(1)Subject to subsection (2), it is an offence for any person to act as a charity trustee or trustee for a charity [F1 or to hold an office or employment ] while disqualified from being such a trustee [F2 or from holding that office or employment ] by virtue of section 178 [F3or an order under section 181A].
(2)Subsection (1) does not apply if—
(a)the charity concerned is a company [F4or a CIO], and
(b)the disqualified person is disqualified by virtue only of Case B [F5, F or G][F6 in section 178].
(3)A person guilty of an offence under subsection (1) is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.
Textual Amendments
F1Words in s. 183(1) inserted (1.2.2018 for specified purposes) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 9(14)(a), 17(4); S.I. 2018/47, reg. 2
F2Words in s. 183(1) inserted (1.2.2018 for specified purposes) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 9(14)(b), 17(4); S.I. 2018/47, reg. 2
F3Words in s. 183(1) inserted (1.10.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 10(3)(a), 17(4); S.I. 2016/815, reg. 3(a)
F4Words in s. 183(2)(a) inserted (2.1.2013) by The Charitable Incorporated Organisations (Consequential Amendments) Order 2012 (S.I. 2012/3014), arts. 1, 7
F5Words in s. 183(2)(b) substituted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 62(5) (with art. 5)
F6Words in s. 183(2)(b) inserted (1.10.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 10(3)(b), 17(4); S.I. 2016/815, reg. 3(a)