Charities Act 2009

Offence for unregistered charitable organisation to carry on activities in State.

41.— (1) Any person who—

(a) advertises on behalf of, or causes another person to advertise on behalf of, a charitable organisation that is not registered or deemed to be registered,

(b) invites, or causes another person to invite, members of the public to give money or property to a charitable organisation that is not registered or deemed to be registered, or

(c) accepts, or causes another person to accept, a gift of money or other property on behalf of a charitable organisation that is not registered or deemed to be registered,

shall be guilty of an offence.

(2) A charitable organisation that is a body corporate and is not registered or deemed to be registered shall be guilty of an offence if it—

(a) advertises, or causes another person to advertise on its behalf,

(b) invites, or causes another person to invite, members of the public to give money or other property to it, or

(c) accepts, or causes another person to accept, a gift of money or property on its behalf.

(3) This section shall not apply in respect of a charitable organisation to which subsection (4) of section 39 applies—

(a) during the period referred to in that subsection, or

(b) where the organisation has made an application under that subsection, during that period and any further period beginning on the expiration of the first-mentioned period and ending when the Authority notifies the charity trustees in writing of its decision in relation to the application referred to in that subsection.

(4) The charity trustees of a charitable organisation in respect of which there is a contravention of this section shall each be guilty of an offence.