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Auth officer powers > Investigations and Inquiries > Flashcards

Investigations and Inquiries Flashcards

(39 cards)

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1
Q

I & I

Section 34

A

Remove charities from Register

Decision Maker: PB3 or above
Approval Level: PB4 or above

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2
Q

I & I

Section 46

A

Opening/ Closing an Inquiry

Decision Maker: PB3
Approval Level: PB5 Deputy Head or above

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3
Q

I & I

Section 47
1. 2(a)(b)

A

Direction to… provide information/ documents

Decision Maker: PB3 or above
Approval Level: PB4 or above

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4
Q

Section 47
1. 2(a)(b)

sensitive

A

Direction to… provide information/ documents
If the information requested is personal/ sensitive

Decision Maker: PB4 or above
Approval Level: PB5 or above

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5
Q

Section 47
2. s.47(2)(c)

A

Direction to attend at a specific place

Decision Maker: PB4 or above
Approval Level: PB5 or above

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6
Q

Section 47
3. s.47(3)(a)

A

Evidence taken on Oath

Decision Maker: PB4 or above
Approval Level: PB5 or above

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7
Q

I & I

Sections 48 & 49

A

Search warrant to enter and seize property

Decision Maker: PB4 or above with legal advice
Approval Level: PB6b or above

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8
Q

I & I

Section 52

A

Order to gather information

Decision Maker: PB3 or above
Approval Level: PB4 or above

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9
Q

Section 52

Sensitive

A

Order to gather information
If the information requested is personal/ sensitive

Decision Maker: PB4 or above
Approval Level: PB5 or above

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10
Q

Section 53

A

Power to search records

Decision Maker: PB3 or above
Approval Level: PB4 or above

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11
Q

Section 75A

A

Official Warnings

Decision Maker: PB4 or above with legal advice unless agreed by a PB5 Deputy Head
Approval Level: PB5 Deputy Head or above

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12
Q

Section 76(3)(a)

A

Order to suspend trustees

Decision Maker: PB4 or above with legal advice unless agreed by a PB5 Deputy Head
Approval Level: PB5 Deputy Head or above

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13
Q

Section 76(3)(b)

A

Order to appoint trustees

Decision Maker: PB4 or above with legal advice unless agreed by a PB5 Deputy Head
Approval Level: PB4 or above

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14
Q

Section 76(3)(c)

A

Order to vest or transfer property in name of OC

Decision Maker: PB4 or above with legal advice unless agreed by a PB5 Deputy Head
Approval Level: PB5 or above

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15
Q

Section 76(3)(d)

A

Order not to part with property

Decision Maker: PB4 or above with legal advice unless agreed by a PB5 Deputy Head
Approval Level: PB5 or above

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16
Q

Section 76(3)(e)

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A

Order debtor not to make payment

Decision Maker: PB4 or above with legal advice unless agreed by a PB5 Deputy Head
Approval Level: PB5 or above

17
Q

Section 76(3)(f)

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A

Order to restrict transactions

Decision Maker: PB4 or above with legal advice unless agreed by a PB5 Deputy Head
Approval Level: PB5 or above

18
Q

Sections 76(3)(g) &
78

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A

Order to appoint interim manager

Decision Maker: PB4 or above with legal advice
Approval Level: PB5 Deputy Head or above

19
Q

Section 76(6)

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A

Review of s.76 Orders

Decision Maker: PB4 or above
Approval Level: PB5 or above

20
Q

Section 79(2)(b)

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A

Order to establish scheme

Decision Maker: PB4 or above with legal advice unless agreed by a PB5 Deputy Head
Approval Level: PB5 or above

21
Q

Section 79(4)

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A

Order to remove trustees or officers for protective purposes

Decision Maker: PB4 or above with legal advice unless agreed by a PB5 Deputy Head
Approval Level: PB5 Deputy Head or above

22
Q

Section 79A

Study These Flashcards
A

Order to remove disqualified trustee

Decision Maker: PB3 or above with legal advice unless agreed by a
PB5 Deputy Head
Approval Level: PB4 or above

23
Q

Section 80(1)

Study These Flashcards
A

Order to remove trustees

Decision Maker: PB4 or above
Approval Level: PB5 or above

24
Q

Section 80(2)

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A

Order to appoint trustees

Decision Maker: PB4 or above
Approval Level: PB5 or above

25
Section 83
Order to suspend or remove trustees from membership ## Footnote Decision Maker: PB4 or above with legal advice Approval Level: PB5 or above
26
Section 84 No.1
Order to give specific directions for protection of charity 1. Straightforward directions relating to missing accounts, reports and returns ## Footnote Decision Maker: PB3 or above Approval Level: PB4 or above
27
Section 84 No. 2. All other circumstances
Order to give specific directions for protection of charity 2. All other circumstances (other than Straightforward directions relating to missing accounts, reports and returns) ## Footnote Decision Maker: PB4 or above Approval Level: PB5 or above
28
Section 84A
Order to direct specified action not to be taken ## Footnote Decision Maker: PB4 or above with legal advice unless agreed by a PB5 Deputy Head Approval Level: PB5 Deputy Head or above
29
Section 84B
Order to direct winding up ## Footnote Decision Maker: PB4 or above with legal advice Approval Level: PB5 Deputy Head or above
30
Section 85
Order to direct application of property ## Footnote Decision Maker: PB4 or above (with prior legal advice in some circumstances). If the Direction relates to funds PB5 or above, unless relates to funds in personal held in a personal bank account, then prior written legal advice must be taken. The Order can still be signed by a PB4 or above, but authorisation must be by a PB5 Deputy Head or above Approval Level: PB5 or above, unless relates to funds in personal bank account - then PB5 Deputy Head or above
31
Section 111
Determining membership ## Footnote Decision Maker: PB4 or above with legal advice Approval Level: PB5 or above
32
Section 115
Order to authorise charity proceedings ## Footnote Decision Maker: PB4 or above with **written** legal advice Approval Level: PB5 or above
33
Section 181A
Disqualification Orders ## Footnote Decision Maker: PB4 or above with legal advice Approval Level: PB5 Deputy Head or above
34
Section 181B (4)
Order to suspend pending disqualification ## Footnote Decision Maker: PB4 or above with legal advice Approval Level: PB5 Deputy Head or above
35
Section 181B (7)
Decision to discharge or not to discharge suspension order after review ## Footnote Decision Maker: PB4 or above with legal advice unless agreed by a PB5 Deputy Head Approval Level: PB5 Deputy Head or above
36
Section 181D
Decision not to revoke or vary a disqualification order upon application ## Footnote Decision Maker: PB4 or above with legal advice unless agreed by a PB5 Deputy Head Approval Level: PB5 Deputy Head or above
37
Section 335(1)
Order to enforce Commission requirements ## Footnote Decision Maker: PB4 or above with **written** legal advice Approval Level: PB5 or above
38
Section 337(4) & 337(6)
Discharge an Order/ Vary or revoke an Order ## Footnote Decision Maker: By an officer who, under the current authority levels, can now exercise that power Approval Level: Same as decision-maker to vary/ revoke
39
Section 338(1)
Vary or revoke a direction ## Footnote Decision Maker: Same level as original decision maker Approval Level: Same as original approval level

Auth officer powers (2 decks)

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