Educational charitiesN.I.
78 .F1—(1) This Article applies to any trust deed or other instrument—
(a)which concerns property applicable for or in connection with the provision of education in any establishment in paragraphs 1 to 5 of the table in Article 24, and
(b)which in any way restricts the benefits available under the instrument to persons of one sex.
(2) If on the application of the trustees, or of the responsible body (as defined in Article 24), the Department of Finance is satisfied that the removal or modification of the restriction would conduce to the advancement of education without sex discrimination that Department may by order make such modifications of the instrument as appear to it expedient for removing or modifying the restriction, and for any supplemental or incidental purposes.
(3) If the trust was created by gift or bequest, no order shall be made until 25 years after the date on which the gift or bequest took effect, unless the donor or his personal representatives, or the personal representatives of the testator, have consented in writing to the making of the application for the order.
(4) The Department of Finance shall require the applicant to publish notice—
(a)containing particulars of the proposed order, and
(b)stating that representations may be made to that Department within a period specified in the notice.
(5) The period specified in the notice shall not be less than one month from the date of the notice.
(6) The applicants shall publish the notice in such manner as may be specified by the Department of Finance, and the cost of any publication of the notice may be defrayed out of the property of the trust.
(7) Before making the order the Department of Finance shall take into account any representations duly made in accordance with the notice.
F1functions transf. SR 1999/481