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Charities Act 2011

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Changes over time for: Section 73

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Changes to legislation:

Charities Act 2011, Section 73 is up to date with all changes known to be in force on or before 03 March 2025. 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. Help about Changes to Legislation

73Powers to make schemes altering provision made by Acts, etc.E+W

(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 [F1Secretary of State].

F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F4... Any provision of a scheme brought into effect under this section may be modified or superseded by the court or the Commission as if it were a scheme brought into effect by order of the Commission under section 69.

F5(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.

Textual Amendments

F4Words 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

Modifications etc. (not altering text)

C1Ss. 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))

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