Charities Act 2011

181Power to waive disqualificationE+W

(1)This section applies where a person (“P') is disqualified under section 178(1).

(2)The Commission may, if P makes an application under this subsection, waive P's disqualification—

(a)generally, or

(b)in relation to a particular charity or a particular class of charities.

(3)If—

(a)P is disqualified under Case D or E and makes an application under subsection (2) 5 years or more after the date on which the disqualification took effect, and

(b)the Commission is not prevented from granting the application by subsection (5),

the Commission must grant the application unless satisfied that, because of any special circumstances, it should be refused.

(4)Any waiver under subsection (2) must be notified in writing to P.

(5)No waiver may be granted under subsection (2) in relation to any charitable company [F1or CIO] if—

(a)P is for the time being prohibited from acting as director of the company [F2or charity trustee of the CIO (as the case may be)], by virtue of—

(i)a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986, or

(ii)a provision of the 1986 Act mentioned in subsection (6), and

(b)leave has not been granted for P to act as [F3director of any company or charity trustee of any CIO].

(6)The provisions of the 1986 Act are—

  • section 11(1) (undischarged bankrupts);

  • section 12(2) (failure to pay under county court administration order);

  • section 12A (Northern Irish disqualification orders);

  • section 12B (Northern Irish disqualification undertakings).

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