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The Charities (Receiver and Manager) Regulations 1992

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Charities (Receiver and Manager) Regulations 1992 and shall come into force on 1st November 1992.

(2) In these Regulations—

“the 1960 Act” means the Charities Act 1960;

“the appointed person” means a person appointed by order under section 20(1)(vii) of the 1960 Act(1) to be receiver and manager in respect of the property and affairs of a charity;

“the relevant charity” means the charity in respect of which that person was appointed; and

“the relevant order” means the order by which that person was appointed.

Security by appointed person

2.  The Commissioners(2) are hereby authorised to require the appointed person to give security to them for the due discharge of his functions within such time and in such form as they may specify.

Remuneration of appointed person

3.—(1) The Commissioners are hereby authorised to determine the amount of an appointed person’s remuneration.

(2) The remuneration of an appointed person shall be payable out of the income of the relevant charity.

(3) The Commissioners are hereby authorised to disallow any amount of remuneration of an appointed person where, on the expiry of the time specified in the notice referred to in regulation 4(2) below and after consideration of such representations, if any, as are duly made in response to such a notice, they are satisfied that he has failed in such manner as is set out in paragraph (a) or (b) of regulation 4(1) below and specified in such a notice.

Notice of failure to, and removal of, appointed person

4.—(1) Where it appears to the Commissioners that an appointed person has failed—

(a)to give security within such time or in such form as they have specified, or

(b)satisfactorily to discharge any function imposed on him by or by virtue of the relevant order or by regulation 5 below,

and they wish to consider exercising their powers under regulation 3(3) above or paragraph (3) below, they shall give him, whether in person or by post, a written notice complying with paragraph (2) below.

(2) A notice given to an appointed person under paragraph (1) above shall inform him of—

(a)any failure under paragraph (1)(a) or (b) above in respect of which the notice is issued;

(b)of the Commissioners' power under regulation 3(3) above to authorise the disallowance of any amount of remuneration if satisfied as to any such failure;

(c)of their power under paragraph (3) below to remove him if satisfied as to any such failure; and

(d)of his right to make representations to them in respect of any such alleged failure within such reasonable time as is specified in the notice.

(3) On the expiry of the time specified in the notice referred to in paragraph (2) above and after consideration of such representations, if any, as are duly made in response to such a notice, the Commissioners may remove an appointed person where they are satisfied that he has failed in such manner as is set out in paragraph (1)(a) or (b) above and specified in such notice (whether or not they also exercise the power conferred by regulation 3(3) above).

Reports by appointed person

5.—(1) This regulation makes provision in respect of the reports which are to be made by an appointed person to the Commissioners (and which, in addition to the matters which are required to be included by virtue of paragraphs (2) to (4) below, may also include particulars of any matter which, in his opinion, should be brought to their attention).

(2) An appointed person shall make a report to the Commissioners not later than three months after the date of his appointment setting out—

(a)an estimate by him of the total value of the property of the relevant charity on, or shortly after, the date of his appointment;

(b)such information about the property and affairs of the relevant charity immediately prior to his appointment as he believes should be included in the report, notwithstanding that it may also be eventually included in a report under section 6 of the 1960 Act(3); and

(c)his strategy for discharging the functions conferred on him by or by virtue of the relevant order.

(3) For as long as an appointed person holds office as such, he shall make a report to the Commissioners not later than one month after each anniversary of his appointment setting out—

(a)an estimate by him of the total value of the property of the relevant charity on that anniversary of his appointment in respect of which the report is required to be made;

(b)a summary of the discharge by him of the functions conferred on him by or by virtue of the relevant order during the twelve months ending with that anniversary; and

(c)where there are changes to his strategy as last set out in a report in accordance with paragraph (2)(c) above or, as the case may be, this sub-paragraph, those changes.

(4) Subject to paragraph (5) below, an appointed person shall make a report to the Commissioners not later than three months after the date when he ceased to hold office as such setting out—

(a)an estimate by him of the total value of the property of the relevant charity on that date; and

(b)a summary of the discharge by him of the functions conferred on him by or by virtue of the relevant order during the period ending with that date and beginning with either—

(i)the date of his appointment; or

(ii)if that date is more than twelve months before the date when he ceased to hold office as an appointed person, the day immediately after the last anniversary of his appointment.

(5) Paragraph (4) above does not apply where an appointed person ceased to hold office one month or less after an anniversary of his appointment and a report had been made to the Commissioners in accordance with paragraph (3) above in respect of that anniversary.

Kenneth Clarke

One of Her Majesty’s Principal Secretaries of State

Home Office

1st October 1992

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