Office of Public Sector Information
26.—(1) Subject to subsection (3), the circumstances in which the original purposes of a charitable gift can be altered to allow the property given or part of it to be applied cy-près shall be as follows—
(a) where the original purposes, in whole or in part—
(i) have been as far as may be fulfilled; or
(ii) cannot be carried out, or not according to the directions given and to the spirit of the gift; or
(b) where the original purposes provide a use for part only of the property available by virtue of the gift; or
(c) where the property available by virtue of the gift and other property applicable for similar purposes can be more effectively used in conjunction, and to that end can suitably, regard being had to the appropriate considerations, be made applicable to common purposes; or
(d) where the original purposes were laid down by reference to an area which then was but has since ceased to be a unit for some other purpose, or by reference to a class of persons or to an area which has for any reason since ceased to be suitable, regard being had to the appropriate considerations, or to be practical in administering the gift; or
(e) where the original purposes, in whole or in part, have, since they were laid down,—
(i) been adequately provided for by other means; or
(ii) ceased, as being useless or harmful to the community or for other reasons, to be in law charitable; or
(iii) ceased in any other way to provide a suitable and effective method of using the property available by virtue of the gift, regard being had to the appropriate considerations.
(2) In subsection (1) “the appropriate considerations” means—
(a) (on the one hand) the spirit of the gift concerned, and
(b) (on the other) the social and economic circumstances prevailing at the time of the proposed alteration of the original purposes.
(3) Subsection (1) shall not affect the conditions which must be satisfied in order that property given for charitable purposes may be applied cy-près except in so far as those conditions require a failure of the original purposes.
(4) In authorising property comprised in a charitable gift to be applied cy-près, the Court or the Commission shall have power to alter—
(a) the purposes for which the property given may be applied; and
(b) the provisions and conditions governing the application of the property for those purposes;
so as to secure that the property is applied as beneficially as is possible, consistently with the spirit of the gift.
(5) In ascertaining the spirit of a gift for the purpose of subsection (1)(a)(ii) or (4) the Court or the Commission may take into account the conduct, and any habits or actions, of the donor and any written or oral declarations made by the donor at any time in relation to the gift.
(6) References in the foregoing subsections to the original purposes of a gift shall be construed, where the application of the property given has been altered or regulated by a scheme or otherwise, as referring to the purposes for which the property is for the time being applicable.
(7) It is hereby declared that a trust for charitable purposes places a trustee under a duty, where the case permits and requires the property or some part of it to be applied cy-près, to secure its effective use for charity by taking steps to enable it to be so applied.
27.—(1) Property given for specific charitable purposes which fail shall be applicable cy-près as if given for charitable purposes generally, where it belongs—
(a) to a donor who after—
(i) the prescribed advertisements and inquiries have been published and made, and
(ii) the prescribed period beginning with the publication of those advertisements has expired,
cannot be identified or cannot be found; or
(b) to a donor who has executed a disclaimer in the prescribed form of the donor’s right to have the property returned.
(2) Where the prescribed advertisements and inquiries have been published and made by or on behalf of trustees with respect to any such property, the trustees shall not be liable to any person in respect of the property if no claim by that person to be interested in it is received by them before the expiry of the period mentioned in subsection (1)(a)(ii).
(3) For the purposes of this section property shall be conclusively presumed (without any advertisement or inquiry) to belong to donors who cannot be identified, in so far as it consists—
(a) of the proceeds of cash collections made by means of collecting boxes or by other means not adapted for distinguishing one gift from another; or
(b) of the proceeds of any lottery, competition, entertainment, sale or similar money-raising activity, after allowing for property given to provide prizes or articles for sale or otherwise to enable the activity to be undertaken.
(4) The Court or the Commission may by order direct that property not falling within subsection (3) shall for the purposes of this section be treated (without any advertisement or inquiry) as belonging to donors who cannot be identified where it appears to the Court or the Commission either—
(a) that it would be unreasonable, having regard to the amounts likely to be returned to the donors, to incur expense with a view to returning the property; or
(b) that it would be unreasonable, having regard to the nature, circumstances and amounts of the gifts, and to the lapse of time since the gifts were made, for the donors to expect the property to be returned.
