Charities Act 2009

74.

Protection of charitable organisations.

74.— (1) Where the High Court is satisfied, upon the application of the Authority, that—

( a) an offence under this Act has been or is being committed in relation to a charitable organisation,

( b) any provision of this Act has not been or is not being complied with in relation to a charitable organisation,

( c) an offence under the Act of 2001 has been or is being committed in relation to the property of a charitable organisation,

( d) any property of the charitable organisation is being misapplied or is being dealt with or managed in a manner that endangers the property, or

( e) there has been any other misconduct or mismanagement on the part of any charity trustee or member of staff in relation to the affairs of the charitable organisation,

the High Court may make such order as it considers appropriate in the circumstances.

(2) The High Court may make—

( a) an interim order,

( b) an interlocutory order, or

( c) a permanent order,

under this section.

(3) An application for an interim order under this section may be made ex parte.

(4) In this section—

“order” includes—

( a) an order suspending or removing any charity trustee or member of the staff of a charitable organisation,

( b) an order prohibiting the removal, sale or application of any property of the charitable organisation,

( c) an order vesting any of the property of a charitable organisation in the Authority or such other person as the court considers appropriate,

( d) an order appointing such person or persons as it considers appropriate to act as charity trustee or charity trustees of the charitable organisation in addition to, or instead of, any existing charity trustees,

( e) an order directing any person who is a debtor of the charitable organisation not to pay his or her debt to the organisation during such period as may be specified in the order, or to pay it to such person as may be so specified in satisfaction of the debt to the charitable organisation, and

( f) an order restricting or prohibiting the entering into of such agreements, or agreements of such a class, as may be specified in the order, by the charitable organisation.