{
  "url": "https://openlegislation.uk/draft-charities-northern-ireland-order-2007/article-92",
  "json_url": "https://openlegislation.uk/draft-charities-northern-ireland-order-2007/article-92.json",
  "legislation": "ukdsi/2007/9780110800677",
  "legislation_title": "The Charities (Northern Ireland) Order 2007",
  "legislation_url": "https://openlegislation.uk/draft-charities-northern-ireland-order-2007",
  "path": "article/92",
  "kind": "article",
  "number": "92",
  "heading": "Supplementary provisions for purposes of Article 91",
  "text": "(1) Before entering into an agreement within Article 91(3) the charity trustees must have regard to any guidance given by the Commission concerning the making of such agreements.\n(2) The duty of care in section 1(1) of the Trustee Act (Northern Ireland) 2001 (c. 14) applies to a charity trustee when making such a decision as is mentioned in Article 91(4).\n(3) For the purposes of Article 91(5) an agreement within Article 91(3) is in force so long as any obligations under the agreement have not been fully discharged by a party to it.\n(4) In Article 91—\n“benefit” means a direct or indirect benefit of any nature;\n“maximum amount”, in relation to remuneration, means the maximum amount of the remuneration whether specified in or ascertainable under the terms of the agreement in question;\n“remuneration” includes any benefit in kind (and “amount” accordingly includes monetary value);\n“services”, in the context of remuneration for services, includes goods that are supplied in connection with the provision of services.\n(5) For the purposes of Article 91 the following persons are “connected” with a charity trustee or trustee for a charity—\n(a) a child, parent, grandchild, grandparent, brother or sister of the trustee;\n(b) the spouse or civil partner of the trustee or of any person falling within sub-paragraph (a);\n(c) a person carrying on business in partnership with the trustee or with any person falling within sub-paragraph (a) or (b);\n(d) an institution which is controlled—\n(i) by the trustee or by any person falling within sub-paragraph (a), (b) or (c), or\n(ii) by two or more persons falling within paragraph (i) when taken together;\n(e) a body corporate in which—\n(i) the trustee or any connected person falling within any of sub-paragraphs (a) to (c) has a substantial interest, or\n(ii) two or more persons falling within paragraph (i), when taken together, have a substantial interest.\n(6) Paragraphs 2 to 4 of Schedule 5 apply for the purposes of paragraph (5) as they apply for the purposes of provisions of that Schedule.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2007/9780110800677/article/92",
    "retrieved_at": "2026-10-30T15:17:23.710359+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}