Charities Act 2009
The Minister for Community, Rural and Gaeltacht Affairs has recently commenced sections of the Charities Act, 2009 (“the Act”) which relates specifically to the role of the charity trustee.
As now changed, the law provides that a court is permitted to relieve a charity trustee from liability for breach of trust where it appears to the court that the charity trustee in question has acted honestly and reasonably and that having regard to the circumstances of the case the charity trustee should be excused for the breach of trust. This provision is one which may be heavily relied upon by any charity trustee whose conduct is called into question before the courts.
Various other small parts of the Act had already been commenced by the Minister. These relate to restrictions upon the manner in which mass cards may be sold and minor elements of the legislation which are technical in nature and which make no great change to the current legal regime which governs charities.
The balance of the Act remains on standby, awaiting Ministerial commencement, including the sections of the Act dealing with the establishment of the Charities Regulatory Authority.
Matthew Austin