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Removal from register of charities

Charities (Registration of Charities) Regulations

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—(1) A Sector Administrator shall remove an institution from the register of charities —(a)under any of the circumstances set out in section 7(3) of the Act;(b)where the institution has failed to meet any of the conditions under regulation 3; or(c)where it appears to the Sector Administrator that the continued registration of the institution as a charity is contrary to the public interest.(2) For the purpose of paragraph (1) (c), the Sector Administrator may take into account one or more of the following considerations:(a)whether the institution is related to any other institution that at any time —(i)has been removed from the register of charities; or(ii)has been refused registration as a charity;(b)whether the institution is unlawful or has contravened any law;(c)whether the registration of the institution had been procured by any false, misleading or inaccurate information furnished to the Sector Administrator;(d)whether, in the opinion of the Sector Administrator, the governing board members of the institution had exercised proper control and management of the administration of the institution;(e)whether, in the opinion of the Sector Administrator, the charity had failed, without reasonable justification, to carry out activities in furtherance of its charitable purposes;(f)whether the governing instruments of the institution make provision for the use of the institution’s assets and funds for exclusively charitable purposes in the event that the institution ceases to be a charity or ceases to exist;(g)whether the institution has contravened any provision of its governing instruments;(h)whether the institution has failed to comply with any direction issued by the Sector Administrator;(i)whether the continued registration of the institution will be contrary to the public interest on any other grounds.(3) For the purpose of paragraph (2) (a), the word “related” has the same meaning as in regulation 4 (3) (a) and (4).

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