Appointment of interim charity trustees

8Appointment of interim trustees by OSCR

1

Section 70A (appointment of charity trustees) of the 2005 Act is modified as follows.

2

For subsections (1) and (2), substitute—

1

OSCR may, on the request of a charity, appoint a person as an interim charity trustee for the charity where—

a

the charity has an insufficient number of charity trustees to be able to appoint a charity trustee under its constitution, and

b

the charity’s constitution does not provide a mechanism for appointing a charity trustee in such circumstances.

2

OSCR may, of its own accord or on the representation of any person, appoint a person as an interim charity trustee for a charity where OSCR is satisfied that—

a

the charity has no existing charity trustees,

b

all of the charity’s existing charity trustees either—

i

cannot be found, or

ii

are not acting and are not expected to resume acting, or

c

the number of the charity’s existing charity trustees who fall within sub-paragraph (i) or (ii) of paragraph (b) is such that the charity is unable to make a request under subsection (1).

3

In subsection (3)—

a

for “acting” substitute “interim”,

b

after “subsection”, insert “(1) or”,

c

after “constitution” insert “without requiring involvement from charity trustees who cannot be found or are not acting”.

4

In subsection (4)—

a

for “acting” substitute “interim”,

b

after “subsection” insert “(1) or”.

5

In subsection (5)—

a

in paragraph (a)—

i

the word “still” is repealed,

ii

for “acting” substitute “interim”,

iii

after “constitution” insert “without requiring involvement from charity trustees who cannot be found or are not acting”,

b

in paragraph (b), for “acting” substitute “interim”,

c

in the closing words, for “acting” substitute “interim”.

6

After subsection (5), insert—

5A

For the purpose of subsection (5)(b), no account is to be taken of any charity trustees who cannot be found or are not acting.

7

In subsection (6)—

a

for “acting” substitute “interim”,

b

after “subsection” insert “(1) or”.

8

In subsection (7), for “acting” substitute “interim”.

9

In subsection (8), for “acting” in both places where it appears substitute “interim”.

10

After subsection (8), insert—

9

For the purposes of subsection (1), a request is the request of a charity if it is from—

a

the majority of the charity trustees of the charity, or

b

if there are only two charity trustees of the charity, either of them.

9Review of proposed appointment of interim trustee

1

The 2005 Act is modified as follows.

2

In section 71 (decisions), after paragraph (pa) (inserted by section 6(5)) insert—

pb

appoint an interim charity trustee under section 70A(1) or (2)(c),

3

In section 72(2) (notice of decisions), after paragraph (ba) (inserted by section 16(3)(a)(ii)) insert—

bb

in the case of a decision referred to in paragraph (pb) of section 71, the charity trustees of the charity in respect of which the decision was made,

4

In section 73(2) (effect of decisions), in the opening words, after “(o)” insert “, (pb)”.

5

In section 74 (review of decisions), after subsection (1) insert—

1A

Where there is more than one charity trustee to whom notice of a decision referred to in section 71(pb) is given under section 72, a request under subsection (1) may be made by any of them.