Part 6

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

Powers of Commission to make schemes etc.

Powers to make schemes altering provision made by Acts, etc.
73
1
If it appears to the Commission that a scheme should be established for the administration of a charity, but also—
a
that it is necessary or desirable for the scheme—
i
to alter the provision made by an Act establishing or regulating the charity, or
ii
to make any other provision which goes or might go beyond the powers exercisable by the Commission apart from this section, or
b
that it is for any reason proper for the scheme to be subject to parliamentary review,
the Commission may (subject to subsection (7)) settle a scheme accordingly with a view to its being given effect under this section.
2
A scheme settled by the Commission under this section may be given effect by order of the Secretary of State.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
... Any provision of a scheme brought into effect under this section may be modified or superseded by the court or the Commission as if it were a scheme brought into effect by order of the Commission under section 69.
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
The Commission must not proceed under this section without the same application, and the same notice to the charity trustees, as would be required if the Commission was proceeding (without an order of the court) under section 69.
8
But on any application for a scheme, or in a case where it acts by virtue of section 70(5) or (6), the Commission may proceed under this section or section 69 as appears to it appropriate.
Ss. 73(1)-(6) applied by 1987 c. 3, s. 5(8) (as substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 47(2) (with s. 20(2), Sch. 8))
Words in s. 73(2) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 25(2)(n) (with art. 12)
S. 73(6) omitted (31.10.2022) by virtue of Charities Act 2022 (c. 6), ss. 5(c), 41(4); S.I. 2022/1109, Sch. para. 2
S. 73(3) omitted (31.10.2022) by virtue of Charities Act 2022 (c. 6), ss. 5(a), 41(4); S.I. 2022/1109, Sch. para. 2
S. 73(4) omitted (31.10.2022) by virtue of Charities Act 2022 (c. 6), ss. 5(a), 41(4); S.I. 2022/1109, Sch. para. 2
Words in s. 73(5) omitted (31.10.2022) by virtue of Charities Act 2022 (c. 6), ss. 5(b), 41(4); S.I. 2022/1109, Sch. para. 2