Textual Amendments
F1Words 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.
Textual Amendments
F2S. 26 heading substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 118; S.I. 2007/309, art. 2, Sch.
(1)Subject to subsection (3) below, [F3the Commission] may by order exercise the same power as is exercisable by the Attorney General to authorise the charity trustees of a charity—
(a)to make any application of property of the charity, or
(b)to waive to any extent, on behalf of the charity, its entitlement to receive any property,
in a case where the charity trustees—
(i)(apart from this section) have no power to do so, but
(ii)in all the circumstances regard themselves as being under a moral obligation to do so.
(2)The power conferred on [F4the Commission] by subsection (1) above shall be exercisable [F5by the Commission] under the supervision of, and in accordance with such directions as may be given by, the Attorney General; and any such directions may in particular require [F4the Commission], in such circumstances as are specified in the directions—
(a)to refrain from exercising that power; or
(b)to consult the Attorney General before exercising it.
(3)Where—
(a)an application is made to [F6the Commission for it] to exercise that power in a case where [F7it is not] precluded from doing so by any such directions, but
(b)[F8the Commission considers] that it would nevertheless be desirable for the application to be entertained by the Attorney General rather than [F9by the Commission],
[F10the Commission shall] refer the application to the Attorney General.
(4)It is hereby declared that where, in the case of any application made [F11to the Commission] as mentioned in subsection (3)(a) above, [F12the Commission determines] the application by refusing to authorise charity trustees to take any action falling within subsection (1)(a) or (b) above, that refusal shall not preclude the Attorney General, on an application subsequently made to him by the trustees, from authorising the trustees to take that action.
Textual Amendments
F3Words in s. 27(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(2); S.I. 2007/309, art. 2, Sch.
F4Words in s. 27(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(3)(a); S.I. 2007/309, art. 2, Sch.
F5Words in s. 27(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(3)(b); S.I. 2007/309, art. 2, Sch.
F6Words in s. 27(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(4)(a); S.I. 2007/309, art. 2, Sch.
F7Words in s. 27(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(4)(b); S.I. 2007/309, art. 2, Sch.
F8Words in s. 27(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(4)(c); S.I. 2007/309, art. 2, Sch.
F9Words in s. 27(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(4)(d); S.I. 2007/309, art. 2, Sch.
F10Words in s. 27(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(4)(e); S.I. 2007/309, art. 2, Sch.
F11Words in s. 27(4) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(5)(a); S.I. 2007/309, art. 2, Sch.
F12Words in s. 27(4) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 120(5)(b); S.I. 2007/309, art. 2, Sch.