The Regulator for Charities in England and Wales
The Commission is a civil regulator. Its powers of investigation are directed at identifying acts of misconduct and maladministration within charities. Where these activities suggest that criminal offences may have been committed, such activities are referred to the relevant law enforcement agencies for them to consider a criminal investigation and, where appropriate, a criminal prosecution. The Commission works collaboratively with these agencies to the extent its powers permit and any criminal investigation will take precedence over the Commission’s powers of investigation and remedy.
The Commission’s registration of charities and its powers of investigation and remedy extend only to charities established in England and Wales. Where compliance issues arise in relation to charities operating overseas, the Commission’s powers of investigation into the administration of a charity and its powers to act to safeguard charities and their property are effective only within this jurisdiction. Consequently the Commission may formally exercise its powers only against charities, persons, and property within the jurisdiction and not outside of it.
Where it is necessary for the Commission in the course of its compliance work to verify facts about the application of funds overseas, they may ask trustees to undertake an independent professional audit or ask another charity working in the region to verify the way funds have been applied. Alternatively, the Commission might seek the assistance of the overseas regulator in the relevant country or, subject to necessary diplomatic clearances and to security issues, send its own staff to carry out inquiries overseas. In this way it can safeguard the application of funds overseas and where appropriate, hold trustees to account.
Charity Commission
November 2006