Part 9Charity trustees, trustees and auditors etc.
Remuneration of charity trustees and trustees etc.
186Disqualification of charity trustee or trustee receiving remuneration under s.185
1
This section applies to any charity trustee or trustee for a charity—
a
who is or would be entitled to remuneration under an agreement or proposed agreement within Condition A, or
b
who is connected with a person who is or would be so entitled.
2
The charity trustee or trustee for a charity is disqualified from acting as such in relation to any decision or other matter connected with the agreement.
3
But if an act is done by a person who is disqualified from doing it by virtue of subsection (2), the act is not invalid merely because of that disqualification.
4
If the Commission is satisfied—
a
that a person (“P”) has done any act which P was disqualified from doing by virtue of subsection (2), and
b
that P or a person connected with P has received or is to receive from the charity any remuneration under the agreement in question,
it may make an order under subsection (5) or (6) (as appropriate).
5
An order under this subsection is one requiring P—
a
to reimburse to the charity the whole or part of the remuneration received as mentioned in subsection (4)(b);
b
to the extent that the remuneration consists of a benefit in kind, to reimburse to the charity the whole or part of the monetary value (as determined by the Commission) of the benefit in kind.
6
An order under this subsection is one directing that P or (as the case may be) the connected person is not to be paid the whole or part of the remuneration mentioned in subsection (4)(b).
7
If the Commission makes an order under subsection (5) or (6), P or (as the case may be) the connected person accordingly ceases to have any entitlement under the agreement to so much of the remuneration (or its monetary value) as the order requires P to reimburse to the charity or (as the case may be) as it directs is not to be paid to P.
8
Sections 187 and 188 (interpretation) apply for the purposes of this section.