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Charities Act 2011

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This is the original version (as it was originally enacted).

110Power to give advice

(1)The Commission may, on the written application of any charity trustee or trustee for a charity, give the applicant its opinion or advice in relation to any matter—

(a)relating to the performance of any duties of the applicant, as such a trustee, in relation to the charity concerned, or

(b)otherwise relating to the proper administration of the charity.

(2)A person (“P”) who—

(a)is a charity trustee or trustee for a charity, and

(b)acts in accordance with any opinion or advice given by the Commission under subsection (1) (whether to P or another trustee),

is to be treated, as regards P’s responsibility for so acting, as having acted in accordance with P’s trust.

(3)But subsection (2) does not apply to P if, when so acting—

(a)P knows or has reasonable cause to suspect that the opinion or advice was given in ignorance of material facts, or

(b)a decision of the court or the Tribunal has been obtained on the matter or proceedings are pending to obtain one.

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