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Charities Act (Northern Ireland) 1964

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10Incorporation schemes for charity trustees.N.I.

(1)The trustees of a charity may apply to the Ministry for a scheme of incorporation under this section.

(2)Where an application is made to it under subsection (1) the Ministry may make a scheme establishing, upon such terms and conditions as the Ministry may specify in the scheme, trustees of the property belonging to the charity as a body corporate and vesting that property in that body in accordance with section 11.

(3)A scheme under this section may—

(a)contain provisions with respect to the choice and appointment of trustees of the body incorporated thereunder and provisions for the management by or on behalf of those trustees of the trusts which apply to the charity;

(b)contain provisions requiring or entitling any person to produce, execute or hand over any documents or to do any other act or thing necessary to secure the vesting of the property belonging to the charity pursuant to the scheme;

(c)contain such transitional, incidental and supplemental provisions as appear to the Ministry to be necessary for the purposes of the scheme; and

(d)be amended from time to time by a subsequent scheme made by the Ministry upon application made to it by or on behalf of the body corporate established by the scheme or by any interested person.

(4)A scheme under this section shall, if it contains words applying section 19 of the Interpretation Act (Northern Ireland) 1954 M1 to the body corporate established by the scheme, have the like effect by virtue of that section as if it were an Act passed after the commencement of that Act but, whether or not a scheme under this section contains such words, every body corporate established by the scheme shall have a corporate seal and power to sue in its corporate name as well as power to do every act or thing necessary for the administration of the trusts applying to the charity.

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