Part 6Cy-près powers and assistance and supervision of charities by court and Commission

Cy-près powers and variation of charters

67AF1Proceeds of fund-raising: power of charity trustees to apply cy-près

1

Subsection (2) applies if—

a

money or other property is solicited to enable a charity to further specific charitable purposes,

b

money or other property is given as a result of that solicitation, and

c

some or all of that money or other property (or the property for the time being representing it or derived from it) is applicable cy-près by virtue of section 62(1)(a) or (b) or 63A.

2

The charity trustees of the charity may resolve that all the money or other property which is applicable cy-près by virtue of section 62(1)(a) or (b) or 63A be applied for such charitable purposes specified in the resolution as they consider appropriate, having regard to—

a

the desirability of securing that the purposes are, so far as reasonably practicable, similar to the specific charitable purposes for which the money or other property was given;

b

the need for the purposes to be suitable and effective in the light of current social and economic circumstances.

3

A resolution under this section must be passed by a majority of the charity trustees.

4

If a resolution passed under this section concerns money or other property with a value exceeding £1,000—

a

the charity trustees must send a copy of the resolution to the Commission, together with a statement of their reasons for passing it, and

b

the resolution does not have effect until the date on which the Commission consents to it in writing.

5

The Secretary of State may by regulations amend subsection (4) by substituting a different sum for the sum for the time being specified there.