Clause 15

If in any proceedings for negligence, default, breach of duty or breach of trust against a person to whom this section applies, whether appointed by the court or otherwise, it appears to the court before which the proceedings are taken that —

the person is or may be liable in respect thereof; but(b)the person has acted honestly and reasonably and, having regard to all the circumstances of the case, he ought fairly to be excused for the negligence, default or breach,the court may relieve him either wholly or partly from his liability on such terms as the court thinks fit.(2) Where any person to whom this section applies has reason to apprehend that any claim will or might be made against him in respect of any negligence, default, breach of duty or breach of trust he may apply to the High Court for relief, and the High Court shall have the same power to relieve him as it would have had, under subsection (1), if it had been a court before which proceedings against him for negligence, default, breach of duty or breach of trust had been brought.(3) Without prejudice to the generality of subsection (1), the circumstances of the case referred to in subsection (1) may include the circumstances connected with the appointment of the person.(4) For the avoidance of doubt and without prejudice to the generality of subsection (1), “liability” includes the liability of a person to whom this section applies to account for profits made or received.(5) The persons to whom this section applies are —

governing board members or trustees for charities; and

receivers and managers in respect of the property and affairs of a charity (whether appointed under this Act or otherwise).”.