Charities Act 1993 (repealed)

[F173DPower to relieve trustees, auditors etc. from liability for breach of trust or dutyE+W

(1)This section applies to a person who is or has been—

(a)a charity trustee or trustee for a charity,

(b)a person appointed to audit a charity's accounts (whether appointed under an enactment or otherwise), or

(c)an independent examiner, reporting accountant or other person appointed to examine or report on a charity's accounts (whether appointed under an enactment or otherwise).

(2)If the Commission considers—

(a)that a person to whom this section applies is or may be personally liable for a breach of trust or breach of duty committed in his capacity as a person within paragraph (a), (b) or (c) of subsection (1) above, but

(b)that he has acted honestly and reasonably and ought fairly to be excused for the breach of trust or duty,

the Commission may make an order relieving him wholly or partly from any such liability.

(3)An order under subsection (2) above may grant the relief on such terms as the Commission thinks fit.

(4)Subsection (2) does not apply in relation to any personal contractual liability of a charity trustee or trustee for a charity.

(5)For the purposes of this section and section 73E below—

(a)subsection (1)(b) above is to be read as including a reference to the Auditor General for Wales acting as auditor under section 43B above, and

(b)subsection (1)(c) above is to be read as including a reference to the Auditor General for Wales acting as examiner under that section;

and in subsection (1)(b) and (c) any reference to a charity's accounts is to be read as including any group accounts prepared by the charity trustees of a charity.

(6)This section does not affect the operation of—

(a)section 61 of the Trustee Act 1925 (power of court to grant relief to trustees),

(b)[F2section 1157 of the Companies Act 2006] (power of court to grant relief to officers or auditors of companies), or

(c)section 73E below (which extends [F3section 1157] to auditors etc. of charities which are not companies).]

Textual Amendments

F1Ss. 73D, 73E inserted (27.2.2007 for specified purposes, 1.4.2008 for specified purposes) by Charities Act 2006 (c. 50), ss. 38, 79(2) (with Sch. 10 para. 13); S.I. 2007/309, art. 2, Sch.; S.I. 2008/945, art. 2, Sch. 1