(1)Any acts done as charity trustee or trustee for a charity [F1 or as officer or employee of a charity ] by a person disqualified from being such a trustee [F2 or from holding that office or employment ] by virtue of section 178 [F3or an order under section 181A] are not invalid merely because of that disqualification.
(2)Subsection (3) applies if the Commission is satisfied that any person—
(a)has acted as charity trustee or trustee for a charity [F4 or as officer or employee of a charity ] while disqualified from being such a trustee [F5 or from holding that office or employment ] by virtue of section 178 [F6or an order under section 181A], and
(b)while so acting, has received from the charity any sums by way of remuneration or expenses, or any benefit in kind, in connection with acting as charity trustee or trustee for the charity [F7 or holding the office or employment ] .
(3)The Commission may by order direct the person—
(a)to repay to the charity the whole or part of any such sums, or
(b)(as the case may be) to pay to the charity the whole or part of the monetary value (as determined by the Commission) of any such benefit.
(4)Subsection (3) does not apply to any sums received by way of remuneration or expenses in respect of any time when the person concerned was not disqualified from being a charity trustee or trustee for the charity.
Textual Amendments
F1Words in s. 184(1) inserted (1.2.2018 for specified purposes, 1.8.2018 in so far as not already in force) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 9(16)(a), 17(4); S.I. 2018/47, regs. 2, 3(a) (with reg. 4)
F2Words in s. 184(1) inserted (1.2.2018 for specified purposes, 1.8.2018 in so far as not already in force) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 9(16)(b), 17(4); S.I. 2018/47, regs. 2, 3(a) (with reg. 4)
F3Words in s. 184(1) inserted (1.10.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 10(4)(a), 17(4); S.I. 2016/815, reg. 3(a)
F4Words in s. 184(2)(a) inserted (1.2.2018 for specified purposes, 1.8.2018 in so far as not already in force) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 9(16)(a), 17(4); S.I. 2018/47, regs. 2, 3(a) (with reg. 4)
F5Words in s. 184(2)(a) inserted (1.2.2018 for specified purposes, 1.8.2018 in so far as not already in force) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 9(16)(b), 17(4); S.I. 2018/47, regs. 2, 3(a) (with reg. 4)
F6Words in s. 184(2)(a) inserted (1.10.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 10(4)(b), 17(4); S.I. 2016/815, reg. 3(a)
F7Words in s. 184(2)(b) inserted (1.2.2018 for specified purposes, 1.8.2018 in so far as not already in force) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 9(17), 17(4); S.I. 2018/47, regs. 2, 3(a) (with reg. 4)