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The Charities (Receiver and Manager) Regulations 1992

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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).

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