OpenLegislation

Section 110 Power to give advice

(1)

The Commission may, on the written application of any charity trustee or trustee for a charity, give the applicant its opinion or advice in relation to any matter—

(a)

relating to the performance of any duties of the applicant, as such a trustee, in relation to the charity concerned, or

(b)

otherwise relating to the proper administration of the charity.

(2)

A person (“P”) who—

(a)

is a charity trustee or trustee for a charity, and

(b)

acts in accordance with any opinion or advice given by the Commission under subsection (1) (whether to P or another trustee),

is to be treated, as regards P's responsibility for so acting, as having acted in accordance with P's trust.

(3)

But subsection (2) does not apply to P if, when so acting—

(a)

P knows or has reasonable cause to suspect that the opinion or advice was given in ignorance of material facts, or

(b)

a decision of the court or the Tribunal has been obtained on the matter or proceedings are pending to obtain one.