SCHEDULE 2TRANSITIONAL AND TRANSITORY PROVISIONS AND SAVINGS
PART 2JURISDICTION OF THE CHARITY COMMISSION AND COURT IN RELATION TO NEW EXEMPT AND FORMERLY EXEMPT CHARITIES
CHAPTER 2FORMERLY EXEMPT CHARITIES
Persons acting as charity trustee of or trustee for a formerly exempt charity while disqualified15
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.