Paragraph 15 Persons acting as charity trustee of or trustee for a formerly exempt charity while disqualifiedI1

England and Wales

(1)

The Commission may not make any order under section 73(4) of the 1993 Act which would require a person (“P”) to—

(a)

repay to a formerly exempt charity the whole or part of any relevant sums received by P by way of remuneration or expenses; or

(b)

pay to that charity the whole or part of the monetary value of any relevant benefit in kind received by P.

(2)

For the purposes of this paragraph—

(a)

a sum by way of remuneration or expenses or a benefit in kind received by P is a relevant sum or benefit in kind if it is received by P in connection with P’s acting as charity trustee of or trustee for the formerly exempt charity at any time—

(i)

before the appointed day; and

(ii)

when P was disqualified by section 72 of the 1993 Act for acting as such a trustee;

(b)

it does not matter whether—

(i)

the sums received by P by way of remuneration or expenses are; or

(ii)

the benefit in kind received by P is,

received by P before, on or after the appointed day.

Annotations

Commencement

I1: Sch. 2 para. 15 in force at 1.6.2010, see art. 1