Charities Act 2006

142E+WFor section 49 (offences) substitute—

“49Offences

(1)If any requirement imposed—

(a)by section 45(3) or (3A) above (taken with section 45(3B), (4) and (5), as applicable), or

(b)by section 47(2) or 48(2) above,

is not complied with, each person who immediately before the date for compliance specified in the section in question was a charity trustee of the charity shall be guilty of an offence and liable on summary conviction to the penalty mentioned in subsection (2).

(2)The penalty is—

(a)a fine not exceeding level 4 on the standard scale, and

(b)for continued contravention, a daily default fine not exceeding 10% of level 4 on the standard scale for so long as the person in question remains a charity trustee of the charity.

(3)It is a defence for a person charged with an offence under subsection (1) to prove that he took all reasonable steps for securing that the requirement in question would be complied with in time.”