Part IV Application of Property Cy-près and Assistance and Supervision of Charities by Court F21and Commission
F22Powers of Commission to make schemes and act for protection of charities etc.
Words in s. 16 cross-heading substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 108; S.I. 2007/309, art. 2, Sch.
16 Concurrent jurisdiction with High Court for certain purposes.
1
Subject to the provisions of this Act, F5the Commission may by order exercise the same jurisdiction and powers as are exercisable by the High Court in charity proceedings for the following purposes—
a
establishing a scheme for the administration of a charity;
b
appointing, discharging or removing a charity trustee or trustee for a charity, or removing an officer or employee;
c
vesting or transferring property, or requiring or entitling any person to call for or make any transfer of property or any payment.
2
Where the court directs a scheme for the administration of a charity to be established, the court may by order refer the matter to F6the Commission for it to prepare or settle a scheme in accordance with such directions (if any) as the court sees fit to give, and any such order may provide for the scheme to be put into effect by order of F7the Commission as if prepared under subsection (1) above and without any further order of the court.
C13
F8The Commission shall not have jurisdiction under this section to try or determine the title at law or in equity to any property as between a charity or trustee for a charity and a person holding or claiming the property or an interest in it adversely to the charity, or to try or determine any question as to the existence or extent of any charge or trust.
C24
Subject to the following subsections, F2the Commission shall not exercise its jurisdiction under this section as respects any charity, except—
a
on the application of the charity; or
b
on an order of the court under subsection (2) above; or
c
in the case of a charity other than an exempt charity, on the application of the Attorney General.
5
In the case of a charity which is not an exempt charity and whose F3gross income does not exceed £500 a year, F4the Commission may exercise its jurisdiction under this section on the application—
a
of any one or more of the charity trustees; or
b
of any person interested in the charity; or
c
of any two or more inhabitants of the area of the charity if it is a local charity.
6
Where in the case of a charity, other than an exempt charity, F9the Commission is satisfied that the charity trustees ought in the interests of the charity to apply for a scheme, but have unreasonably refused or neglected to do so and F10the Commission has given the charity trustees an opportunity to make representations to them, F11the Commission may proceed as if an application for a scheme had been made by the charity but F11the Commission shall not have power in a case where F12it acts by virtue of this subsection to alter the purposes of a charity, unless forty years have elapsed from the date of its foundation.
7
Where—
a
a charity cannot apply to F13the Commission for a scheme by reason of any vacancy among the charity trustees or the absence or incapacity of any of them, but
b
such an application is made by such number of the charity trustees as F14the Commission considers appropriate in the circumstances of the case,
F13the Commission may nevertheless proceed as if the application were an application made by the charity.
8
C19
Before exercising any jurisdiction under this section otherwise than on an order of the court, F17the Commission shall give notice of its intention to do so to each of the charity trustees, except any that cannot be found or has no known address in the United Kingdom or who is party or privy to an application for the exercise of the jurisdiction; and any such notice may be given by post, and, if given by post, may be addressed to the recipient’s last known address in the United Kingdom.
10
F18The Commission shall not exercise its jurisdiction under this section in any case (not referred to them by order of the court) which, by reason of its contentious character, or of any special question of law or of fact which it may involve, or for other reasons, F19the Commission may consider more fit to be adjudicated on by the court.
F23C111
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F23C1C312
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F23C113
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F23C114
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15
If the F1Minister thinks it expedient to do so—
a
in consequence of changes in the value of money, or
b
with a view to increasing the number of charities in respect of which F20the Commission may exercise its jurisdiction under this section in accordance with subsection (5) above,
he may by order amend that subsection by substituting a different sum for the sum for the time being specified there.
Words in Pt. IV heading substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 106; S.I. 2007/309, art. 2, Sch.