Charities Act 2009
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Consequences of acting under direction of person not qualified to be charity trustee. |
58.— (1) Subject to subsection (3), a person who is convicted of an offence under section 56 in respect of a charitable organisation shall be personally liable for the debts of the charitable organisation incurred as a result of the commission by him or her of any act in purported performance by him or her of the functions of charity trustee of the charitable organisation at any time when he or she was not qualified to hold the position of charity trustee of the charitable organisation. | |
(2) Subject to subsection (3), a person who is convicted of an offence under section 57 in respect of a charitable organisation shall be personally liable for the debts of the charitable organisation incurred as a result of the commission by him or her of any act in compliance with the direction to which the offence related. | ||
(3) In proceedings brought against a person for the recovery of a debt referred to in this section the court may, subject to such conditions as it considers appropriate, grant relief in whole or in part from the liability to which the person would otherwise be subject under subsection (1) or (2), as the case may be, if it considers it just and equitable to so do having regard to the circumstances of the case. |