OpenLegislation

Section 21 Advice etc from charity trustees, officers and employeesI1I2

England and Wales

(1)

The Charities Act 2011 is amended as follows.

(2)

After section 128 insert—

Advice etc from charity trustees, officers and employees

Advice etc from charity trustees, officers and employees

128A
(1)

Subsection (2) applies to—

(a)

a report by a designated adviser for the purposes of section 119(1)(a),

(b)

advice on a proposed disposition for the purposes of section 120(2)(a),

(c)

proper advice in connection with a mortgage of land for the purposes of section 124(2), and

(d)

proper advice in connection with a mortgage of land for the purposes of section 124(7).

(2)

For the purposes of the provisions mentioned in subsection (1), it does not matter if the report or the advice (as the case may be) is provided—

(a)

by a charity trustee or an officer or employee of the charity or of the charity trustees, or

(b)

in the course of a person’s employment as an officer or an employee of the charity or of the charity trustees.

(3)

In section 124 (restrictions on mortgages), in subsection (8), omit from “and such advice” to the end.

Annotations

Commencement

I1

S. 21 not in force at Royal Assent, see s. 41(4)

I2

S. 21 in force at 14.6.2023 by S.I. 2023/643, Sch. para. 10