Charities Act (Northern Ireland) 1964

N.I. Cy-près jurisdiction of Ministry, etc.

13 F1 Cy-près powers of Ministry. N.I.

(1 )F2 The Ministry may, in the cases and circumstances specified in sections 22 and 23, make a cy-près scheme for the application to charitable purposes of any property given for charitable purposes if the aggregate value of the property to be comprised in the scheme does not exceed[F3 £50,000].

(2) Before making a scheme under this section the Ministry shall give notice, in such manner as the Ministry considers appropriate for the purpose of bringing the proposed scheme to the attention of persons interested in the charity, of the intention of the Ministry to make the scheme.

(3) A notice under subsection (2)—

(a) shall contain particulars of the objects of the proposed schemes, so far as it is practicable to give them; and

(b) shall specify a period (not being less than twenty-eight days) within which any objections to or suggestions in relation to the proposed scheme may be sent to the Ministry.

(4) The Ministry shall consider any objections and suggestions sent to it under subsection (3)( b) and may take such action thereon as it considers appropriate.

(5) Subsection (2) shall not be construed as requiring the Ministry to give any notice of any modification which the Ministry proposes to make to a scheme prepared under this section following any objections or suggestions sent to it under subsection (3)( b) but the Ministry may, if it thinks fit, give notice of any such modification.

(6) The Ministry shall, within fourteen days after making a scheme under this section, give notice of the effect thereof in such manner as the Ministry considers appropriate for the purpose of bringing the scheme to the attention of persons interested in the charity concerned.

(7) The Ministry may make a scheme under this section in relation to any property notwithstanding that that property is applicable for a charitable purpose by virtue of a scheme made by the Court.

(8) Any person having an interest may within twenty-eight days after the date of the first publication, in pursuance of subsection (6), of notice of the effect of a scheme under this section, appeal to the Court in relation to the scheme.

(9) Where a person appeals to the Court in relation to a scheme made under this section, the Ministry shall, within seven days after the date on which it receives notice of the appeal, give notice to the Attorney-General that such an appeal is being made.

F1 1972 NI 12

F2 1980 c.9

F3 1987 NI 19

14 Misdescribed charitable beneficiaries in wills. N.I.

(1) Where—

(a) under the will of any deceased person (in this section referred to as “the testator” ) property not exceeding[F4 £2,500] in value is devised or bequeathed to any institution; and

(b) the personal representatives of the testator are satisfied—

(i) that no such institution as is described in the will of the testator exists; and

(ii) that the testator intended to devise or bequeath the property to a charity;

they may transfer the property to the Ministry, if the Ministry agrees to accept it.

(2) A receipt given by the Ministry in respect of any property accepted by it under subsection (1) shall be a full discharge to the personal representatives who transferred that property to the Ministry.

(3) The Ministry may accept any property under subsection (1) only if it is satisfied that the testator intended to devise or bequeath the property to a charity.

(4) Where the Ministry accepts any property under subsection (1) it shall endeavour to ascertain the charity to which the testator intended to devise or bequeath the property; and—

(a) if the Ministry is satisfied that a specific charity is the devisee or legatee intended by the testator, it shall, if the Attorney-General consents, transfer the property to that charity;

(b) if the Ministry is unable to satisfy itself as to which charity in a class of charities is the devisee or legatee intended by the testator but is satisfied that the testator intended to devise or bequeath the property to a charity in that class, it shall, if the Attorney-General consents, either—

(i) transfer the property to such charity in that class as appears to the Ministry to be appropriate having regard to the intentions of the testator; or

(ii) distribute the property, in such proportions as the Ministry thinks fit, among such charities in that class as appear to the Ministry to be appropriate having regard to the intentions of the testator;

(c) if the Ministry is not satisfied as mentioned in paragraph ( b), but it appears to the Ministry that the testator intended to give the property for charitable purposes generally, it shall, if the Attorney-General consents, transfer the property to such charity as appears to the Ministry to be appropriate having regard to the intentions of the testator.

F4 1987 NI 19