Appointment of interim charity trustees
I1I28Appointment 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the word “still” is repealed,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.