(5) Where property is applied cy-près by virtue of this section, the donor shall be deemed to have parted with all of the donor’s interest at the time when the gift was made; but where property is so applied as belonging to donors who cannot be identified or cannot be found, and is not so applied by virtue of subsection (3) or (4)—
(a) the scheme shall specify the total amount of that property; and
(b) the donor of any part of that amount shall be entitled, if the donor makes a claim not later than 6 months after the date on which the scheme is made, to recover from the charity for which the property is applied a sum equal to that part, less any expenses properly incurred by the charity trustees after that date in connection with claims relating to the donor’s gift; and
(c) the scheme may include directions as to the provision to be made for meeting any such claim.
(6) Where—
(a) any sum is, in accordance with any such directions, set aside for meeting any such claims, but
(b) the aggregate amount of any such claims actually made exceeds the relevant amount,
then, if the Commission so directs, each of the donors in question shall be entitled only to such proportion of the relevant amount as the amount of that donor’s claim bears to the aggregate amount referred to in paragraph (b); and for this purpose “the relevant amount” means the amount of the sum so set aside after deduction of any expenses properly incurred by the charity trustees in connection with claims relating to the donors' gifts.
(7) For the purposes of this section, charitable purposes shall be deemed to “fail” where any difficulty in applying property to those purposes makes that property or the part not applicable cy-près available to be returned to the donors.
(8) In this section “prescribed” means prescribed by regulations made by the Commission; and such regulations may, as respects the advertisements which are to be published for the purposes of subsection (1)(a), make provision as to the form and content of such advertisements as well as the manner in which they are to be published.
(9) In this section references to a donor include persons claiming through or under the original donor, and references to property given include the property for the time being representing the property originally given or property derived from it.
(10) This section shall apply to property given for charitable purposes, notwithstanding that it was so given before the commencement of this section.
28.—(1) This section applies to property given—
(a) for specific charitable purposes, and
(b) in response to a solicitation within subsection (2).
(2) A solicitation is within this subsection if—
(a) it is made for specific charitable purposes, and
(b) it is accompanied by a statement to the effect that property given in response to it will, in the event of those purposes failing, be applicable cy-près as if given for charitable purposes generally, unless the donor makes a relevant declaration at the time of making the gift.
(3) A “relevant declaration” is a declaration in writing by the donor to the effect that, in the event of the specific charitable purposes failing, the donor wishes the trustees holding the property to give the donor the opportunity to request the return of the property in question (or a sum equal to its value at the time of the making of the gift).
(4) Subsections (5) and (6) apply if—
(a) a person has given property as mentioned in subsection (1),
(b) the specific charitable purposes fail, and
(c) the donor has made a relevant declaration.
(5) The trustees holding the property must take the prescribed steps for the purpose of—
(a) informing the donor of the failure of the purposes,
(b) enquiring whether the donor wishes to request the return of the property (or a sum equal to its value), and
(c) if within the prescribed period the donor makes such a request, returning the property (or such a sum).
(6) If those trustees have taken all appropriate prescribed steps but—
(a) they have failed to find the donor, or
(b) the donor does not within the prescribed period request the return of the property (or a sum equal to its value),
section 27(1) shall apply to the property as if it belonged to a donor within paragraph (b) of that subsection (application of property where donor has disclaimed right to return of property).
(7) If—
(a) a person has given property as mentioned in subsection (1),
(b) the specific charitable purposes fail, and
(c) the donor has not made a relevant declaration,
section 27(1) shall similarly apply to the property as if it belonged to a donor within sub-paragraph (b) of that subsection.
(8) For the purposes of this section—
(a) “solicitation” means a solicitation made in any manner and however communicated to the persons to whom it is addressed,
(b) it is irrelevant whether any consideration is or is to be given in return for the property in question, and
(c) where any appeal consists of both solicitations that are accompanied by statements within subsection (2)(b) and solicitations that are not so accompanied, a person giving property as a result of the appeal is to be taken to have responded to the former solicitations and not the latter, unless the person proves otherwise.
