Part 6

Cy-près powers and assistance and supervision of charities by court and Commission

Legal proceedings relating to charities

Petitions for winding up charities under Insolvency Act
113
1
This section applies where a charity may be wound up by the High Court under the Insolvency Act 1986.
2
A petition for the charity to be wound up under the 1986 Act by any court in England or Wales having jurisdiction may be presented by the Attorney General, as well as by any person authorised by that Act.
3
Such a petition may also be presented by the Commission if, at any time after it has instituted an inquiry under section 46 with respect to the charity, it is satisfied either as mentioned in section 76(1)(a) (misconduct or mismanagement etc.) or as mentioned in section 76(1)(b) (need to protect property etc.).
4
The power exercisable by the Commission by virtue of this section is exercisable—
a
by the Commission of its own motion, but
b
only with the agreement of the Attorney General on each occasion.