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Nov, 2010

The Minister for Community, Equality and Gaeltacht Affairs has recently published an Order commencing certain provisions of the Charities Act 2009.

In particular, the Order commences Section 90 of the Act, which will enable the courts to grant relief from personal liability to charity trustees for breach of trust where the opinion of the court is that while the trustee may be liable for the breach, he or she acted in good faith and ought to be excused.  In such circumstances the court may then grant relief in whole or in part under the provisions of Section 90.

The Charities Act 2009 contains measures to reform the law relating to charities and, in particular, to strengthen accountability and provide protection against abuse of charitable status and fraud.  It provides a composite regulated framework for charities.  The Act provides for the dissolution of Commissioners of Charitable Donations and Bequests for Ireland (CCDB) and the establishment of a new regulatory authority

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