PART 6APPLICATION OF PROPERTY CY-PRÈS AND ASSISTANCE AND SUPERVISION OF CHARITIES BY COURT AND COMMISSION

Powers of Commission to make schemes and act for protection of charities, etc.

40Publicity for orders relating to trustees or other individuals

(1)

The Commission may not make any order under this Act to appoint, discharge or remove a charity trustee or trustee for a charity, other than—

(a)

an order relating to the official custodian, or

(b)

an order under section 33(1)(ii),

unless, before doing so, the Commission has complied with the publicity requirement in subsection (2).

This is subject to any disapplication of that requirement under subsection (4).

(2)

The publicity requirement is that the Commission must give public notice of its proposals, inviting representations to be made to it within a period specified in the notice.

(3)

The time when any such notice is given is to be decided by the Commission.

(4)

The Commission may determine that the publicity requirement is not to apply in relation to a particular order if it is satisfied that for any reason compliance with the requirement is unnecessary.

(5)

Before the Commission makes an order under this Act to remove, without the consent of the person concerned, a person who is—

(a)

a charity trustee or trustee for a charity, or

(b)

an officer, agent or employee of a charity,

the Commission must give to that person not less than one month’s notice of its proposals, inviting representations to be made to it within a period specified in the notice.

This does not apply if the person cannot be found or has no known address.

(6)

Where the Commission gives notice of any proposals under this section, the Commission—

(a)

must take into account any representations made to it within the period specified in the notice, and

(b)

may (without further notice) proceed with the proposals either without modifications or with such modifications as it thinks desirable.

(7)

Any notice of any proposals which is to be given under this section—

(a)

is to contain such particulars of the proposals, or such directions for obtaining information about them, as the Commission thinks sufficient and appropriate, and

(b)

(in the case of a public notice) is to be given in such manner as the Commission thinks sufficient and appropriate.

(8)

Any notice to be given under subsection (5)—

(a)

may be given by post, and

(b)

if given by post, may be addressed to the recipient’s last known address.