Commentary on provisions of Act Section 2: Investigations and power to suspend
Section 2 amends section 76 of the Charities Act 2011, which deals with the exercise of the Commission’s temporary protective powers. It puts beyond doubt that failure to comply with an order of the Commission, or failure to remedy a breach specified in an official warning constitutes misconduct or mismanagement (section 2(2)). Failure to follow good practice could not automatically be considered to constitute misconduct or mismanagement.
	It also enables the Commission to extend a suspension pending removal by up to one year, subject to a two year overall limit. The Commission asked for this change because in some cases it must await the outcome of a criminal prosecution before it can proceed with its regulatory action.