PART 1

Purposes, powers and governing documents

Charities established etc by Royal charter or Act

Power to amend Royal charter
4
After section 280B of the Charities Act 2011 (as inserted by section 3) insert—

Charity established etc by Royal charter: general power to amend

Power to amend Royal charter
280C
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
In the case of any other charity to which this section applies, a resolution under subsection (2) may not be approved under subsection (6) unless it is passed by not less than 75% of the charity trustees of the charity.
6
A resolution under this section takes effect when it is approved by Her Majesty by Order in Council.
S. 4 not in force at Royal Assent, see s. 41(4)
S. 4 in force at 31.10.2022 by S.I. 2022/1109, Sch. para. 1