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Charities Act 2011
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Charities Act 2011, Section 85 is up to date with all changes known to be in force on or before 21 September 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 106(1)-(1B) substituted for s. 106(1) by 2022 c. 6 s. 16(a)
- s. 117(3)(aa) inserted by 2022 c. 6 s. 18(2)(a)
- s. 122(2)(2A) substituted for s. 122(2) by 2022 c. 6 s. 23(2)(a)
- s. 122(4)(4A) substituted for s. 122(4) by 2022 c. 6 s. 23(2)(c)
- s. 122(5)(5A) substituted for s. 122(5)(6) by 2022 c. 6 s. 23(2)(d)
- s. 124(9)(aa) inserted by 2022 c. 6 s. 18(3)(a)
- s. 125(1)(1A) substituted for s. 125(1) by 2022 c. 6 s. 23(3)(a)
- s. 184B and cross-heading inserted by 2022 c. 6 s. 29
- s. 186A inserted by 2022 c. 6 s. 31
- s. 198(2A) inserted by 2022 c. 6 s. 1(3)
- s. 226(2A) inserted by 2022 c. 6 s. 2(2)(b)
- s. 227(1A)-(1C) inserted by 2022 c. 6 s. 2(3)(a)
- s. 239(3)(4) substituted for s. 239(3) by 2022 c. 6 s. 33(2)
- s. 244(2)(3) substituted for s. 244(2) by 2022 c. 6 s. 33(3)
- s. 280A 280B and cross-heading inserted by 2022 c. 6 s. 3(2)
- s. 311(2)(2A) substituted for s. 311(2) by 2022 c. 6 s. 33(4)
- s. 322(2)(ea) inserted by 2022 c. 6 Sch. 2 para. 26
- s. 331A 331B and cross-heading inserted by 2022 c. 6 s. 15
85Power to direct application of charity propertyE+W
(1)This section applies where the Commission is satisfied—
(a)that a person or persons in possession or control of any property held by or on trust for a charity is or are unwilling [F1or unable] to apply it properly for the purposes of the charity, and
(b)that it is necessary or desirable to make an order under this section for the purpose of securing a proper application of that property for the purposes of the charity.
(2)The Commission may by order direct the person or persons concerned to apply the property in such manner as is specified in the order.
(3)An order under this section—
(a)may require action to be taken whether or not it would otherwise be within the powers exercisable by the person or persons concerned in relation to the property, but
(b)may not require any action to be taken which is prohibited by any Act [F2or Measure] or expressly prohibited by the trusts of the charity.
(4)Anything done by a person under the authority of an order under this section is to be treated as properly done in the exercise of the powers mentioned in subsection (3)(a).
(5)Subsection (4) does not affect any contractual or other rights arising in connection with anything which has been done under the authority of such an order.
[F3(6)Subsection (5) does not apply to rights of the charity or of a charity trustee or trustee for the charity in that capacity.]
Textual Amendments
F1Words in s. 85(1)(a) inserted (31.7.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 8(2), 17(4); S.I. 2016/815, reg. 2(g)
F2Words in s. 85(3)(b) inserted (coming into force in accordance with s. 53(6)(7) of the amending Measure) by Cathedrals Measure 2021 (No. 2), s. 8(2) (with ss. 42(4), 48, 52(1))
F3S. 85(6) inserted (31.7.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 8(3), 17(4); S.I. 2016/815, reg. 2(g)
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