Charities Act 2009

44.

Determination that charitable organisation to which section 40 applies no longer deemed to be registered.

44.— (1) Where the Authority, after consultation with the Garda Síochána, is of opinion that a body that is deemed to be registered in the register by virtue of section 40 is or has become an excluded body by virtue of its promoting purposes that are—

( a) unlawful,

( b) contrary to public morality,

( c) contrary to public policy,

( d) in support of terrorism or terrorist activities, or

( e) for the benefit of an organisation, membership of which is unlawful,

it shall by notice in writing inform the body that it is no longer deemed to be so registered.

(2) Where the name of a charitable organisation that is deemed to be registered in the register by virtue of section 40 is changed in contravention of section 42(2) , the Authority shall by notice in writing inform the charitable organisation that it is no longer deemed to be so registered.

(3) If a body corporate that is deemed to be registered in the register by virtue of section 40 is convicted on indictment of an offence, the Authority may, by notice in writing, inform the body that it is no longer deemed to be so registered.

(4) Where, in relation to a charitable organisation that is deemed to be registered in the register by virtue of section 40 , the Authority is satisfied that there has been a contravention of—

( a) section 47, 48, 50 or 52 , or

( b) a direction under section 50 or 51 ,

the Authority may by notice in writing, inform the charitable organisation that it is no longer deemed to be so registered.

(5) If a charitable organisation that is deemed to be registered in the register by virtue of section 40 fails to comply with—

( a) a requirement of the Authority under section 40(4) , or

( b) a direction of the Authority under section 53 ,

the Authority may by notice in writing, inform the charitable organisation that it is no longer deemed to be so registered.

(6) Upon the service of a notice under this section, the body to whom it applies shall cease to be deemed to be registered in the register.

(7) Where the Authority is of opinion that a body that is deemed to be registered in the register by virtue of section 40 is not a charitable organisation, it shall apply to the High Court for a declaration that the body is not a charitable organisation.

(8) If the High Court, upon an application under subsection (7), grants a declaration that the body in respect of which the application is made is not a charitable organisation, the body shall cease to be deemed to be registered in the register.

(9) If a charity trustee of a body that is deemed to be registered in the register by virtue of section 40 ceases to be qualified for the position of charity trustee by virtue of section 55 , the Authority may apply to the High Court for an order authorising the Authority to inform the body by notice in writing that the body is no longer deemed to so registered, and, upon such an application, the High Court may make such an order if it considers it appropriate in all of the circumstances.

(10) Upon the service of a notice under subsection (9), the body to which the notice applies shall cease to be deemed to be registered in the register.

(11) A body that, in accordance with this section, has ceased to be deemed to be registered in the register shall not, before the expiration of one year, or such shorter period as the Minister may determine, from the date of its ceasing to be so registered, be eligible to apply to be registered, and the Authority shall not, before such expiration, perform any functions in relation to that organisation under section 39(6) .

(12) Where, in accordance with this section, a body ceases to be deemed to be registered in the register, the Authority shall—

( a) subject to paragraph (b), remove any information in the register relating to the body, and

( b) enter in the register a statement that the body has ceased to be deemed to be a registered charitable organisation and a statement of the reasons therefor.