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Charities Act 2006

Commentary on Sections

Section 35: Waiver of trustee’s disqualification

150.Currently a person that has been disqualified from being a charity trustee by virtue of section 72(1)(a) to (f) of the Charities Act 1993 may apply to the Charity Commission to waive his disqualification either generally or in relation to a particular charity or class of charity. Paragraphs (a) and (b) of section 72(4) prohibit a waiver from being granted in relation to a charity which is a company on specified grounds.

151.Section 35 provides for new subsection (4A) to be inserted into section 72 of the 1993 Act. Under new subsection (4A) the Charity Commission must grant an application for a waiver from disqualification from a person who has been disqualified by virtue of section 72(1)(d) or (e) for more than 5 years unless it is satisfied that there are special circumstances for not granting the waiver. However, that would not apply where the Charity Commission was prohibited from granting the waiver under subsection (4)(a) and (b).

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