Part 13Unincorporated charities
F1Charity established etc by Royal charter: general power to amend
280CPower to amend Royal charter
1
This section applies to any charity which is established or regulated by Royal charter.
2
The charity trustees of such a charity may resolve that the Royal charter should be amended in such manner as is specified in the resolution if—
a
they are satisfied that it is expedient in the interests of the charity to do so, and
b
there is no power under the Royal charter to make the proposed amendment.
3
Subsection (4) applies in the case of a charity which has a body of members distinct from the charity trustees, any of whom are entitled under the Royal charter to attend and vote at a general meeting of the body.
4
In the case of a charity to which this subsection applies, a resolution under subsection (2) may not be approved under subsection (6) unless—
a
it is passed by a majority of the charity trustees of the charity, and
b
it is approved by a further resolution which is passed—
i
at a general meeting, by not less than 75% of the members entitled to attend and vote at the meeting who vote on the resolution,
ii
at a general meeting, by a decision taken without a vote and without any expression of dissent in response to the question put to the meeting, or
iii
otherwise than at a general meeting, by the agreement of all the members entitled to attend and vote at a general meeting.
5
6
A resolution under this section takes effect when it is approved by Her Majesty by Order in Council.
S. 280C and cross-heading inserted (31.10.2022) by Charities Act 2022 (c. 6), ss. 4, 41(4); S.I. 2022/1109, Sch. para. 1