Charities (Amendment) Act 2024

Amendment of section 55 of Principal Act

23. Section 55 of the Principal Act is amended—

(a) in subsection (1)—

(i) by the substitution of the following paragraphs for paragraphs (a) and (b):

“(a) is adjudicated bankrupt and such bankruptcy has not been annulled or discharged,

(b) is an individual who is party to an insolvency arrangement that has not ceased to have effect,”,

(ii) by the insertion of the following paragraphs after paragraph (e):

“(ea) is convicted of a summary offence under section 39, 40, 41, 46, 47, 57, 63, 65 or 68,

(eb) is the subject of a declaration under section 819 of the Act of 2014, or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act,

(ec) is, or is deemed to be, the subject of an order under section 160 of the Companies Act 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Act of 2014,”,

and

(iii) by the deletion, in paragraph (f), of “is the subject of an order under section 160 of the Companies Act 1990 or”,

(b) by the insertion of the following subsection after subsection (1):

“(1A) A person who has ceased to hold the position of charity trustee of a charitable organisation by virtue of subsection (1) (other than for the reason in paragraph (g) of that subsection) shall, as soon as practicable, notify the Authority in writing of that fact.”,

(c) by the substitution, in subsection (2), of “may, on notice to the Authority, apply” for “may apply”,

(d) by the insertion of the following subsection after subsection (2):

“(2A) A person who makes an application to the High Court under subsection (2) shall cause a copy of an order made by the Court to be given to the Authority as soon as practicable after the order is made.”,

and

(e) by the substitution, in subsection (4), of “by virtue of paragraph (ea) or (g) of subsection (1)” for “by virtue of subsection (1)”.