where the original purposes provide a use for part only of the property available by virtue of the gift,

(on the one hand) the spirit of the gift concerned, and

(on the other) the social and economic circumstances prevailing at the time of the proposed alteration of the original purposes.

to a donor who has executed a disclaimer in the prescribed form of the right to have the property returned.

the scheme must specify the total amount of that property,

the donor of any part of that amount is entitled, on making a claim within the time limit, to recover from the charity for which the property is applied a sum equal to that part, less any expenses properly incurred by the charity trustees after the scheme's date in connection with claims relating to the donor's gift, and

the scheme may include directions as to the provision to be made for meeting any claims made in accordance with paragraph (b).

a claim is made within the time limit only if it is made no later than 6 months after the date on which the scheme is made, and

“the scheme's date” means the date on which the scheme is made.

any sum is, in accordance with any directions included in the scheme under subsection (4)(c), set aside for meeting claims made in accordance with subsection (4)(b), but

the aggregate amount of any such claims actually made exceeds the relevant amount;

the proceeds of any lottery, competition, entertainment, sale or similar money-raising activity, after allowing for property given to provide prizes or articles for sale or otherwise to enable the activity to be undertaken.

that it would be unreasonable, having regard to the amounts likely to be returned to the donors, to incur expense with a view to returning the property, or

that it would be unreasonable, having regard to the nature, circumstances and amounts of the gifts, and to the lapse of time since the gifts were made, for the donors to expect the property to be returned.

for specific charitable purposes, and

in response to a solicitation within subsection (2).

it is made for specific charitable purposes, and

it is accompanied by a statement to the effect that property given in response to it will, in the event of those purposes failing, be applicable cy-près as if given for charitable purposes generally, unless the donor makes a relevant declaration at the time of making the gift.

a person has given property as mentioned in subsection (1),

the specific charitable purposes fail, and

the donor has made a relevant declaration.

informing the donor of the failure of the purposes,

enquiring whether the donor wishes to request the return of the property (or a sum equal to its value), and

if within the prescribed period the donor makes such a request, returning the property (or such a sum) to the donor.

they have failed to find the donor, or

the donor does not within the prescribed period request the return of the property (or a sum equal to its value),

a person has given property as mentioned in subsection (1),

the specific charitable purposes fail, and

the donor has not made a relevant declaration,

“solicitation” means a solicitation made in any manner and however communicated to the persons to whom it is addressed,

it is irrelevant whether any consideration is or is to be given in return for the property in question, and

references to a donor include persons claiming through or under the original donor, and

references to property given include the property for the time being representing the property originally given or property derived from it.

for such charitable purposes, and

(if the scheme provides for the property to be transferred to another charity) by or on trust for such other charity,

the spirit of the original gift,

the desirability of securing that the property is applied for charitable purposes which are close to the original purposes, and

the need for the relevant charity to have purposes which are suitable and effective in the light of current social and economic circumstances.

to the charity,

to the charity trustees,

to any trustee for the charity, or

to a person nominated by the charity trustees to hold it in trust for the charity,

may be made by the court under the court's jurisdiction with respect to charities even though the scheme cannot take effect without the alteration of the charter, but

must be so framed that the scheme, or such part of it as cannot take effect without the alteration of the charter, does not purport to come into operation unless or until Her Majesty thinks fit to amend the charter in such manner as will permit the scheme or that part of it to have effect.

the court's jurisdiction with respect to charities or the corresponding jurisdiction of a court in Northern Ireland, or

powers conferred by this Act or by any Northern Ireland legislation relating to charities,

may modify or supersede in relation to it the provision made by any such enactment or instrument as if made by a scheme of the court, and

may also make any such provision as is authorised by that Schedule.

establishing a scheme for the administration of a charity;

appointing, discharging or removing a charity trustee or trustee for a charity, or removing an officer or employee;

vesting or transferring property, or requiring or entitling any person to call for or make any transfer of property or any payment.

the court may by order refer the matter to the 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 the Commission as if prepared under subsection (1) and without any further order of the court.

any question as to the existence or extent of any charge or trust.

on the application of the charity,

on an order of the court under section 69(3), or

on the application of the Attorney General.