(9) In this section “prescribed” means prescribed by regulations made by the Commission.
(10) Subsections (7) and (9) of section 27 shall apply for the purposes of this section as they apply for the purposes of section 27.
29.—(1) The power of the Court or the Commission to make schemes for the application of property cy-près shall be exercised in accordance with this section.
(2) Where any property given for charitable purposes is applicable cy-près, the Court or the Commission may make a scheme providing for the property to be applied—
(a) for such charitable purposes, and
(b) (if the scheme provides for the property to be transferred to another charity) by or on trust for such other charity,
as it considers appropriate, having regard to the matters set out in subsection (3).
(3) The matters are—
(a) the spirit of the original gift,
(b) the desirability of securing that the property is applied for charitable purposes which are close to the original purposes, and
(c) the need for the relevant charity to have purposes which are suitable and effective in the light of current social and economic circumstances.
The “relevant charity” means the charity by or on behalf of which the property is to be applied under the scheme.
(4) If a scheme provides for the property to be transferred to another charity, the scheme may impose on the charity trustees of that charity a duty to secure that the property is applied for purposes which are, so far as is reasonably practicable, similar in character to the original purposes.
(5) In this section references to property given include the property for the time being representing the property originally given or property derived from it.
(6) In this section references to the transfer of property to a charity are references to its transfer—
(a) to the charity, or
(b) to the charity trustees, or
(c) to any trustee for the charity, or
(d) to a person nominated by the charity trustees to hold it in trust for the charity,
as the scheme may provide.
30. Where a Royal charter establishing or regulating a body corporate is amendable by the grant and acceptance of a further charter, a scheme relating to the body corporate or to the administration of property held by the body (including a scheme for the cy-près application of any such property) may be made by the Court under the Court’s jurisdiction with respect to charities notwithstanding that the scheme cannot take effect without the alteration of the charter, but shall be so framed that the scheme, or such part of it as cannot take effect without the alteration of the charter, does not purport to come into operation unless or until Her Majesty thinks fit to amend the charter in such manner as will permit the scheme or that part of it to have effect.
31.—(1) Subject to the provisions of this Act, the Commission may by order exercise the same jurisdiction and powers as are exercisable by the High Court in charity proceedings for the following purposes—
(a) establishing a scheme for the administration of a charity;
(b) appointing, discharging or removing a charity trustee or trustee for a charity, or removing an officer or employee;
(c) vesting or transferring property, or requiring or entitling any person to call for or make any transfer of property or any payment.
(2) Where the Court directs a scheme for the administration of a charity to be established, the Court may by order refer the matter to the Commission for it to prepare or settle a scheme in accordance with such directions (if any) as the Court sees fit to give, and any such order may provide for the scheme to be put into effect by order of the Commission as if prepared under subsection (1) and without any further order of the Court.
(3) The Commission shall not have jurisdiction under this section to try or determine the title at law or in equity to any property as between a charity or trustee for a charity and a person holding or claiming the property or an interest in it adversely to the charity, or to try or determine any question as to the existence or extent of any charge or trust.
(4) Subject to the following subsections, the Commission shall not exercise its jurisdiction under this section as respects any charity, except—
(a) on the application of the charity; or
(b) on an order of the Court under subsection (2); or
(c) on the application of the Attorney General.
(5) In the case of a charity whose gross income does not in aggregate exceed £500 a year, the Commission may exercise its jurisdiction under this section on the application—
(a) of any one or more of the charity trustees; or
(b) of any person interested in the charity.
(6) Where, in the case of a charity, the Commission is satisfied that the charity trustees ought in the interests of the charity to apply for a scheme, but have unreasonably refused or neglected to do so and the Commission has given the charity trustees an opportunity to make representations to it, the Commission may proceed as if an application for a scheme had been made by the charity but the Commission shall not have power in a case where it acts by virtue of this subsection to alter the purposes of a charity, unless 40 years have elapsed from the date of its foundation.
