PART 6APPLICATION OF PROPERTY CY-PRÈS AND ASSISTANCE AND SUPERVISION OF CHARITIES BY COURT AND COMMISSION

Additional powers of Commission

C149Power to give advice and guidance

1

The Commission may, on the application of any charity trustee or trustee for a charity, give that person (T) its opinion or advice in relation to any matter—

a

relating to the performance of any of T's duties, as such a trustee, in relation to the charity concerned, or

b

otherwise relating to the proper administration of the charity.

2

Where T acts in accordance with any opinion or advice given by the Commission under subsection (1) (whether to T or to another trustee) T is to be taken, as regards T's responsibility for so acting, to have acted in accordance with T's trust.

3

But subsection (2) does not apply to T if, when so acting, either—

a

T knows or has reasonable cause to suspect that the opinion or advice was given in ignorance of material facts, or

b

a decision of the Court or the Tribunal has been obtained on the matter or proceedings are pending to obtain one.

4

The Commission may, in connection with its second general function mentioned in section 8(2), give such advice or guidance with respect to the administration of charities as it considers appropriate.

5

Any advice or guidance so given may relate to—

a

charities generally,

b

any class of charities, or

c

any particular charity,

and may take such form, and be given in such manner, as the Commission considers appropriate.