Search Legislation

Charities (Protection and Social Investment) Act 2016

What Version

 Help about what version

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally enacted).

4Power to remove trustees etc following an inquiry

This section has no associated Explanatory Notes

(1)The Charities Act 2011 is amended as follows.

(2)For section 79 (Commission’s power to remove trustees etc following an inquiry) substitute—

79Removal of trustee or officer etc for protective etc purposes

(1)Subsection (2) applies where, at any time after it has instituted an inquiry under section 46 with respect to any charity, the Commission is satisfied either as mentioned in section 76(1)(a) (misconduct or mismanagement) or as mentioned in section 76(1)(b) (need to protect property etc).

(2)The Commission may of its own motion by order establish a scheme for the administration of the charity.

(3)Subsection (4) applies where, at any time after it has instituted an inquiry under section 46 with respect to any charity, the Commission is satisfied both as mentioned in section 76(1)(a) (misconduct or mismanagement) and as mentioned in section 76(1)(b) (need to protect property etc).

(4)Whether or not it acts under subsection (2), the Commission may of its own motion by order remove any trustee, charity trustee, officer, agent or employee of the charity—

(a)who has been responsible for the misconduct or mismanagement,

(b)who knew of the misconduct or mismanagement and failed to take any reasonable step to oppose it, or

(c)whose conduct contributed to it or facilitated it.

(5)Where the Commission has given notice under section 82 of its intention to make an order under subsection (4) removing a person from an office or employment, the Commission may proceed to make the order even though the person has ceased to hold the office or employment.

(6)Where an order is made relying on subsection (5)

(a)section 81(1) (power to make supplementary provision) and Case D in section 178(1) (disqualification) apply as if the person was removed by the order, but

(b)the order does not affect the time when the person ceased to hold the office or employment.

(3)In section 83(3) (power to suspend or remove trustees etc from membership of charity)—

(a)for “79(2)” substitute “79(4)”;

(b)for “an officer,” substitute “a trustee, charity trustee, officer,”.

(4)In section 87(1) (supervision by Commission of certain Scottish charities), for “79(2)(b)” substitute “79(1) and (2)”.

(5)In section 178(1) (automatic disqualification of charity trustees), in Case D for “79(2)(a)” substitute “79(4)”.

(6)In Schedule 6 (appeals to tribunals), in the entry relating to an order made by the Commission under section 79(2) in relation to a charity—

(a)in column 1, after “79(2)” insert “or (4)”;

(b)in column 2, for “79(2)(a)” substitute “79(4)”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources