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Charities Act 2006

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This is the original version (as it was originally enacted).

42Power to modify powers or procedures

This section has no associated Explanatory Notes

After section 74C of the 1993 Act (inserted by section 41 above) insert—

74DPower to modify powers or procedures of unincorporated charity

(1)This section applies to any charity which is not a company or other body corporate.

(2)The charity trustees of such a charity may resolve for the purposes of this section that any provision of the trusts of the charity—

(a)relating to any of the powers exercisable by the charity trustees in the administration of the charity, or

(b)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)Subsection (4) applies if the charity is an unincorporated association with a body of members distinct from the charity trustees.

(4)Any resolution of the charity trustees under subsection (2) must be approved by a further resolution which is passed at a general meeting of the body either—

(a)by a majority of not less than two-thirds of the members entitled to attend and vote at the meeting who vote on the resolution, or

(b)by a decision taken without a vote and without any expression of dissent in response to the question put to the meeting.

(5)Where—

(a)the charity trustees have passed a resolution under subsection (2), and

(b)(if subsection (4) applies) a further resolution has been passed under that subsection,

the trusts of the charity are to be taken to have been modified in accordance with the terms of the resolution.

(6)The trusts are to be taken to have been so modified as from such date as is specified for this purpose in the resolution under subsection (2), or (if later) the date when any such further resolution was passed under subsection (4).

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