Part 13Unincorporated charities

Powers to alter purposes or powers etc. of unincorporated charity

275Resolution to replace purposes of unincorporated charity

1

This section applies to a charity if—

a

its gross income in its last financial year did not exceed £10,000,

b

it does not hold any designated land, and

c

it is not a company or other body corporate.

Designated land” means land held on trusts which stipulate that it is to be used for the purposes, or any particular purposes, of the charity.

2

The charity trustees of such a charity may resolve for the purposes of this section that the trusts of the charity should be modified by replacing all or any of the purposes of the charity with other purposes specified in the resolution.

3

The other purposes so specified must be charitable purposes.

4

But the charity trustees of a charity do not have power to pass a resolution under subsection (2) unless they are satisfied—

a

that it is expedient in the interests of the charity for the purposes in question to be replaced, and

b

that, so far as is reasonably practicable, the new purposes consist of or include purposes that are similar in character to those that are to be replaced.

5

Any resolution under subsection (2) must be passed by a majority of not less than two-thirds of the charity trustees who vote on the resolution.

6

Where charity trustees have passed a resolution under subsection (2), they must send a copy of it to the Commission, together with a statement of their reasons for passing it.