|
|
|
Amendment of section 74 of Principal Act
|
| |
31. Section 74 of the Principal Act is amended—
|
|
| |
(a) in subsection (1)—
|
|
| |
(i) by the substitution, in paragraph (d), of “property,” for “property, or”,
|
|
| |
(ii) by the substitution, in paragraph (e), of “organisation, or” for “organisation,”
|
|
| |
(iii) by the insertion of the following paragraph after paragraph (e):
|
|
| |
“(f) there is no effective management or oversight of the activities of the charitable organisation by the charity trustees,”,
|
|
| |
(b) by the insertion of the following subsection after subsection (2):
|
|
| |
“(2A) The High Court shall not make an order, referred to in subsection (4)(g), in respect of a charitable organisation that is an education body.”,
|
|
| |
(c) by the insertion of the following subsections after subsection (3):
|
|
| |
“(3A) The Authority shall notify the Minister for Education or the Minister for Further and Higher Education, Research, Innovation and Science, as appropriate, where the Authority proposes to make an application under subsection (1) in relation to a charitable organisation that is an education body.
|
|
| |
(3B) A person appointed to act as a charity trustee of a charitable organisation pursuant to an order of the High Court under this section shall not be liable in damages for anything done, anything purported to be done or anything omitted to be done—
|
|
| |
(a) by the charitable organisation or by any person in relation to the charitable organisation prior to the date of his or her appointment, or
|
|
| |
(b) by that person in performing the functions of a charity trustee of that charitable organisation, unless the act or omission is shown to have been done in bad faith or due to any negligence or misconduct on his or her part.”,
|
|
| |
and
|
|
| |
(d) in subsection (4)—
|
|
| |
(i) by the substitution, in paragraph (e), of “charitable organisation,” for “charitable organisation, and”,
|
|
| |
(ii) by the substitution, in paragraph (f), of “charitable organisation, and” for “charitable organisation.”, and
|
|
| |
(iii) by the insertion of the following paragraph after paragraph (f):
|
|
| |
“(g) an order directing that the charitable organisation be wound up or dissolved in accordance with its constitution, or in such other manner as may be specified in the order.”.
|
