Charities and Trustee Investment (Scotland) Act 2005

70 Disqualification: supplementary S

(1) A person who acts as a charity trustee while disqualified by virtue of section 69 is guilty of an offence and liable—

(a) on summary conviction, to imprisonment for a period not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both,

(b) on conviction on indictment, to imprisonment for a period not exceeding 2 years or a fine or both.

(2) Any acts done as a charity trustee by a person disqualified by virtue of section 69 from being a charity trustee are not invalid by reason only of the disqualification.

(3) In section 69(2)(b), “undischarged bankrupt” means a person—

(a) whose estate has been sequestrated, who has been adjudged bankrupt or who has granted a trust deed for or entered into an arrangement with creditors, and

(b) who has not been discharged under or by virtue of—

(i) section 54[F1 , 54A, 54C] or 75(4) of the Bankruptcy (Scotland) Act 1985 (c. 66),

(ii) an order under paragraph 11 of Schedule 4 to that Act,

(iii) section 279 or 280 of the Insolvency Act 1986 (c. 45), or

(iv) any other enactment or rule of law subsisting at the time of the person's discharge.

Textual Amendments

F1 Words in s. 70(3)(b)(i) inserted (1.4.2015) by The Bankruptcy and Debt Advice (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.S.I. 2014/293), art. 1, Sch. para. 3 (with art. 3(2))

Commencement Information

I1 S. 70 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1