Section 184 Civil consequences of acting while disqualified

England and Wales

(1)

Any acts done as charity trustee or trustee for a charity F1 or as officer or employee of a charity by a person 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 are not invalid merely because of that disqualification.

(2)

Subsection (3) applies if the Commission is satisfied that any person—

(a)

has acted as charity trustee or trustee for a charity F4 or as officer or employee of a charity while disqualified from being such a trustee F5 or from holding that office or employment by virtue of section 178 F6or an order under section 181A, and

(b)

while so acting, has received from the charity any sums by way of remuneration or expenses, or any benefit in kind, in connection with acting as charity trustee or trustee for the charity F7 or holding the office or employment .

(3)

The Commission may by order direct the person—

(a)

to repay to the charity the whole or part of any such sums, or

(b)

(as the case may be) to pay to the charity the whole or part of the monetary value (as determined by the Commission) of any such benefit.

(4)

Subsection (3) does not apply to any sums received by way of remuneration or expenses in respect of any time when the person concerned was not disqualified from being a charity trustee or trustee for the charity.

Annotations

Textual amendments

F1: Words in s. 184(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(16)(a), 17(4); S.I. 2018/47, regs. 2, 3(a) (with reg. 4)
F2: Words in s. 184(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(16)(b), 17(4); S.I. 2018/47, regs. 2, 3(a) (with reg. 4)
F3: Words in s. 184(1) inserted (1.10.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 10(4)(a), 17(4); S.I. 2016/815, reg. 3(a)
F4: Words in s. 184(2)(a) 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(16)(a), 17(4); S.I. 2018/47, regs. 2, 3(a) (with reg. 4)
F5: Words in s. 184(2)(a) 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(16)(b), 17(4); S.I. 2018/47, regs. 2, 3(a) (with reg. 4)
F6: Words in s. 184(2)(a) inserted (1.10.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 10(4)(b), 17(4); S.I. 2016/815, reg. 3(a)
F7: Words in s. 184(2)(b) 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(17), 17(4); S.I. 2018/47, regs. 2, 3(a) (with reg. 4)