Commentary on provisions of Act Monitoring and enforcement Section 34: Notification of Charity Commission of exercise of enforcement powers
Section 34 amends the HRA 2008 to introduce a requirement for the regulator to inform the Charity Commission when it exercises certain enforcement powers in relation to registered charities. The section amends the sections listed below to add provisions requiring such notification when the following powers are exercised:
Placing a restriction on the charity’s financial dealings during an inquiry or following an inquiry (sections 256 and 257);
Removing an officer where they are unfit to fulfil their position (e.g. being made bankrupt, being absent from duties, suffering from mental illness which affects their ability to carry out their role, etc) (section 267);  and
Appointing a new officer (section 269). (This requirement replaces the previous requirement to consult the Charity Commission with regard to such an appointment.)
	These amendments ensure the Charity Commission is fully informed about the activities of the regulator relating to registered charities who are also registered providers. The amendment to section 269 allows the regulator to act more quickly in urgent circumstances where a registered charity fails to meet a consumer standard.