Commentary on provisions of Act Section 5: Power to remove disqualified trustee
Section 5 inserts into the Charities Act 2011 a new section 79A which enables the Commission to remove a disqualified charity trustee if they continue to remain in their position once disqualified. The Commission is required to give notice to each of the charity’s trustees, but is not required to give public notice of the order, and is not required to provide a particular period of notice or a mechanism for representations as this is not considered necessary where an already disqualified trustee is being removed. The power does not extend to removing disqualified persons from senior management positions, as this would be for the charity’s trustees to enforce (their failure to do so could result in the Commission taking action against the charity’s trustees).