Charities Act 1985
| Jurisdiction | UK Non-devolved |
| Citation | 1985 c. 20 |
| Year | 1985 |
to prescribe the forms in which such statements are to be transmitted, andto require any such statements to include an itemised schedule (in the prescribed form) of all property currently held for the purposes of the charity, with an estimated value assigned to each item.(2) In the case of such a charity, statements of account prepared under section 32 of the Act of 1960 shall be sent annually by the charity trustees to the appropriate local authority; and subsection (3) of that section (parochial charities to send statements of account to parish council etc.) shall not apply.the statement shall be open to public inspection at all reasonable times, andthe authority shall, on the request of any person, supply to him a copy of the statement, on payment by him of the reasonable cost of making the copy.(4) If so required by Secretary of State’s regulations under the Act of 1960, a copy of the statement shall be sent by the authority to any other local authority specified in the regulations.give such public notice as they think reasonable and justified, having regard to the resources of the charity and the extent of its area of benefit, of a place at which the statement can be inspected by members of the public, andon the request of any person, supply to him a copy of the statement, on payment by him of the reasonable cost of making the copy.(6) It shall be open to any person to make representations to the Commissioners, in respect of a local charity for the relief of poverty, that the charity trustees have made default for a period of at least 12 months in complying with the Act of 1960 or this section in respect of statements of account.(7) If such representations are made, the Commissioners may, if they think it a proper case for their intervention and after giving the trustees notice of the representations and inviting their comments, without any further or other application exercise in relation to the charity their jurisdiction under section 18 of the Act of 1960 or settle a scheme under section 19 of that Act (power to establish schemes, remove trustees, etc.) .(8) This section does not apply to an exempt charity.at least 50 years have elapsed since the date of the charity’s foundation, orit is subject to a scheme (whether established by the court or by the Commissioners) for the joint administration of two or more charities, and in the case of each of the charities comprised in the scheme at least 50 years have elapsed since the date of its foundation.that the objects of the charity may fairly be considered obsolete or lacking in usefulness, or impossible of achievement, having regard to the period that has elapsed since the charity was founded, the social and economic changes that have taken place in that period and other circumstances (if any) relevant to the functioning and administration of the charity, andthat an alteration of the charity’s objects is required in order that the charity’s resources may be applied to better effect, consistently with the spirit of the original gift,(3) The objects so specified must be, in the trustees’ opinion, not so far dissimilar in character to those of the original charitable gift that this modification of the charity’s trusts would constitute an unjustifiable departure from the intentions of the founder of the charity, or violate the spirit of the gift.(4) The trustees must take such steps as are reasonably open to them to secure the approval to the proposed alteration of objects of any person identifiable as having been the founder of the charity.(5) The resolution of the trustees must be unanimous and be in the form set out in Schedule 1 to this Act, or as near to that form as circumstances may admit.give such public notice that they have done so as they think reasonable and justified, having regard to the resources of the charity and the extent of its area of benefit, andsend copies of the resolution to the Commissioners and to the appropriate local authority, accompanied in each case by a statement of their reasons for being of the opinions specified in subsections (2) and (3) above.(7) The Commissioners may, when considering the resolution, require the trustees to provide additional information or explanation as to the circumstances in and by reference to which they have determined to act under this section or as to their compliance with this section; and the Commissioners shall take into consideration any representations made to them by the appropriate local authority and others appearing to them to be interested.if it appears to them that the requirements of this section are satisfied in respect of the resolution, and that the proposed alteration of objects is justified in all the circumstances (treating the trustees’ opinion under subsections (2) and (3) as prima facie well-founded and not to be set aside in the absence of contrary considerations) , give to the trustees notice of their concurrence with the resolution, orgive them notice that they require further time in which to consider the case (but so that not more than an additional 6 months shall be taken for that purpose) , orgive them notice that they do not concur with the resolution.(9) If the Commissioners give notice of their concurrence with the resolution then, with effect from the date specified in the notice, the trusts of the charity shall, by virtue of this section, be deemed modified in accordance with the terms of the resolution, and the trust instrument shall have effect accordingly.(10) References in this section to a charity’s trust instrument include any document which for the time being lays down or regulates the manner in which the charity’s property may or must be applied.(11) This section does not apply to an exempt charity or a charity which is a company or other body corporate.(12) Section 4(6) (b) of the Act of 1960 (duty to give notice etc. to the Commissioners) does not apply where the trusts of a charity are modified by virtue of this section.(1) Subject to and in accordance with this section, the trustees of a registered charity, or a charity which is not required to be registered, may pass a resolution that the whole property of the charity be transferred to another charity, being a registered charity or a charity that is not required to be registered, to be held and applied by, and as property of, that other charity.
To continue reading
Request your trial