Charities Act 2006 (c. 50)

Part 2 Regulation of charities

Chapter 5 Assistance and supervision of charities by court and Commission

Suspension or removal of trustees etc. from membership

19 Power to suspend or remove trustees etc. from membership of charity

After section 18 of the 1993 Act insert—

“18A Power to suspend or remove trustees etc. from membership of charity

(1) This section applies where the Commission makes—

(a) an order under section 18(1) above suspending from his office or employment any trustee, charity trustee, officer, agent or employee of a charity, or

(b) an order under section 18(2) above removing from his office or employment any officer, agent or employee of a charity,

and the trustee, charity trustee, officer, agent or employee (as the case may be) is a member of the charity.

(2) If the order suspends the person in question from his office or employment, the Commission may also make an order suspending his membership of the charity for the period for which he is suspended from his office or employment.

(3) If the order removes the person in question from his office or employment, the Commission may also make an order—

(a) terminating his membership of the charity, and

(b) prohibiting him from resuming his membership of the charity without the Commission’s consent.

(4) If an application for the Commission’s consent under subsection (3)(b) above is made five years or more after the order was made, the Commission must grant the application unless satisfied that, by reason of any special circumstances, it should be refused.”