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Oversight and Enforcement Information

Part V ENFORCEMENT of The Charities etc. (Guernsey and Alderney) Ordinance, 2021, sets out the various sanction provisions that can be applied for failing to comply with legal requirements.

Failure to be registered

Where a relevant entity fails, without reasonable excuse, to be registered on the Register -
(a) the relevant entity is -

(i) guilty of an offence, and
(ii) liable to a civil penalty, and

(b) any person who owns, directs or controls the activities of the relevant entity including any of its directors, officers or trustees, is liable to a civil penalty.

Failure to submit annual validation

Where a registered organisation fails, without reasonable excuse, to submit an annual validation as required -

(a) the registered organisation is -

(i) liable to a civil penalty, and
(ii) liable to be struck off the register, and

(b) any person who owns, directs or controls the activities of the registered organisation including any of its directors, officers or trustees, is liable to a civil penalty.

Failure to comply with duties

(1) Where a registered organisation fails, without reasonable excuse, to comply with any of the duties applicable to it -

(a) the registered organisation is -

(i) guilty of an offence, and
(ii) liable to a civil penalty, and

(b) any person who owns, directs or controls the activities of the registered organisation including any of its directors, officers or trustees, is liable to a civil penalty.

(2) A person who without reasonable excuse fails to comply wit the obligation to report a criminal conviction is guilty of an offence and is liable to a civil penalty.

Failure to provide information etc. and tipping off

Any person who, without reasonable excuse, obstructs or fails to comply with a request or requirement of a person exercising or purporting to exercise any power conferred under Schedule 3 of the ordinance is guilty of an offence and liable to a civil penalty.

Provision of false or misleading information

If a person -

(i) makes a statement which the person knows or has reasonable cause to believe is false, deceptive or misleading in a material particular,
(ii) dishonestly or otherwise, recklessly makes a statement which is false, deceptive or misleading in a material particular,
(iii) produces or furnishes or causes or permits to be produced or furnished any information which the person knows or has reasonable cause to believe t be false, deceptive or misleading in a material particular, or
(iv) dishonestly or otherwise, recklessly produces or furnishes or recklessly causes or permits to be produced or furnished any information which is false, deceptive or misleading in a material particular,

that person is guilty of an offence and liable to a civil penalty.

Criminal Penalties

A person guilty of an offence under the Ordinance is liable -

(a) on summary conviction , to a fine not exceeding level 5 on the uniform scale, to imprisonment for a term not exceeding 6 months, or both, and

(b) on conviction of indictment, to a fine, to imprisonment for a term not exceeding 2 years, to to both.

Civil Penalties

Where the Registrar is satisfied that any relevant entity or other person is liable to a civil penalty under the Ordinance, the Registrar may impose on that relevant entity or other person a financial penalty in respect of the conduct that gave rise to the liability to a civil penalty of such amount as considered appropriate and proportionate by the Registrar, but not exceeding £20,000, or such other amount as the States may prescribe by Ordinance. Any financial penalty imposed under this section is payable to the States and is recoverable as a civil debt.

Private Reprimands

Where the Registrar considers that, having regard to the conduct of a registered organisation or a person who owns, controls or directs the activities of a registered organisation, it is appropriate to do so, the Registrar may issue a private reprimand to the registered organisation.

Public Statements

Where in the opinion of the Registrar a relevant entity or a person who owns, controls or directs the activities of a relevant entity has contravened in a material particular -

(a) a provision of the Ordinance, or

(b) any prohibition, restriction, condition, obligation, enforcement requirement, other requirement, duty, direction or arrangement imposed under the Ordinance,

the Registrar may publish, in such manner and for such period as may be determined by the Registrar, a statement to that effect.

Disqualification Orders

Where the Registrar considers that a person who owns, controls or directs the activities of a relevant entity has contravened in a material particular -

(a) a provision of the Ordinance, or

(b) any prohibition, restriction, condition, obligation, enforcement requirement, other requirement, duty, direction or arrangement imposed, issued or arising under any such provision,

the Registrar may make and subsequently renew, on one or more occasions, an order ( a "disqualification order") disqualifying that person from owning, controlling or directing the activities of a registered organisation.

A person who performs or agrees to perform any function in contravention of a disqualification order is guilty of an offence and liable to a civil penalty.

Strike Off

The Registrar may strike a registered organisation off the Register at any time if -

(a) the Registrar has reason to believe that any of the matters that would justify refusing an application for registration apply in relation to the registered organisation,

(b) the registered organisation fails to submit an annual validation with the period specified,

(d) a person is found guilty of an offence under section 25 (Provision of false or misleading information) in respect of statements made or information produced or furnished for or on behalf of the registered organisation,

(e) the registered organisation fails to pay any fee imposed under section 46 of the Ordinance,

(f) there has been a failure by a registered organisation or any person who owns, directs, or controls the activities of a registered organisation, including a director, officer or trustee, to comply with the obligation to pay any administrative penalty or civil penalty imposed under the Ordinance, or

(g) the registered organisation fails to comply with any other duty imposed under the Ordinance.

Administrative Penalties

The Registrar may impose the administrative penalties specified in the table below, which shall be payable to the Registrar by a relevant entity upon or in relation to the event, circumstance or matter as specified in the table below. Where a penalty refers to a period of a month or more, the amount of the fine shall be cumulative and is payable in respect of each month between the date by which the relevant entity should has submitted an annual validation, filed annual statement or responded to the request for information and the date when in it fact did so. (Month includes part of a month).

Any administrative penalty imposed is recoverable as a civil debt.

**Penalties Table**
Event, circumstance or matter	Penalty
Failure to register in accordance with section 10	£2,000
Failure to submit annual validation in accordance with section 12	£250 per calendar month
Failure to file annual financial statements in accordance with section 16	£250 per calendar month
Failure to respond to request for information made under paragraph 3 of Schedule 2	£250 per calendar month