Search Legislation

Charities Act 2022

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 6

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Charities Act 2022, Section 6. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

6Cy-près powersE+W

This section has no associated Explanatory Notes

(1)For sections 63 to 65 of the Charities Act 2011 (which deal with the application of property cy-près) substitute—

63AFailure of specific charitable purposes: application cy-près

(1)Property given for specific charitable purposes which fail is applicable cy-près as if given for charitable purposes generally, if—

(a)the court or the Commission by order so direct, or

(b)the condition specified in subsection (3), (4) or (6) is met.

(2)An order may be made under subsection (1)(a) if it appears to the court or the Commission—

(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.

(3)The condition in this subsection is met if—

(a)the property is a single gift of £120 or less, and

(b)the charity trustees reasonably believe that during the financial year of the charity in which it is given the total amount given by the donor to the charity for the specific charitable purposes is £120 or less,

unless at the time of giving the gift the donor states in writing that the gift must be returned if the specific charitable purposes fail.

(4)The condition in this subsection is met if the property is given by a donor who, after the agreed actions are taken, is not identified or is not found.

(5)The “agreed actions” are those agreed in writing between the charity trustees and the Commission as being reasonable in all the circumstances of the case to identify and find donors.

(6)The condition in this subsection is met if the property consists of—

(a)the proceeds of cash collections made—

(i)by means of collecting boxes, or

(ii)by other means not adapted for distinguishing one gift from another, or

(b)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.

(7)The Secretary of State may by regulations amend subsection (3)(a) or (b) by substituting a different sum for the time being specified there.

(2)The Charities (Failed Appeals) Regulations 2008 are revoked.

(3)The amendments made by this section apply to property given for charitable purposes whenever given.

Commencement Information

I1S. 6 not in force at Royal Assent, see s. 41(4)

I2S. 6 in force at 31.10.2022 by S.I. 2022/1109, Sch. para. 3 (with reg. 5)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources