.057 Directions of the Commissioners.

s.058 Interpretation of Part II.

s.060 Exclusion of lower-paid collectors from provisions of section 60A

s.061 Cancellation of payments and agreements made in response to appeals.

s.062 Right of charitable institution to prevent unauthorised fund-raising.

s.064 Reserve power to control fund-raising by charitable institutions

s.064 Reserve power in relation to fund-raising regulators

s.064 Reserve power to confer additional powers on Charity Commission

s.065 Interpretation of Part III.

s.066 Prohibition on conducting public charitable collections without authorisation.

s.067 Applications for permits to conduct public charitable collections.

s.068 Determination of applications and issue of permits.

s.069 Refusal of permits.

s.070 Withdrawal etc. of permits.

s.071 Appeals.

s.072 Orders made by Charity Commissioners.

s.073 Regulations.

s.074 Offences.

s.076 Service of documents.

s.077 Regulations and orders.

s.078 Minor and consequential amendments and repeals.

s.079 Short title, commencement and extent.

Schedules

0 of 58 shown

58 other schedules

s.sch001 Power to act for protection of charities.

s.sch001 The register of charities.

s.sch002 In section 32(2) “connected person”, in relation to a charity,...

s.sch002 (1) In paragraph 1(c) “child” includes a stepchild and an...

s.sch002 For the purposes of paragraph 1(f) a person controls an...

s.sch002 (1) For the purposes of paragraph 1(g) any such connected...

s.sch003 In section 1(2) (constitution etc. of Commissioners), for “servants” substitute...

s.sch003 In section 28 (authorisation by Commissioners of charity proceedings)—

s.sch003 In section 30C(1) (charitable companies: status to appear on correspondence,...

s.sch003 Omit section 31 (protection of expression “common good”).

s.sch003 In section 32 (general obligation to keep accounts)—

s.sch003 In section 34(2) (manner of executing documents), in paragraph (c),...

s.sch003 After section 40 insert— Service of orders and directions under...

s.sch003 In section 41 (enforcement of orders of Commissioners etc.), for...

s.sch003 In section 43 (regulations), after subsection (2) insert—

s.sch003 In section 45 (construction of references to a charity etc.)—...

s.sch003 In section 46 (other definitions)— (a) in the definition of...

s.sch003 In section 8 (receipt and audit of accounts of charities)—...

s.sch003 In each of sub-paragraphs (1) and (2) of paragraph 2...

s.sch003 (1) Paragraph 3 of Schedule 1 (procedure of Commissioners) shall...

s.sch003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.sch003 For section 9 substitute— Supply by Commissioners of copies of...

s.sch003 In section 16 (entrusting charity property to official custodian)—

s.sch003 In section 17 (supplementary provisions as to property vested in...

s.sch003 In section 18(1)(b) (concurrent jurisdiction with High Court for certain...

s.sch003 In section 19(6) (further powers to make schemes or alter...

s.sch003 In section 21 (publicity for proceedings under sections 18 and...

s.sch003 In section 22 (common investment schemes)— (a) omit subsection (6);...

s.sch004 For section 1 of the Charitable Trustees Incorporation Act 1872...

s.sch004 For section 14 of the 1872 Act substitute— Interpretation. In this Act— “charity” has the same meaning as in...

s.sch004 Omit the Schedule (particulars to be supplied for the purposes...

s.sch004 In section 2 (estate to vest in incorporated body), omit...

s.sch004 For section 3 of the 1872 Act substitute— Applications for...

s.sch004 In section 4 of the 1872 Act (nomination of trustees,...

s.sch004 In section 5 of the 1872 Act (liability of trustees...

s.sch004 After section 6 of the 1872 Act insert— Power of...

s.sch004 In section 7 of the 1872 Act (Commissioners to keep...

s.sch004 In section 8 of the 1872 Act (enforcement of orders...

s.sch004 For section 12 of the 1872 Act substitute— Execution of...

s.sch005 AMENDMENTS OF REDUNDANT CHURCHES AND OTHER RELIGIOUS BUILDINGS ACT 1969

s.sch006 CLERGY PENSIONS MEASURE 1961 (No.3)

s.sch006 CIVIC GOVERNMENT (SCOTLAND) ACT 1982 (c. 45)

s.sch006 COMPANIES ACT 1985 (c.6)

s.sch006 HOUSING ACT 1985 (c.68)

s.sch006 HOUSING ASSOCIATIONS ACT 1985 (c.69)

s.sch006 FINANCIAL SERVICES ACT 1986 (c.60)

s.sch006 COAL INDUSTRY ACT 1987 (c.3)

s.sch006 REVERTER OF SITES ACT 1987 (c.15)

s.sch006 INCOME AND CORPORATION TAXES ACT 1988 (c.1)

s.sch006 FINANCE ACT 1963 (c.25)

s.sch006 CATHEDRALS MEASURE 1963 (No.2)

s.sch006 LEASEHOLD REFORM ACT 1967 (c.88)

s.sch006 SHARING OF CHURCH BUILDINGS ACT 1969 (c.38)

s.sch006 LOCAL GOVERNMENT ACT 1972 (c.70)

s.sch006 FIRE PRECAUTIONS (LOANS) ACT 1973 (c.11)

s.sch006 THEATRES TRUST ACT 1976 (c.27)

s.sch006 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 (c.30)

Help complying

Guvnor’s practical routes through this instrument.

1 more guide that reference this instrument

Follow the Code of Fundraising Practice and your trustee duties

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Charities Act 1992

Does it bind you?

Other Acts binding the same actors

What it requires

Schedules

Help complying