any one or more of the charity trustees,

any person interested in the charity, or

any two or more inhabitants of the area of the charity if it is a local charity.

has given the charity trustees an opportunity to make representations to it.

may proceed as if an application for a scheme had been made by the charity, but

may not, where it acts by virtue of this subsection, alter the purposes of a charity unless 40 years have elapsed from the date of the charity's foundation.

a charity cannot apply to the Commission for a scheme because of any vacancy among the charity trustees or the absence or incapacity of any of them, but

such an application is made by such number of the charity trustees as the Commission considers appropriate in the circumstances of the case,

because of its contentious character, or any special question of law or of fact which it may involve, or

for other reasons,

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.

may be given by post, and

if given by post, may be addressed to the recipient's last known address in the United Kingdom.

that it is for any reason proper for the scheme to be subject to parliamentary review,

may direct that the scheme must not be modified or superseded by a scheme brought into effect otherwise than under this section, and

may also direct that subsection (4) is to apply to any scheme modifying or superseding the scheme to which the order gives effect.

the whole of the income of a charity cannot in existing circumstances be effectively applied for the purposes of the charity,

if those circumstances continue, a scheme might be made for applying the surplus cy-près, and

it is for any reason not yet desirable to make such a scheme.

to more than £300 out of income accrued before the date of the order,

to income accruing more than 3 years after that date, or

to more than £100 out of the income accruing in any of those 3 years.

to a charity trustee or trustee for a charity who it considers has committed a breach of trust or duty or other misconduct or mismanagement in that capacity, or

to a charity in connection with which it considers a breach of trust or duty or other misconduct or mismanagement has been committed.

may publish a warning it has issued;

may issue or publish a warning in any way it considers appropriate.

may be given by post, and

if given by post, may be addressed to the recipient's last known address in the United Kingdom.

the power under subsection (1) to give the warning, and the grounds for the warning;

any action that the Commission considers should be taken, or that the Commission is considering taking, to rectify the misconduct or mismanagement referred to in subsection (1);

whether and, if so, how the Commission proposes to publish the warning;

a period within which representations may be made to the Commission about the content of the proposed warning.

it must take into account any representations made to it within the period specified in the notice, and

it may (without further notice) issue the warning either without modifications or with such modifications as it thinks desirable.

in subsection (5)(a) references to the warning are to be read as references to the warning as varied, and

the matter to be specified under subsection (5)(b) is any change as a result of the variation in the action previously proposed by the Commission.

that there is or has been F27a failure to comply with an order or direction of the Commission, a failure to remedy any breach specified in a warning under section 75A, or any other misconduct or mismanagement in the administration of the charity, or

for the remuneration or reward of persons acting in the affairs of the charity, or

for other administrative purposes,

by order suspend any person who is a trustee, charity trustee, officer, agent or employee of the charity from office or employment pending consideration being given to the person's removal (whether under section 79 or 80 or otherwise);

by order appoint such number of additional charity trustees as it considers necessary for the proper administration of the charity;

order any person who holds any property on behalf of the charity, or of any trustee for it, not to part with the property without the approval of the Commission;

order any debtor of the charity not to make any payment in or towards the discharge of the debtor's liability to the charity without the approval of the Commission;

by order restrict (regardless of anything in the trusts of the charity) the transactions which may be entered into, or the nature or amount of the payments which may be made, in the administration of the charity without the approval of the Commission;

by order appoint (in accordance with section 78) an interim manager, to act as receiver and manager in respect of the property and affairs of the charity.

for enabling any person to execute any instrument in P's name or otherwise act for P, and

in the case of a charity trustee, for adjusting any rules governing the proceedings of the charity trustees to take account of the reduction in the number capable of acting.

must, at such intervals as it thinks fit, review any order made by it under paragraph (a), or any of paragraphs (c) to (g), of subsection (3), and

if on any such review it appears to the Commission that it would be appropriate to discharge the order in whole or in part, must so discharge it (whether subject to any savings or other transitional provisions or not).

the order does not extend the suspension for a period of more than 12 months, and

the total period of suspension is not more than 2 years.

