42.— (1) The Authority shall not register a charitable organisation if—

(a) the name of the charitable organisation is—

(i) the same as, or

(ii) in the opinion of the Authority, so similar to the name of another charitable organisation as to be likely to cause members of the public to be unable to distinguish it from that other charitable organisation,

(b) the name of the charitable organisation is, in the opinion of the Authority likely to mislead members of the public as to—

(i) the purposes of the charitable organisation, or

(ii) the activities that it carries on, or intends to carry on, in pursuit of those purposes,

(c) the name of the charitable organisation is, in the opinion of the Authority, likely to cause members of the public to believe that it is connected with the Government, a local authority, or any person or body of persons with whom it has no connection, or

(d) the name of the charitable organisation is, in the opinion of the Authority, offensive.

(2) The name of a registered charitable organisation shall not be changed without the consent of the Authority and the Authority shall not give such consent if—

(a) the name of the charitable organisation is—

(i) the same as, or

(ii) in the opinion of the Authority, so similar to the name of another charitable organisation as to be likely to cause members of the public to be unable to distinguish it from that other charitable organisation,

(b) the name of the charitable organisation is, in the opinion of the Authority likely to mislead members of the public as to—

(i) the purposes of the charitable organisation, or

(ii) the activities that it carries on, or intends to carry on, in pursuit of those purposes,

(c) the name of the charitable organisation is, in the opinion of the Authority, likely to cause members of the public to believe that it is connected with the Government, a local authority, or any person or body of persons with whom it has no connection, or

(d) the name of the charitable organisation is, in the opinion of the Authority, offensive.

(3) Where the Authority refuses to give its consent under subsection (2), the decision to so refuse may be appealed to the Tribunal by, or on behalf of, the charitable organisation concerned.

(4) Where the name of a charitable organisation has been changed in contravention of subsection (2), the charity trustees of the organisation shall each be guilty of an offence.

(5) Where the name of a charitable organisation that is a body corporate has been changed in contravention of subsection (2) the charitable organisation shall be guilty of an offence.