Section 183 Criminal consequences of acting while disqualified

England and Wales

(1)

Subject to subsection (2), it is an offence for any person to act as a charity trustee or trustee for a charity F1 or to hold an office or employment while disqualified from being such a trustee F2 or from holding that office or employment by virtue of section 178 F3or an order under section 181A.

(2)

Subsection (1) does not apply if—

(a)

the charity concerned is a company F4or a CIO, and

(b)

the disqualified person is disqualified by virtue only of Case B F5, F or GF6 in section 178.

(3)

A person guilty of an offence under subsection (1) is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding F7the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum, or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.

Annotations

Textual amendments

F1: Words in s. 183(1) inserted (1.2.2018 for specified purposes, 1.8.2018 in so far as not already in force) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 9(14)(a), 17(4); S.I. 2018/47, regs. 2, 3(a) (with reg. 4)
F2: Words in s. 183(1) inserted (1.2.2018 for specified purposes, 1.8.2018 in so far as not already in force) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 9(14)(b), 17(4); S.I. 2018/47, regs. 2, 3(a) (with reg. 4)
F3: Words in s. 183(1) inserted (1.10.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 10(3)(a), 17(4); S.I. 2016/815, reg. 3(a)
F4: Words in s. 183(2)(a) inserted (2.1.2013) by The Charitable Incorporated Organisations (Consequential Amendments) Order 2012 (S.I. 2012/3014), arts. 1, 7
F5: Words in s. 183(2)(b) substituted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 62(5) (with art. 5)
F6: Words in s. 183(2)(b) inserted (1.10.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 10(3)(b), 17(4); S.I. 2016/815, reg. 3(a)
F7: Words in s. 183(3)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1