Charities Act 1993 : Chapter 10.

  • Great Britain.
Date:
[1993]
Catalogue details

Licence: Open Government Licence

Credit: Charities Act 1993 : Chapter 10. Source: Wellcome Collection.

    21/108 (page 13)
    (5) Where property is applied cy-pres by virtue of this section, the donor shall be deemed to have parted with all his interest at the time when the gift was made; but where property is so applied as belonging to donors who cannot be identified or cannot be found, and is not so applied by virtue of subsection (3) or (4) above— (a) the scheme shall specify the total amount of that property; and (b) the donor of any part of that amount shall be entitled, if he makes a claim not later than six months after the date on which the scheme is made, to recover from the charity for which the property is applied a sum equal to that part, less any expenses properly incurred by the charity trustees after that date in connection with claims relating to his gift; and (c) the scheme may include directions as to the provision to be made for meeting any such claim. (6) Where— (a) any sum is, in accordance with any such directions, set aside for meeting any such claims, but (b) the aggregate amount of any such claims actually made exceeds the relevant amount, then, if the Commissioners so direct, each of the donors in question shall be entitled only to such proportion of the relevant amount as the amount of his claim bears to the aggregate amount referred to in paragraph (b) above; and for this purpose “‘the relevant amount” means the amount of the sum so set aside after deduction of any expenses properly incurred by the charity trustees in connection with claims relating to the donors’ gifts. (7) For the purposes of this section, charitable purposes shall be deemed to “fail” where any difficulty in applying property to those purposes makes that property or the part not applicable cy-pres available to be returned to the donors. (8) In this section “‘prescribed”’ means prescribed by regulations made by the Commissioners; and such regulations may, as respects the advertisements which are to be published for the purposes of subsection (1)(a) above, make provision as to the form and content of such advertisements as well as the manner in which they are to be published. (9) Any regulations made by the Commissioners under this section shall be published by the Commissioners in such manner as they think fit. (10) In this section, except in so far as the context otherwise requires, references to a donor include persons claiming through or under the original donor, and references to property given include the property for the time being representing the property originally given or property derived from it. (11) This section shall apply to property given for charitable purposes, notwithstanding that it was so given before the commencement of this Act. 15.—(1) Where a Royal charter establishing or regulating a body corporate is amendable by the grant and acceptance of a further charter, a scheme relating to the body corporate or to the administration of property held by the body (including a scheme for the cy-pres application of any such property) may be made by the court under the court’s jurisdiction with respect to charities notwithstanding that the scheme ParRT IV Charities governed by charter, or by or under statute.