Part 6

Cy-près powers and assistance and supervision of charities by court and Commission

Additional powers of Commission

Power to give advice
110
1
The Commission may, on the written application of any charity trustee or trustee for a charity, give the applicant its opinion or advice in relation to any matter—
a
relating to the performance of any duties of the applicant, as such a trustee, in relation to the charity concerned, or
b
otherwise relating to the proper administration of the charity.
2
A person (“P”) who—
a
is a charity trustee or trustee for a charity, and
b
acts in accordance with any opinion or advice given by the Commission under subsection (1) (whether to P or another trustee),
is to be treated, as regards P's responsibility for so acting, as having acted in accordance with P's trust.
3
But subsection (2) does not apply to P if, when so acting—
a
P 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.