Article 93 Disqualification of trustee receiving remuneration under Article 91
This Article applies to any charity trustee or trustee for a charity—
who is or would be entitled to remuneration under an agreement or proposed agreement within Article 91(3), or
who is connected with a person who is or would be so entitled.
The charity trustee or trustee for a charity is disqualified from acting as such in relation to any decision or other matter connected with the agreement.
But any act done by such a person which he is disqualified from doing by virtue of paragraph (2) shall not be invalid by reason only of that disqualification.
Where the Commission is satisfied—
that a person (“the disqualified trustee”) has done any act which he was disqualified from doing by virtue of paragraph (2), and
that the disqualified trustee or a person connected with him has received or is to receive from the charity any remuneration under the agreement in question,
it may make an order under paragraph (5) or (6) (as appropriate).
An order under this paragraph is one requiring the disqualified trustee—
to reimburse to the charity the whole or part of the remuneration received as mentioned in paragraph (4)(b);
to the extent that the remuneration consists of a benefit in kind, to reimburse to the charity the whole or part of the monetary value (as determined by the Commission) of the benefit in kind.
An order under this paragraph is one directing that the disqualified trustee or (as the case may be) connected person is not to be paid the whole or part of the remuneration mentioned in paragraph (4)(b).
If the Commission makes an order under paragraph (5) or (6), the disqualified trustee or (as the case may be) connected person accordingly ceases to have any entitlement under the agreement to so much of the remuneration (or its monetary value) as the order requires him to reimburse to the charity or (as the case may be) as it directs is not to be paid to him.
Paragraphs (4) to (6) of Article 92 apply for the purposes of this Article as they apply for the purposes of Article 91.