C8

Prospective affecting provision: subss. (1), (2), (3), (5), (10) amended, subs. (4) substituted, subss. (2A), (2B), (5A), (12)-(14) inserted, subss. (6), (7) deleted by Charities (Amendment) Act 2024 (21/2024), s. 10(a)-(j), not commenced as of date of revision.

43.— (1) Where the Authority, after consultation with the Garda Síochána, is of opinion that a body registered in the register 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 F22[shall, on the specified date, remove] from the register all of the information entered in relation to that body and the body shall thereupon cease to be registered.

(2) Where the name of a charitable organisation is changed in contravention of section 42(2), F22[the Authority shall, on the specified date, remove] from the register all of the information entered in relation to that organisation and the organisation shall thereupon cease to be registered.

F23[(2A) Where a charitable organisation fails to comply with a condition attached to the registration under section 39(9)(b), the Authority shall, on the specified date, remove from the register all of the information entered in relation to that organisation, and that organisation shall, thereupon, cease to be registered.

(2B) Where a charitable purpose is changed or a specified clause is amended in contravention of section 42A(3), the Authority shall, on the specified date, remove from the register all of the information entered in relation to that organisation, and that organisation shall, thereupon, cease to be registered.]

(3) If a registered charitable organisation that is a body corporate is convicted on indictment of an offence, F22[the Authority shall, on the specified date, remove] from the register all of the information entered in relation to that organisation, and that organisation shall, thereupon, cease to be registered.

F22[(4) Where, in relation to a charitable organisation, the Authority is satisfied that there has been a contravention of—

(a) section 39(11A) (other than paragraph (a) of that subsection), 47, 48, 50 or 52, or

(b) a direction under section 50 or 51,

the Authority shall, on the specified date, remove from the register all of the information entered in relation to that organisation, and that organisation shall, thereupon, cease to be registered.]

(5) If a registered charitable organisation fails to comply with a direction of the Authority under F22[section 53 or 66A(3), the Authority shall, on the specified date, remove] from the register all of the information entered in relation to that organisation, and that organisation shall, thereupon, cease to be registered.

F23[(5A) Where the Authority is of the opinion that a body registered in the register—

(a) is not a charitable organisation, or

(b) has been wound up or has otherwise ceased to operate,

the Authority shall, on the specified date, remove from the register all of the information entered in relation to that organisation, and that organisation shall, thereupon, cease to be registered.]

(6) F24[…]

(7) F24[…]

(8) If a charity trustee of a registered charitable organisation 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 remove the charitable organisation from the register, and, upon such an application, the High Court may make such an order if it considers it appropriate in all of the circumstances.

(9) If the High Court makes an order under subsection (8), the Authority shall forthwith remove from the register all of the information entered in relation to that organisation, and that organisation shall thereupon cease to be registered.

(10) A body that, in accordance with this section, has ceased to be registered for the purposes of section 39 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 F22[section 39(7)].

(11) Where, in accordance with this section, a body ceases to be registered, the Authority shall enter in the register a statement that the body has ceased to be registered and a statement of the reasons therefor.

F23[(12) A statement entered in the register under subsection (11) shall remain in the register for so long as the Authority considers appropriate.

(13) The Authority may publish, in such manner as it considers appropriate, a list of bodies that cease to be registered pursuant to this section.

(14) In this section, “specified date” means where the High Court confirms, pursuant to section 45A(3), the decision of the Authority to remove the charitable organisation from the register, the date of the Court’s decision or such later date as the Court may specify in accordance with section 45A(8).]