that a particular person has been responsible for the misconduct or mismanagement,

that a particular person knew of the misconduct or mismanagement and failed to take any reasonable step to oppose it, or

that a particular person's conduct contributed to it or facilitated it,

the conduct of that person in relation to any other charity;

any other conduct of that person that appears to the Commission to be damaging or likely to be damaging to public trust and confidence in charities generally or particular charities or classes of charity.

section 76(3)(d) (order prohibiting person from parting with property),

section 76(3)(e) (order prohibiting debtor of charity from discharging liability), or

section 76(3)(f) (order restricting transactions or payments).

for the interim manager appointed by the order to have such powers and duties of the charity trustees of the charity concerned (whether arising under this Act or otherwise) as are specified in the order;

for any powers or duties specified by virtue of paragraph (a) to be exercisable or performed by the interim manager to the exclusion of those trustees.

section 110 (power to give advice and guidance) applies to the interim manager and the interim manager's functions as it applies to a charity trustee of the charity concerned and to the charity trustee's duties as such, and

the Commission may apply to the High Court for directions in relation to any particular matter arising in connection with the discharge of those functions.

give such directions, or

make such orders declaring the rights of any persons (whether before the court or not),

the appointment and removal of persons appointed in accordance with this section;

the remuneration of such persons out of the income of the charities concerned;

the making of reports to the Commission by such persons.

to require security for the due discharge of the functions of a person so appointed to be given by that person;

to determine the amount of such a person's remuneration;

to disallow any amount of remuneration in such circumstances as are prescribed by the regulations.

who has been responsible for the misconduct or mismanagement,

who knew of the misconduct or mismanagement and failed to take any reasonable step to oppose it, or

whose conduct contributed to it or facilitated it.

section 81(1) (power to make supplementary provision) and Case D in section 178(1) (disqualification) apply as if the person was removed by the order, but

the order does not affect the time when the person ceased to hold the office or employment.

the trustee is a corporation in liquidation;

the trustee is incapable of acting because of mental disorder within the meaning of the Mental Health Act 1983;

the trustee has not acted, and will not make a declaration of willingness or unwillingness to act;

in place of a charity trustee removed by the Commission under section 79 or subsection (1) or otherwise;

if there are no charity trustees, or if because of vacancies in their number or the absence or incapacity of any of their number the charity cannot apply for the appointment;

if there is a single charity trustee who is not a corporation aggregate and the Commission is of opinion that it is necessary to increase the number for the proper administration of the charity;

for the removal or appointment of a charity trustee or trustee for a charity, or

for the vesting or transfer of any property,

may be given by post, and

if given by post, may be addressed to the recipient's last known address in the United Kingdom.

the Commission makes an order under section 76(3) suspending from office or employment a person who is a trustee, charity trustee, officer, agent or employee of a charity, and

the person is a member of the charity.

the Commission makes an order under section F1879(4) removing from office or employment a person who is F19a trustee, charity trustee, officer, agent or employee of a charity, and

the person is a member of the charity.

terminating the person's membership of the charity, and

prohibiting the person from resuming membership of the charity without the Commission's consent.

the charity trustees,

any trustee for the charity,

any officer or employee of the charity, or

(if a body corporate) the charity itself,

may require action to be taken whether or not it would otherwise be within the powers exercisable by the person or persons concerned, or by the charity, in relation to the administration of the charity or to its property, but

may not require any action to be taken which is prohibited by any Act or expressly prohibited by the trusts of the charity or is inconsistent with its purposes.

that the charity does not operate, or

that its purposes can be promoted more effectively if it ceases to operate,

the charity trustees,

any trustee for the charity,

any officer or employee of the charity, or

(if a body corporate) the charity itself,

may require action to be taken whether or not it would otherwise be within the powers exercisable by the person or persons concerned, or by the charity, in relation to the winding up and dissolution of the charity or to its property, and

in particular, may require the person or persons concerned to do anything for the purpose of having the charity wound up and dissolved and its property transferred that could otherwise only be done by the members of the charity or any of them,

must take into account any representations made to it within the period specified in the notice, and

may make the order (without further notice) either without modifications or with such modifications as it thinks desirable.

