The Charitable Incorporated Organisations (General) Regulations 2012

Validity of acts of charity trustee

32.—(1) Subject to paragraph (2), the acts of a person (“A”) as a charity trustee of a CIO are valid even if it is afterwards discovered that—

(a) there was a defect in A’s appointment;

(b) A was disqualified from holding office;

(c) A had ceased to hold office;

(d) A was not entitled to vote on the matter in question; or

(e) where the CIO’s constitution permits the charity trustees to make decisions otherwise than by voting, A was not entitled to take part in the decision on the matter in question.

(2) Paragraph (1)(d) and (e) apply only in favour of (as the case may be)—

(a) the CIO; and

(b) any party, other than A or the CIO, to an agreement or transaction entered into as a consequence of—

(i) A voting on a matter on which A was not entitled to vote; or

(ii) where the constitution permits the charity trustees to make decisions otherwise than by voting, A taking part in a decision in which A was not entitled to take part.

(3) This regulation does not affect the application of sections 183 and 184 of the 2011 Act (criminal and civil consequences of acting while disqualified).