This Order commences section 4 of the Charities Act 2009 (‘‘the Act’’). The purpose of this Order is to allow the Minister to make orders or regulations under the Act — commencement would enable the Minister to make regulations before the new Authority is established, if considered appropriate. Orders and regulations made under the Act shall, except those made under Section 1(2) or Section (12), be laid before both Houses of the Oireachtas. An Order or regulation under this Act may be annulled if a resolution annulling such an Order or regulation is passed by either House within 21 days.
This Order also commences Section 90 of the Charities Act 2009 (‘‘the Act’’). The purpose of this Order is to grant powers in any proceedings to the courts to grant relief to charity trustees from personal liability 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 of the Act.