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 F70[property,]

(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 F70[organisation, or]

F71[(f) there is no effective management or oversight of the activities of the charitable organisation by the charity trustees,]

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.

F71[(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.]

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

F71[(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.]

(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 F70[charitable organisation,]

(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 F70[charitable organisation, and]

F71[(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.]