(7) Where—
(a) a charity cannot apply to the Commission for a scheme by reason of any vacancy among the charity trustees or the absence or incapacity of any of them, but
(b) such an application is made by such number of the charity trustees as the Commission considers appropriate in the circumstances of the case,
the Commission may nevertheless proceed as if the application were an application made by the charity.
(8) The Commission may on the application of any charity trustee or trustee for a charity exercise its jurisdiction under this section for the purpose of discharging that person from trusteeship.
(9) Before exercising any jurisdiction under this section otherwise than on an order of the Court, the Commission shall give notice of its intention to do so to each of the charity trustees, except any that cannot be found or has no known address or who is party or privy to an application for the exercise of the jurisdiction; and any such notice may be given by post and, if given by post, may be addressed to the recipient’s last known address.
(10) The Commission shall not exercise its jurisdiction under this section in any case (not referred to the Commission by order of the Court) which, by reason of its contentious character, or of any special question of law or of fact which it may involve, or for other reasons, the Commission may consider more fit to be adjudicated on by the Court.
(11) If the Department thinks it expedient to do so—
(a) in consequence of changes in the value of money, or
(b) with a view to increasing the number of charities in respect of which the Commission may exercise its jurisdiction under this section in accordance with subsection (5),
it may by order amend that subsection by substituting a different sum for the sum for the time being specified there.
32.—(1) Where it appears to the Commission that a scheme should be established for the administration of a charity, but also that it is necessary or desirable for the scheme to alter the provision made by an Act of the Parliament of the United Kingdom or Northern Ireland legislation establishing or regulating the charity or to make any other provision which goes or might go beyond the powers exercisable by the Commission apart from this section, or that it is for any reason proper for the scheme to be subject to review by the Assembly, then (subject to subsection (6)) the Commission may settle a scheme accordingly with a view to its being given effect under this section.
(2) A scheme settled by the Commission under this section may be given effect by order of the Department, and a draft of the order shall be laid before the Assembly.
(3) In the case of a scheme which goes beyond the powers exercisable apart from this section in altering a statutory provision contained in or having effect under any public general Act of Parliament of the United Kingdom or Northern Ireland legislation, the order shall not be made unless the draft has been approved by resolution of the Assembly.
(4) Subject to subsection (5), any provision of a scheme brought into effect under this section may be modified or superseded by the Court or the Commission as if it were a scheme brought into effect by order of the Commission under section 31.
(5) Where subsection (3) applies to a scheme, the order giving effect to it may direct that the scheme shall not be modified or superseded by a scheme brought into effect otherwise than under this section, and may also direct that that subsection shall apply to any scheme modifying or superseding the scheme to which the order gives effect.
(6) The Commission shall not proceed under this section without the like application and the like notice to the charity trustees, as would be required if it was proceeding (without an order of the Court) under section 31; but on any application for a scheme, or in a case where it acts by virtue of subsection (6) or (7) of that section, the Commission may proceed under this section or that section as appears to it appropriate.
(7) Notwithstanding anything in the trusts of a charity, no expenditure incurred in preparing or promoting a Bill in the Parliament of the United Kingdom or a Bill of the Assembly shall without the consent of the Court or the Commission be defrayed out of any moneys applicable for the purposes of a charity.
(8) Where the Commission is satisfied—
(a) that the whole of the income of a charity cannot in existing circumstances be effectively applied for the purposes of the charity; and
(b) that, if those circumstances continue, a scheme might be made for applying the surplus cy-près; and
(c) that it is for any reason not yet desirable to make such a scheme;
then the Commission may by order authorise the charity trustees at their discretion (but subject to any conditions imposed by the order) to apply any accrued or accruing income for any purposes for which it might be made applicable by such a scheme, and any application authorised by the order shall be deemed to be within the purposes of the charity.
(9) An order under subsection (8) shall not extend to more than £300 out of income accrued before the date of the order, not to income accruing more than 3 years after that date, nor to more than £100 out of the income accruing in any of those 3 years.
