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4. (1) The Commission may not make any order under section 73(4) of the 1993 Act which would require a person (“P”) to—
(a)repay to a foundation or voluntary school charity the whole or part of any relevant sum received by P by way of remuneration or expenses; or
(b)pay to that charity the whole or part of the monetary value of any relevant benefit in kind received by P.
(2) For the purposes of this paragraph—
(a)a sum by way or remuneration or expenses or a benefit in kind received by P is a relevant sum or benefit in kind if it is received by P in connection with P’s acting as a charity trustee of or trustee for the foundation or voluntary school charity at any time—
(i)before 1st August 2011; and
(ii)when P was disqualified by section 72 of the 1993 Act for acting as such a trustee; and
(b)it does not matter whether the sum or benefit is received by P before, on or after 1st August 2011.
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