Section 42 Power to require name or working name to be changedF11

England and Wales

F1(1)

If one or more of the conditions in subsection (2) are met in relation to the name or a working name of a charity, the Commission may give a direction—

(a)

requiring the name of the charity to be changed to a name determined by the charity trustees with the approval of the Commission, or

(b)

requiring that that working name of the charity no longer be used as a working name (as the case may be).

(1A)

A direction given under this section must specify the period within which the charity is to comply with the direction.

(2)

F2The conditions are—

(a)

that the name or working name is the same as, or in the opinion of the Commission too like, the name or a working name of another charity,

(b)

F3that the name or working name of the charity is in the opinion of the Commission likely to mislead the public as to the true nature of—

(i)

the purposes of the charity as set out in its trusts, or

(ii)

the activities which the charity carries on under its trusts in pursuit of those purposes,

(c)

F4that the name or working name of the charity includes any word or expression for the time being specified in regulations made by the F5Secretary of State and the inclusion in F6the name or working name of that word or expression is in the opinion of the Commission likely to mislead the public in any respect as to the status of the charity,

(d)

F7that the name or working name is in the opinion of the Commission likely to give the impression that the charity is connected in some way with Her Majesty's Government or any local authority, or with any other body of persons or any individual, when it is not so connected, or

(e)

F8that the name or working name is in the opinion of the Commission offensive.

F9(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(4)

In this Act, any reference to a working name of a charity is a reference to a name that is not the name of the charity but which is used to designate the charity and under which activities of the charity are carried out.

(5)

Any direction given under this section with respect to a charity must be given to the charity trustees.

Annotations

Textual amendments

F1: S. 42(1)(1A) substituted for s. 42(1) (14.6.2023) by Charities Act 2022 (c. 6), ss. 25(b), 41(4); S.I. 2023/643, Sch. para. 12
F2: Words in s. 42(2) substituted (14.6.2023) by Charities Act 2022 (c. 6), ss. 25(c)(i), 41(4); S.I. 2023/643, Sch. para. 12
F3: Words in s. 42(2)(b) substituted (14.6.2023) by Charities Act 2022 (c. 6), ss. 25(c)(ii), 41(4); S.I. 2023/643, Sch. para. 12
F4: Words in s. 42(2)(c) substituted (14.6.2023) by Charities Act 2022 (c. 6), ss. 25(c)(iii), 41(4); S.I. 2023/643, Sch. para. 12
F5: Words in s. 42(2)(c) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 25(2)(k) (with art. 12)
F6: Words in s. 42(2)(c) substituted (14.6.2023) by Charities Act 2022 (c. 6), ss. 25(c)(iv), 41(4); S.I. 2023/643, Sch. para. 12
F7: Words in s. 42(2)(d) substituted (14.6.2023) by Charities Act 2022 (c. 6), ss. 25(c)(v), 41(4); S.I. 2023/643, Sch. para. 12
F8: Words in s. 42(2)(e) substituted (14.6.2023) by Charities Act 2022 (c. 6), ss. 25(c)(vi), 41(4); S.I. 2023/643, Sch. para. 12
F9: S. 42(3) omitted (14.6.2023) by virtue of Charities Act 2022 (c. 6), ss. 25(d), 41(4); S.I. 2023/643, Sch. para. 12
F10: S. 42(4) substituted (14.6.2023) by Charities Act 2022 (c. 6), ss. 25(e), 41(4); S.I. 2023/643, Sch. para. 12
F11: Words in s. 42 heading inserted (14.6.2023) by Charities Act 2022 (c. 6), ss. 25(a), 41(4); S.I. 2023/643, Sch. para. 12

Notes on Names and working names

Textual amendments

F1: S. 42 cross-heading substituted (14.6.2023) by Charities Act 2022 (c. 6), s. 41(4), Sch. 2 para. 31; S.I. 2023/643, Sch. para. 20(n)