(1)Subject to subsection (2), it is an offence for any person to act as a charity trustee or trustee for a charity [F1 or to hold an office or employment ] while disqualified from being such a trustee [F2 or from holding that office or employment ] by virtue of section 178 [F3or an order under section 181A].
(2)Subsection (1) does not apply if—
(a)the charity concerned is a company [F4or a CIO], and
(b)the disqualified person is disqualified by virtue only of Case B [F5, F or G][F6 in section 178].
(3)A person guilty of an offence under subsection (1) is liable—
(a)on summary conviction, to imprisonment for a term not exceeding [F7the general limit in a magistrates’ court] or to a fine not exceeding the statutory maximum, or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.
Textual Amendments
F1Words in s. 183(1) inserted (1.2.2018 for specified purposes, 1.8.2018 in so far as not already in force) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 9(14)(a), 17(4); S.I. 2018/47, regs. 2, 3(a) (with reg. 4)
F2Words in s. 183(1) inserted (1.2.2018 for specified purposes, 1.8.2018 in so far as not already in force) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 9(14)(b), 17(4); S.I. 2018/47, regs. 2, 3(a) (with reg. 4)
F3Words in s. 183(1) inserted (1.10.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 10(3)(a), 17(4); S.I. 2016/815, reg. 3(a)
F4Words in s. 183(2)(a) inserted (2.1.2013) by The Charitable Incorporated Organisations (Consequential Amendments) Order 2012 (S.I. 2012/3014), arts. 1, 7
F5Words in s. 183(2)(b) substituted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 62(5) (with art. 5)
F6Words in s. 183(2)(b) inserted (1.10.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 10(3)(b), 17(4); S.I. 2016/815, reg. 3(a)
F7Words in s. 183(3)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1