Charities Act 1994 · 2020 Revised Edition · Part 7 · Application of Property Cy-Près and Assistance and Supervision of Charities by Court and Commissioner
24. Power to suspend or remove trustees, etc., from membership of charity
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This section applies where the Commissioner makes an order under section 23 removing or suspending any trustee, governing board member, officer, agent or employee of a charity from his or her office or employment (as the case may be) and the person in question is a member of the charity.
Commissioner
“Commissioner” means the Commissioner of Charities appointed under section 3;
If the order suspends the person in question from his or her office or employment, the Commissioner may also make an order suspending his or her membership of the charity for the period for which he or she is suspended from his or her office or employment.
charity
“charity” means any institution, corporate or not, which is established for charitable purposes and is subject to the control of the General Division of the High Court in exercise of the jurisdiction of the General Division of the High Court with respect to charities;
If the order removes the person in question from his or her office or employment, the Commissioner may also make an order —
terminating his or her membership of the charity; and
prohibiting him or her from resuming his or her membership of the charity for not less than 2 years or such time as the Commissioner may specify.
Any person who continues in his or her membership of a charity in contravention of an order under subsection (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.
This section does not apply to an exempt charity.[25A