33.—(1) Where, at any time after it has instituted an inquiry under section 22 with respect to any charity, the Commission is satisfied—
(a) that there is or has been any misconduct or mismanagement in the administration of the charity; or
(b) that it is necessary or desirable to act for the purpose of protecting the property of the charity or securing a proper application for the purposes of the charity of that property or of property coming to the charity,
the Commission may of its own motion do one or more of the following things—
(i) by order suspend any person who is a trustee, charity trustee, officer, agent or employee of the charity from the exercise of that person’s office or employment pending consideration being given to that person’s removal (whether under this section or otherwise);
(ii) by order appoint such number of additional charity trustees as it considers necessary for the proper administration of the charity;
(iii) by order vest any property held by or in trust for the charity in the official custodian, or require the persons in whom any such property is vested to transfer it to the official custodian, or appoint any person to transfer any such property to the official custodian;
(iv) order any person who holds any property on behalf of the charity, or of any trustee for it, not to part with the property without the approval of the Commission;
(v) order any debtor of the charity not to make any payment in or towards the discharge of liability to the charity without the approval of the Commission;
(vi) by order restrict (notwithstanding anything in the trusts of the charity) the transactions which may be entered into, or the nature or amount of the payments which may be made, in the administration of the charity without the approval of the Commission;
(vii) by order appoint (in accordance with section 35) an interim manager, who shall act as receiver and manager in respect of the property and affairs of the charity.
(2) Where, at any time after it has instituted an inquiry under section 22 with respect to any charity, the Commission is satisfied—
(a) that there is or has been any misconduct or mismanagement in the administration of the charity; and
(b) that it is necessary or desirable to act for the purpose of protecting the property of the charity or securing a proper application for the purposes of the charity of that property or of property coming to the charity,
the Commission may of its own motion do either or both of the following things—
(i) by order remove any trustee, charity trustee, officer, agent or employee of the charity who has been responsible for or privy to the misconduct or mismanagement or whose conduct has contributed to it or facilitated it;
(ii) by order establish a scheme for the administration of the charity.
(3) The references in subsections (1) or (2) to misconduct or mismanagement shall (notwithstanding anything in the trusts of the charity) extend to the employment for the remuneration or reward of persons acting in the affairs of the charity, or for other administrative purposes, of sums which are excessive in relation to the property which is or is likely to be applied or applicable for the purposes of the charity.
(4) The Commission may also remove a charity trustee by order made of its own motion—
(a) where, within the last 5 years, the trustee—
(i) having previously been adjudged bankrupt or had estate sequestrated, has been discharged, or
(ii) having previously made a composition or arrangement with, or granted a trust deed for, creditors, has been discharged in respect of it;
(b) where the trustee is a corporation in liquidation;
(c) where the trustee is incapable of acting by reason of mental disorder within the meaning of the Mental Health (Northern Ireland) Order 1986 (NI 4);
(d) where the trustee has not acted, and will not declare willingness or unwillingness to act;
(e) where the trustee is outside Northern Ireland or cannot be found or does not act, and that absence or failure to act impedes the proper administration of the charity.
(5) The Commission may by order made of its own motion appoint a person to be a charity trustee—
(a) in place of a charity trustee removed by the Commission under this section or otherwise;
(b) where there are no charity trustees, or where by reason of vacancies in their number or the absence or incapacity of any of their number the charity cannot apply for the appointment;
(c) where there is a single charity trustee, not being a corporation aggregate, and the Commission is of opinion that it is necessary to increase the number for the proper administration of the charity;
(d) where the Commission is of opinion that it is necessary for the proper administration of the charity to have an additional charity trustee because one of the existing charity trustees who ought nevertheless to remain a charity trustee either cannot be found or does not act or is outside Northern Ireland.
(6) The powers of the Commission under this section to remove or appoint charity trustees of its own motion shall include power to make any such order with respect to the vesting in or transfer to the charity trustees of any property as the Commission could make on the removal or appointment of a charity trustee by it under section 31.
(7) Any order under this section for the removal or appointment of a charity trustee or trustee for a charity, or for the vesting or transfer of any property, shall be of the like effect as an order made under section 31.
