Part 9Charity trustees, trustees and auditors etc.
Disqualification of charity trustees and trustees
181Power to waive disqualification
1
This section applies where a person (“P') is disqualified under section 178(1).
2
The Commission may, if P makes an application under this subsection, waive P's disqualification—
a
generally, or
b
in relation to a particular charity or a particular class of charities.
F42A
A waiver under subsection (2)—
a
may relate to the whole of P's disqualification or only to disqualification under section 178(3);
b
in relation to disqualification under section 178(3) may relate to a particular office or employment or to any office or employment of a particular description.
3
If—
a
P is disqualified under Case D F5, E or I and makes an application under subsection (2) 5 years or more after the date on which the disqualification took effect, and
b
the Commission is not prevented from granting the application by subsection (5),
the Commission must grant the application unless satisfied that, because of any special circumstances, it should be refused.
4
Any waiver under subsection (2) must be notified in writing to P.
5
No waiver may be granted under subsection (2) in relation to any charitable company F1or CIO if—
a
P is for the time being prohibited from acting as director of the company F2or charity trustee of the CIO (as the case may be), by virtue of—
i
a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986, or
ii
a provision of the 1986 Act mentioned in subsection (6), and
b
leave has not been granted for P to act as F3director of any company or charity trustee of any CIO.
6
The provisions of the 1986 Act are—
section 11(1) (undischarged bankrupts);
section 12(2) (failure to pay under county court administration order);
section 12A (Northern Irish disqualification orders);
section 12B (Northern Irish disqualification undertakings).