Charities Act 2011 (c. 25)

Part 6 E+W+N.I. Cy-près powers and assistance and supervision of charities by court and Commission

Powers of Commission to act for protection of charities etc. E+W

83 Power to suspend or remove trustees etc. from membership of charity E+W

(1) Subsection (2) applies where—

(a) the Commission makes an order under section 76(3) suspending from office or employment a person who is a trustee, charity trustee, officer, agent or employee of a charity, and

(b) the person is a member of the charity.

(2) The Commission may also make an order suspending the person's membership of the charity for the period for which the person is suspended from office or employment.

(3) Subsection (4) applies where—

(a) the Commission makes an order under section [F1 79(4)] removing from office or employment a person who is [F2 a trustee, charity trustee, officer,] agent or employee of a charity, and

(b) the person is a member of the charity.

(4) The Commission may also make an order—

(a) terminating the person's membership of the charity, and

(b) prohibiting the person from resuming membership of the charity without the Commission's consent.

(5) If an application for the Commission's consent under subsection (4)(b) is made 5 years or more after the order was made, the Commission must grant the application unless satisfied that, because of any special circumstances, it should be refused.

Textual Amendments

F1 Word in s. 83(3) substituted (31.7.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 4(3)(a), 17(4); S.I. 2016/815, reg. 2(c)

F2 Words in s. 83(3) substituted (31.7.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 4(3)(b), 17(4); S.I. 2016/815, reg. 2(c)