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Charities Act (Northern Ireland) 2008

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This is the original version (as it was originally enacted).

Disqualification of trustee receiving remuneration under section 88

This section has no associated Explanatory Notes

90.—(1) This section applies to any charity trustee or trustee for a charity—

(a)who is or would be entitled to remuneration under an agreement or proposed agreement within section 88(3), or

(b)who is connected with a person who is or would be so entitled.

(2) 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.

(3) But any act done by a person who is disqualified from doing it by virtue of subsection (2) shall not be invalid by reason only of that disqualification.

(4) Where the Commission is satisfied—

(a)that a person (“the disqualified trustee”) who was disqualified from doing any act by virtue of subsection (2) has done that act, and

(b)that the disqualified trustee or a person connected with the disqualified trustee has received or is to receive from the charity any remuneration under the agreement in question,

it may make an order under subsection (5) or (6) (as appropriate).

(5) An order under this subsection is one requiring the disqualified trustee—

(a)to reimburse to the charity the whole or part of the remuneration received as mentioned in subsection (4)(b);

(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.

(6) An order under this subsection 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 subsection (4)(b).

(7) If the Commission makes an order under subsection (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 to be reimbursed to the charity or (as the case may be) as it directs is not to be paid to the disqualified trustee or connected person.

(8) Subsections (4) to (6) of section 89 apply for the purposes of this section as they apply for the purposes of section 88.

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