Charities Act 1993 : Chapter 10.

  • Great Britain
Date:
[1993]
Catalogue details

Licence: Open Government Licence

Credit: Charities Act 1993 : Chapter 10. Source: Wellcome Collection.

    70/108 page 62
    Part IX (2) Subject to the following provisions of this section, the charity trustees of a charity to which this section applies may resolve for the purposes of this section— (a) that all the property of the charity should be transferred to such other charity as is specified in the resolution, being either a registered charity or a charity which is not required to be registered; (b) that all the property of the charity should be divided, in such manner as is specified in the resolution, between such two or more other charities as are so specified, being in each case either a registered charity or a charity which is not required to be registered; (c) that the trusts of the charity should be modified by replacing all or any of the purposes of the charity with such other purposes, being in law charitable, as are specified in the resolution; | (d) that any provision of the trusts of the charity— (i) relating to any of the powers exercisable by the charity trustees in the administration of the charity, or (ii) regulating the procedure to be followed in any respect in connection with its administration, should be modified in such manner as is specified in the resolution. (3) Any resolution passed under subsection (2) above must be passed by a majority of not less than two-thirds of such charity trustees as vote on the resolution. (4) The charity trustees of a charity to which this section applies (“the transferor charity’) shall not have power to pass a resolution under subsection (2)(a) or (b) above unless they are satisfied — (a) that the existing purposes of the transferor charity have ceased to be conducive to a suitable and effective application of the charity’s resources; and (b) that the purposes of the charity or charities specified in the resolution are as similar in character to the purposes of the transferor charity as is reasonably practicable; and before passing the resolution they must have received from the charity trustees of the charity, or (as the case may be) of each of the charities, specified in the resolution written confirmation that those trustees are willing to accept a transfer of property under this section. (5) The charity trustees of any such charity shall not have power to pass a resolution under subsection (2)(c) above unless they are satisfied — (a) that the existing purposes of the charity (or, as the case may be, such of them as it is proposed to replace) have ceased to be conducive to a suitable and effective application of the charity’s resources; and (b) that the purposes specified i in the resolution are as similar in character to those existing purposes as is practical in the circumstances.
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