Charities Act (Northern Ireland) 1964

24 Gifts for mixed purposes. N.I.

(1) Where—

(a) property is given for purposes so described that, consistently with the terms of the gift the property could all be used for charitable purposes but could equally well be used wholly or partly for purposes which are not charitable; and

(b) the gift would, but for this section, be invalid;

the gift shall have effect as a gift for such charitable purposes as may be determined by a scheme made in accordance with subsection (2) by the Court or, if the value of the property comprised in the gift does not exceed[F1 £50,000], by the Ministry.

(2) Where the terms of a gift and the surrounding circumstances appear to the Court or, as the case may be, the Ministry to show a predominant intention on the part of the donor to further a particular charitable purpose the Court or, as the case may be, the Ministry shall, in making a scheme under subsection (1), have regard, so far as practicable, to that intention.

(3) Where—

(a) property is disposed of by way of successive gifts so that a gift is dependent upon a prior gift; and

(b) the prior gift has been made the subject of a scheme under this section;

any gift dependent upon the prior gift shall have the like effect as it would have had if the prior gift had at all times been for the purposes determined by that scheme.

(4) Section 13 shall, subject to any necessary modifications, apply to any scheme made by the Ministry under subsection (1) as it applies to a cy-près scheme made by the Ministry.

F1 1987 NI 19