As currently drafted, new Section 31A would allow the Commission to obtain a warrant to enter the homes of trustees, charity staff and volunteers. This is wholly inappropriate. Charities depend on voluntary participation and the risk of having one’s home invaded may well deter otherwise public-spirited individuals from taking on charitable commitments. Amendment 131 seeks to address this, by specifying that the power to enter premises can only be exercised in relation to a charity’s place of business, not the homes of individuals involved in the charity concerned.

The Charity Law Association recognises that, depending on the interpretation of “at which the charity … carries on its business”, this amendment may or may not protect trustees of small charities that do not have dedicated business premises. It is intended to protect them.