1 The duty of care.E+W
(1)Whenever the duty under this subsection applies to a trustee, he must exercise such care and skill as is reasonable in the circumstances, having regard in particular—
(a)to any special knowledge or experience that he has or holds himself out as having, and
(b)if he acts as trustee in the course of a business or profession, to any special knowledge or experience that it is reasonable to expect of a person acting in the course of that kind of business or profession.
(2)In this Act the duty under subsection (1) is called “the duty of care”.
Modifications etc. (not altering text)
C1S. 1(1) applied by 1993 c. 10, s. 73F(5) (as inserted (27.2.2007) by Charities Act 2006 (c. 50), ss. 39, 79(2); S.I. 2007/309, art. 2, Sch.)
C2S. 1(1) applied by 1993 c. 10, s. 73B(2) (as inserted (18.3.2008) by Charities Act 2006 (c. 50), ss. 36, 79(2) (with Sch. 10 para. 12); S.I. 2008/751, art. 2, Sch.)