27 Power to authorise ex gratia payments etc.E+W
(1)Subject to subsection (3) below, [F1the Commission] may by order exercise the same power as is exercisable by the Attorney General to authorise the charity trustees of a charity—
(a)to make any application of property of the charity, or
(b)to waive to any extent, on behalf of the charity, its entitlement to receive any property,
in a case where the charity trustees—
(i)(apart from this section) have no power to do so, but
(ii)in all the circumstances regard themselves as being under a moral obligation to do so.
(2)The power conferred on [F2the Commission] by subsection (1) above shall be exercisable [F3by the Commission] under the supervision of, and in accordance with such directions as may be given by, the Attorney General; and any such directions may in particular require [F2the Commission], in such circumstances as are specified in the directions—
(a)to refrain from exercising that power; or
(b)to consult the Attorney General before exercising it.
(3)Where—
(a)an application is made to [F4the Commission for it] to exercise that power in a case where [F5it is not] precluded from doing so by any such directions, but
(b)[F6the Commission considers] that it would nevertheless be desirable for the application to be entertained by the Attorney General rather than [F7by the Commission],
[F8the Commission shall] refer the application to the Attorney General.
(4)It is hereby declared that where, in the case of any application made [F9to the Commission] as mentioned in subsection (3)(a) above, [F10the Commission determines] the application by refusing to authorise charity trustees to take any action falling within subsection (1)(a) or (b) above, that refusal shall not preclude the Attorney General, on an application subsequently made to him by the trustees, from authorising the trustees to take that action.
Textual Amendments
F1Words in s. 27(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(2); S.I. 2007/309, art. 2, Sch.
F2Words in s. 27(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(3)(a); S.I. 2007/309, art. 2, Sch.
F3Words in s. 27(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(3)(b); S.I. 2007/309, art. 2, Sch.
F4Words in s. 27(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(4)(a); S.I. 2007/309, art. 2, Sch.
F5Words in s. 27(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(4)(b); S.I. 2007/309, art. 2, Sch.
F6Words in s. 27(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(4)(c); S.I. 2007/309, art. 2, Sch.
F7Words in s. 27(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(4)(d); S.I. 2007/309, art. 2, Sch.
F8Words in s. 27(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(4)(e); S.I. 2007/309, art. 2, Sch.
F9Words in s. 27(4) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(5)(a); S.I. 2007/309, art. 2, Sch.
F10Words in s. 27(4) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(5)(b); S.I. 2007/309, art. 2, Sch.