(8) The power of the Commission to make an order under subsection (1)(i) shall not be exercisable so as to suspend any person (P) from the exercise of office or employment for a period of more than 12 months; but (without prejudice to the generality of section 175(1)), any such order made in the case of P may make provision as respects the period of P’s suspension for matters arising out of it, and in particular for enabling any person to execute any instrument in P’s name or otherwise act for P and, in the case of a charity trustee, for adjusting any rules governing the proceedings of the charity trustees to take account of the reduction in the number capable of acting.
(9) Before exercising any jurisdiction under this section otherwise than by virtue of subsection (1), the Commission shall give notice of its intention to do so to each of the charity trustees, except any that cannot be found or has no known address; and any such notice may be given by post and, if given by post, may be addressed to the recipient’s last known address.
(10) The Commission shall, at such intervals as it thinks fit, review any order made by it under paragraph (i), or any of paragraphs (iii) to (vii), of subsection (1); and, if on any such review it appears to the Commission that it would be appropriate to discharge the order in whole or in part, the Commission shall so discharge it (whether subject to any savings or other transitional provisions or not).
(11) Any person who contravenes an order under subsection (1)(iv), (v) or (vi), is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(12) Subsection (11) shall not be taken to preclude the bringing of proceedings for breach of trust against any charity trustee or trustee for a charity in respect of a contravention of an order under subsection (1)(iv) or (vi) (whether proceedings in respect of the contravention are brought against that person under subsection (11) or not).
34.—(1) This section applies where the Commission makes—
(a) an order under section 33(1) suspending from office or employment any trustee, charity trustee, officer, agent or employee of a charity, or
(b) an order under section 33(2) removing from office or employment any officer, agent or employee of a charity,
and the trustee, charity trustee, officer, agent or employee (as the case may be) is a member of the charity.
(2) If the order suspends the person in question from office or employment, the Commission may also make an order suspending that person’s membership of the charity for the period for which that person is suspended from office or employment.
(3) If the order removes the person in question from office or employment, the Commission may also make an order—
(a) terminating that person’s membership of the charity, and
(b) prohibiting that person from resuming membership of the charity without the Commission’s consent.
(4) If an application for the Commission’s consent under subsection (3)(b) is made 5 years or more after the order was made, the Commission must grant the application unless satisfied that, by reason of any special circumstances, it should be refused.
35.—(1) The Commission may under section 33(1)(vii) appoint to be interim manager in respect of a charity such person as it thinks fit.
(2) Without prejudice to the generality of section 175(1), any order made by the Commission under section 33(1)(vii) may make provision with respect to the functions to be discharged by the interim manager appointed by the order; and those functions shall be discharged by the interim manager under the supervision of the Commission.
(3) In connection with the discharge of those functions any such order may provide—
(a) for the interim manager appointed by the order to have such powers and duties of the charity trustees of the charity concerned (whether arising under this Act or otherwise) as are specified in the order;
(b) for any powers or duties exercisable or falling to be performed by the interim manager by virtue of paragraph (a) to be exercisable or performed by the interim manager to the exclusion of those trustees.
(4) Where a person has been appointed interim manager by any such order—
(a) section 49 shall apply to that person and to that person’s functions as a person so appointed as it applies to a charity trustee of the charity concerned and to the duties of a charity trustee as such; and
(b) the Commission may apply to the Court for directions in relation to any particular matter arising in connection with the discharge of those functions.
(5) The Court may on an application under subsection (4)(b)—
(a) give such directions, or
(b) make such orders declaring the rights of any persons (whether before the Court or not),
as it thinks just; and the costs of any such application shall be paid by the charity concerned.
(6) Regulations made by the Department may make provision with respect to—
(a) the appointment and removal of persons appointed in accordance with this section;
(b) the remuneration of such persons out of the income of the charities concerned;
(c) the making of reports to the Commission by such persons.
(7) Regulations under subsection (6) may, in particular, authorise the Commission—
(a) to require a person so appointed to give security for the due discharge of that person’s functions;
(b) to determine the amount of that person’s remuneration;
(c) to allow any amount of remuneration in such circumstances as are prescribed by the regulations.
36.—(1) This section applies where, at any time after the Commission has instituted an inquiry under section 22 with respect to any charity, it is satisfied as mentioned in section 33(1)(a) or (b).
(2) The Commission may by order direct—
(a) the charity trustees,
(b) any trustee for the charity,
(c) any officer or employee of the charity, or
(d) (if a body corporate) the charity itself,
to take any action specified in the order which the Commission considers to be expedient in the interests of the charity.
(3) An order under this section—
(a) may require action to be taken whether or not it would otherwise be within the powers exercisable by the person or persons concerned, or by the charity, in relation to the administration of the charity or to its property, but
(b) may not require any action to be taken which is prohibited by any statutory provision or expressly prohibited by the trusts of the charity or is inconsistent with its purposes.
(4) Anything done by a person or body under the authority of an order under this section shall be deemed to be properly done in the exercise of the powers mentioned in subsection (3)(a).
(5) Subsection (4) does not affect any contractual or other rights of any other person arising in respect of anything which has been done under the authority of such an order.
37.—(1) This section applies where the Commission is satisfied—
(a) that a person or persons in possession or control of any property held by or on trust for a charity is or are unwilling to apply it properly for the purposes of the charity, and
(b) that it is necessary or desirable to make an order under this section for the purpose of securing a proper application of that property for the purposes of the charity.
(2) The Commission may by order direct the person or persons concerned to apply the property in such manner as is specified in the order.
(3) An order under this section—
(a) may require action to be taken whether or not it would otherwise be within the powers exercisable by the person or persons concerned in relation to the property, but
(b) may not require any action to be taken which is prohibited by any statutory provision or expressly prohibited by the trusts of the charity.
(4) Anything done by a person under the authority of an order under this section shall be deemed to be properly done in the exercise of the powers mentioned in subsection (3)(a).
(5) Subsection (4) does not affect any contractual or other rights of any other person arising in respect of anything which has been done under the authority of such an order.
38.—(1) Where the Commission makes an order under section 33, 34, 36 or 37, it must send the documents mentioned in subsection (2)—
(a) to the charity concerned (if a body corporate), or
(b) (if not) to each of the charity trustees.
(2) The documents are—
(a) a copy of the order, and
(b) a statement of the Commission’s reasons for making it.
(3) The documents must be sent to the charity or charity trustees as soon as practicable after the making of the order.
(4) The Commission need not, however, comply with subsection (3) in relation to the documents, or (as the case may be) the statement of its reasons, if it considers that to do so—
(a) would prejudice any inquiry or investigation, or
(b) would not be in the interests of the charity;
but, once the Commission considers that this is no longer the case, it must send the documents, or (as the case may be) the statement, to the charity or charity trustees as soon as practicable.
(5) Nothing in this section requires any document to be sent to a person who cannot be found or who has no known address.
39.—(1) The Commission may not—
(a) make any order under this Act to establish a scheme for the administration of a charity, or
(b) submit such a scheme to the Court or the Department for an order giving it effect,
unless, before doing so, the Commission has complied with the publicity requirement in subsection (2).
This is subject to any disapplication of that requirement under subsection (4).
(2) The publicity requirement is that the Commission must give public notice of its proposals, inviting representations to be made to it within a period specified in the notice.
(3) The time when any such notice is given or any such communication takes place is to be decided by the Commission.
(4) The Commission may determine that the publicity requirement is not to apply in relation to a particular scheme if it is satisfied that—
(a) by reason of the nature of the scheme, or
(b) for any other reason,
compliance with the requirement is unnecessary.
(5) Where the Commission gives public notice of any proposals under this section, the Commission—
(a) must take into account any representations made to it within the period specified in the notice, and
(b) may (without further notice) proceed with the proposals either without modifications or with such modifications as it thinks desirable.
(6) Where the Commission makes an order under this Act to establish a scheme for the administration of a charity, a copy of the order must be available, for at least a month after the order is published, for public inspection at all reasonable times at the Commission’s office.
(7) Any public notice of any proposals which is to be given under this section—
(a) is to contain such particulars of the proposals, or such directions for obtaining information about them, as the Commission thinks sufficient and appropriate, and
(b) is to be given in such manner as the Commission thinks sufficient and appropriate.
Charities Act (Northern Ireland) 2008