4(1)If [F1Charity Commission considers] that paragraph 3(1) should not apply to all or any of the charitable property held for the purposes of a disbanded unit, [F2it] may make an order providing that paragraph 3(1) shall not apply or shall cease to apply to that property or part.U.K.
(2)An order under this paragraph may be made at any time within the period of 6 months beginning with the day on which the warrant is made.
Textual Amendments
F1Words in Sch. 5 para. 4(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 181(3)(a); S.I. 2007/309, art. 2, Sch.
F2Word in Sch. 5 para. 4(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 181(3)(b); S.I. 2007/309, art. 2, Sch.
5(1)If a charity affected by a warrant or any trustee of, or person interested in, such a charity considers that paragraph 3(1) should not apply to all or any of the property held by the charity for the purposes of the disbanded unit in question, then the charity, trustee or person interested, as the case may be, may apply to the court for an order providing that paragraph 3(1) shall cease to apply to that property or part.U.K.
[F3(2)An application under this paragraph—
(a)may be made at any time within the period of 6 months beginning with the day on which the warrant comes into force; and
(b)is subject to subsections (2) to (5) of section 115 of the Charities Act 2011 (proceedings not to be begun without the consent of the Charity Commission or leave of a judge of the High Court),
and for the purposes of subsection (5) of that section an application for an order of the Commission authorising proceedings under this paragraph is deemed to be refused if it is not granted during the period of one month beginning with the day on which the application is received by the Commission.
(3)In this paragraph “the court” has the same meaning as in the Charities Act 2011.]
Textual Amendments
F3Sch. 5 para. 5(2)(3) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 69(2) (with s. 20(2), Sch. 8)