Regulation 40 Power of court or Commission to order meetingI1

England and Wales

(1)

This regulation applies if for any reason it is impracticable—

(a)

to call a meeting of the CIO in any manner in which meetings of that CIO may be called; or

(b)

to conduct the meeting in the manner prescribed by the CIO’s constitution.

(2)

The court or the Commission may order a meeting to be called, held and conducted in any such manner as the court or the Commission, as the case may be, thinks fit.

(3)

Where the court or the Commission makes an order under paragraph (2), the court or the Commission, as the case may be, may give such ancillary or consequential directions as it thinks expedient.

(4)

Directions under paragraph (3) may include a direction that one member of the CIO present at the meeting be treated as constituting a quorum.

(5)

The power in paragraph (2) is exercisable by the court or the Commission—

(a)

of its own motion; or

(b)

on the application of a charity trustee of the CIO; or

(c)

on the application of a member of the CIO who—

(i)

would be entitled to vote at the meeting; or

(ii)

where the constitution permits the members to make decisions otherwise than by voting, would be entitled to take part in decisions made at the meeting.

(6)

A meeting called, held and conducted in accordance with an order made under this regulation is treated for all purposes as being a meeting of the CIO duly called, held and conducted.

Annotations

Commencement

I1: Reg. 40 in force at 2.1.2013, see reg. 1