The Charities Act 2006 (Changes in Exempt Charities) Order 2009 No.

SCHEDULE 2 TRANSITIONAL AND TRANSITORY PROVISIONS AND SAVINGS

PART 2 JURISDICTION OF THE CHARITY COMMISSION AND COURT IN RELATION TO NEW EXEMPT AND FORMERLY EXEMPT CHARITIES

CHAPTER 2 FORMERLY EXEMPT CHARITIES

Persons acting as charity trustee of or trustee for a formerly exempt charity while disqualified

15.—(1) The Commission may not make any order under section 73(4) of the 1993 Act which would require a person (“P”) to—

(a) repay to a formerly exempt charity the whole or part of any relevant sums received by P by way of remuneration or expenses; or

(b) pay to that charity the whole or part of the monetary value of any relevant benefit in kind received by P.

(2) For the purposes of this paragraph—

(a) a sum by way of remuneration or expenses or a benefit in kind received by P is a relevant sum or benefit in kind if it is received by P in connection with P’s acting as charity trustee of or trustee for the formerly exempt charity at any time—

(i) before the appointed day; and

(ii) when P was disqualified by section 72 of the 1993 Act for acting as such a trustee;

(b) it does not matter whether—

(i) the sums received by P by way of remuneration or expenses are; or

(ii) the benefit in kind received by P is,

received by P before, on or after the appointed day.