Charities Act 2009

Administrative cooperation on regulatory matters.

33.— (1) The Authority shall, in so far as is consistent with the proper performance of its functions, endeavour to secure administrative cooperation between it and relevant regulators, and for that purpose, the Authority may enter into one or more arrangements (whether in the form of a memorandum of understanding or otherwise) with relevant regulators for the purposes of—

(a) facilitating administrative cooperation between the Authority and the relevant regulators in the performance of their respective functions in so far as they relate to the regulation of charitable organisations or charitable trusts,

(b) avoiding duplication of activities by the Authority and any relevant regulator, or

(c) ensuring, as far as practicable, consistency between decisions made or measures taken by the Authority and relevant regulators in so far as any part of those decisions or measures consists of or relates to a determination of any matters concerning the regulation of charitable organisations or charitable trusts.

(2) An arrangement under this section shall not operate to bind the Authority or a relevant regulator.

(3) The Minister and any relevant Minister in relation to a relevant regulator concerned shall each be furnished by one of the parties concerned with a copy of an arrangement under this section and any variation thereof.

(4) The parties to an arrangement under this section may vary the terms of the arrangement.

(5) An arrangement under this section shall not operate to require the Authority to provide information to any relevant regulator if the disclosure of that information by the Authority is prohibited by law.

(6) In this section—

“ relevant Minister ” means, in relation to a relevant regulator, the Minister of the Government who performs functions in connection with that relevant regulator;

“ relevant regulator ” means—

(a) a body, or holder of an office, in whom functions are vested relating to the regulation of activities or persons for purposes other than the purposes of this Act (where the body or office is established by or under an enactment and is prescribed by order of the Minister), or

(b) a body, or holder of an office, in whom functions are vested under the law of a state (other than the State) relating to the regulation of activities or persons in that state for any purpose (where the body or office is prescribed by order of the Minister).