that a person or persons in possession or control of any property held by or on trust for a charity is or are unwilling F21or unable to apply it properly for the purposes of the charity, and

that it is necessary or desirable to make an order under this section for the purpose of securing a proper application of that property for the purposes of the charity.

may require action to be taken whether or not it would otherwise be within the powers exercisable by the person or persons concerned in relation to the property, but

may not require any action to be taken which is prohibited by any Act or expressly prohibited by the trusts of the charity.

to the charity concerned (if a body corporate), or

(if not) to each of the charity trustees.

a copy of the order, and

a statement of the Commission's reasons for making it.

would prejudice any inquiry or investigation, or

would not be in the interests of the charity;

cannot be found, or

has no known address in the United Kingdom.

is entered in the Scottish Charity Register, and

is managed or controlled wholly or mainly in or from England or Wales,

a body entered in the Scottish Charity Register is managed or controlled wholly or mainly in or from Scotland, but

any person in England and Wales holds any property on behalf of the body or of any person concerned in its management or control.

that there has been any misconduct or mismanagement in the administration of the body, and

that it is necessary or desirable to make an order under subsection (3) for the purpose of protecting the property of the body or securing a proper application of such property for the purposes of the body.

any person in England and Wales holds any property on behalf of a body entered in the Scottish Charity Register or of any person concerned in the management or control of such a body, and

vest the property in such body or charity as is specified in the order in accordance with subsections (7) and (8),

require any persons in whom the property is vested to transfer it to any such body or charity, or

appoint any person to transfer the property to any such body or charity.

such other body entered in the Scottish Charity Register, or

such charity,

the persons concerned in the management or control of the body, or

(as the case may be) the charity trustees of the charity,

make any order under this Act to establish a scheme for the administration of a charity, or

submit such a scheme to the court or the F33Secretary of State for an order giving it effect,

that the Commission must give public notice of its proposals, inviting representations to be made to it within a period specified in the notice, and

because of the nature of the scheme, or

for any other reason,

it must take into account any representations made to it within the period specified in the notice, and

it may (without further notice) proceed with the proposals either without modifications or with such modifications as it thinks desirable.

at the Commission's office, and

if the charity is a local charity, at some convenient place in the area of the charity.

is to contain such particulars of the proposals, or such directions for obtaining information about them, as the Commission thinks sufficient and appropriate, and

is to be given in such manner as the Commission thinks sufficient and appropriate.

an order relating to the official custodian, or

an order under section 76(3)(b) (appointment of additional charity trustees),F25or

an order under section 79A (removal of disqualified trustee),

a charity trustee or trustee for a charity, or

an officer, agent or employee of a charity,

it must take into account any representations made to it within the period specified in the notice, and

it may (without further notice) proceed with the proposals either without modifications or with such modifications as it thinks desirable.

is to contain such particulars of the proposals, or such directions for obtaining information about them, as the Commission thinks sufficient and appropriate, and

(in the case of a public notice) is to be given in such manner as the Commission thinks sufficient and appropriate.

may be given by post, and

if given by post, may be addressed to the recipient's last known address in the United Kingdom.

vest in the official custodian any land held by or in trust for a charity,

authorise or require the persons in whom any such land is vested to transfer it to the official custodian, or

appoint any person to transfer any such land to the official custodian.

the official custodian is discharged from the trusteeship of any property, or

the trusts on which the official custodian holds any property come to an end,

acting in conformity with an order under this section, or

giving effect to anything done in pursuance of such an order.

acting in conformity with an order under this section, or

giving effect to anything done in pursuance of such an order,

must not exercise any powers of management, but

the charity trustees have the same power to make obligations entered into by them binding on the land as if it were vested in them, and

any covenant, agreement or condition which is enforceable by or against the official custodian because the land is vested in the official custodian is enforceable by or against the charity trustees as if the land were vested in them.

any land is vested in the official custodian in trust for a charity, and

it appears to the Commission that section 1 of the 1987 Act (right of reverter replaced by trust) will, or is likely to, operate in relation to the land at a particular time or in particular circumstances.

making an order discharging the official custodian from the trusteeship of the land, and

making such vesting orders and giving such directions as appear to the Commission to be necessary or expedient in consequence.

