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Part IVE+W+N.I. Application of Property Cy-près and Assistance and Supervision of Charities by Court [F1and Commission]

Textual Amendments

F1Words in Pt. IV heading substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 106; S.I. 2007/309, art. 2, Sch.

[F2Additional powers of Commission]E+W

Textual Amendments

F2S. 26 heading substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 118; S.I. 2007/309, art. 2, Sch.

[F329 Power to give advice and guidanceE+W

(1)The Commission may, on the written application of any charity trustee or trustee for a charity, give that person its opinion or advice in relation to any matter—

(a)relating to the performance of any duties of his, as such a trustee, in relation to the charity concerned, or

(b)otherwise relating to the proper administration of the charity.

(2)A charity trustee or trustee for a charity who acts in accordance with any opinion or advice given by the Commission under subsection (1) above (whether to him or to another trustee) is to be taken, as regards his responsibility for so acting, to have acted in accordance with his trust.

(3)But subsection (2) above does not apply to a person if, when so acting, either—

(a)he knows or has reasonable cause to suspect that the opinion or advice was given in ignorance of material facts, or

(b)a decision of the court or the Tribunal has been obtained on the matter or proceedings are pending to obtain one.

(4)The Commission may, in connection with its second general function mentioned in section 1C(2) above, give such advice or guidance with respect to the administration of charities as it considers appropriate.

(5)Any advice or guidance so given may relate to—

(a)charities generally,

(b)any class of charities, or

(c)any particular charity,

and may take such form, and be given in such manner, as the Commission considers appropriate.]

Textual Amendments

F3S. 29 substituted (27.2.2007) by Charities Act 2006 (c. 50), ss. 24, 79(2); S.I. 2007/309, art. 2, Sch.