Part I The F7Charity Commission and the Official Custodian for Charities

Annotations:
Amendments (Textual)
F7

Words in Pt. I heading substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 97; S.I. 2007/309, art. 2, Sch.

2 The official custodian for charities.

1

There shall continue to be an officer known as the official custodian for charities (in this Act referred to as “the official custodian”) whose function it shall be to act as trustee for charities in the cases provided for by this Act; and the official custodian shall be by that name a corporation sole having perpetual succession and using an official seal which shall be officially and judicially noticed.

F12

Such individual as the Commission may from time to time designate shall be the official custodian.

3

The official custodian shall perform his duties in accordance with such general or special directions as may be given him by the F4Commission, and his expenses (except those re-imbursed to him or recovered by him as trustee for any charity) shall be defrayed by the F4Commission.

4

Anything which is required to or may be done by, to or before the official custodian may be done by, to or before any F5member of the staff of the Commission generally or specially authorised F6by it to act for him during a vacancy in his office or otherwise.

5

The official custodian shall not be liable as trustee for any charity in respect of any loss or of the mis-application of any property unless it is occasioned by or through the wilful neglect or default of the custodian or of any person acting for him; but the Consolidated Fund shall be liable to make good to a charity any sums for which the custodian may be liable by reason of any such neglect or default.

6

The official custodian shall keep such books of account and such records in relation thereto as may be directed by the Treasury and shall prepare accounts in such form, in such manner and at such times as may be so directed.

7

The accounts so prepared shall be examined and certified by the Comptroller and Auditor General F3...

F28

The Comptroller and Auditor General shall send to the Commission a copy of the accounts as certified by him together with his report on them.

9

The Commission shall publish and lay before Parliament a copy of the documents sent to it under subsection (8) above.