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Auth officer powers > Investigations and Inquiries > Flashcards

Investigations and Inquiries Flashcards

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)

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)

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

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)

A

Review of s.76 Orders

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

20
Q

Section 79(2)(b)

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)

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

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)

A

Order to remove trustees

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

24
Q

Section 80(2)

A

Order to appoint trustees

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

25
Q

Section 83

A

Order to suspend or remove trustees from membership

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

26
Q

Section 84
No.1

A

Order to give specific directions for protection of charity
1. Straightforward directions relating to missing accounts, reports and returns

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

27
Q

Section 84
No. 2. All other circumstances

A

Order to give specific directions for protection of charity
2. All other circumstances (other than Straightforward directions relating to missing accounts, reports and returns)

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

28
Q

Section 84A

A

Order to direct specified action not to be taken

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

29
Q

Section 84B

A

Order to direct winding up

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

30
Q

Section 85

A

Order to direct application of property

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
Q

Section 111

A

Determining membership

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

32
Q

Section 115

A

Order to authorise charity proceedings

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

33
Q

Section 181A

A

Disqualification Orders

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

34
Q

Section 181B (4)

A

Order to suspend pending disqualification

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

35
Q

Section 181B (7)

A

Decision to discharge or not to discharge suspension order after review

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

36
Q

Section 181D

A

Decision not to revoke or vary a disqualification order upon application

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

37
Q

Section 335(1)

A

Order to enforce Commission requirements

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

38
Q

Section 337(4) &
337(6)

A

Discharge an Order/ Vary or revoke an Order

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
Q

Section 338(1)

A

Vary or revoke a direction

Decision Maker: Same level as original decision maker
Approval Level: Same as original approval level

Auth officer powers (2 decks)

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