“the 1987 Act” means the Reverter of Sites Act 1987, and

any reference to section 1 of the 1987 Act operating in relation to any land is a reference to a trust arising in relation to the land under that section.

section 1 of the 1987 Act has operated in relation to any land which, immediately before the time when that section so operated, was vested in the official custodian in trust for a charity, and

the land remains vested in the official custodian but on the trust arising under that section.

make an order discharging the official custodian from the trusteeship of the land, and

(subject to sections 94 and 95) make such vesting orders and give such directions as appear to it to be necessary or expedient in consequence.

is made by the court or the Commission under section 93.

in relation to an order made as mentioned in subsection (1)(a), the charity trustees of the charity in trust for which the land is vested in the official custodian immediately before the time when the order takes effect, or

in relation to an order made under section 93, the charity trustees of the charity in trust for which the land was vested in the official custodian immediately before the time when section 1 of the 1987 Act operated in relation to the land.

section 1 of the 1987 Act has operated in relation to any such land as is mentioned in section 93(1)(a), and

the land remains vested in the official custodian as mentioned in section 93(1)(b).

all the powers, duties and liabilities that would, apart from this section, be those of the official custodian as trustee of the land are instead to be those of the charity trustees of the charity concerned, and

those trustees may, in the name and on behalf of the official custodian, execute and do all assurances and things which they could properly execute or do in their own name and on their own behalf if the land were vested in them.

the official custodian has been discharged from the trusteeship of any land by an order under section 93, and

the land has, in accordance with section 94, been vested in the charity trustees concerned or (as the case may be) in any persons other than those trustees,

the official custodian, or

any person acting for the official custodian.

for property transferred to the fund by or on behalf of a charity participating in the scheme to be invested under the control of trustees appointed to manage the fund, and

for the participating charities to be entitled (subject to the provisions of the scheme) to the capital and income of the fund in shares determined by reference to the amount or value of the property transferred to it by or on behalf of each of them and to the value of the fund at the time of the transfers.

may be made in terms admitting any charity to participate, or

may restrict the right to participate in any manner.

a Scottish recognised body, F3...

a Northern Ireland charity F4; or

section 96(1) (power to make common investment schemes),

section 98 (provisions which may be included in common investment schemes),

section 99(1) (provisions relating to rights of participating charity etc.), and

(in relation only to a Northern Ireland charity) section 99(2) (power to participate in common investment schemes).

for remunerating persons appointed trustees to hold or manage the fund or any part of it, with or without provision authorising a person to receive the remuneration even though the person is also a charity trustee of or trustee for a participating charity;

for restricting the size of the fund, and for regulating as to time, amount or otherwise the right to transfer property to or withdraw it from the fund, and for enabling sums to be advanced out of the fund by way of loan to a participating charity pending the withdrawal of property from the fund by the charity;

for enabling income to be withheld from distribution with a view to avoiding fluctuations in the amounts distributed, and generally for regulating distributions of income;

for enabling money to be borrowed temporarily for the purpose of meeting payments to be made out of the funds;

for enabling questions arising under the scheme as to the right of a charity to participate, or as to the rights of participating charities, or as to any other matter, to be conclusively determined by the decision of the trustees managing the fund or in any other manner;

for regulating the accounts and information to be supplied to participating charities.

to repayment of the sums deposited, and

to interest on them at a rate determined by or under the scheme.

for the repayment of deposits, and

for the interest on deposits,

the rights under it of a participating charity are not capable of being assigned or charged;

a trustee or other person concerned in the management of the common investment fund is not required or entitled to take account of any trust or other equity affecting a participating charity or its property or rights.

for sums to be deposited by or on behalf of a charity participating in the scheme and invested under the control of trustees appointed to manage the fund, and

for any such charity to be entitled (subject to the provisions of the scheme) to repayment of any sums so deposited and to interest on them at a rate determined under the scheme.

may be made in terms admitting any charity to participate, or

may restrict the right to participate in any manner.

a Scottish recognised body, F5...

a Northern Ireland charity F6; or

section 100(1) (power to make common deposit schemes),

section 102 (provisions which may be included in common deposit schemes),

section 103(1) (provisions relating to rights of participating charity etc.), and

(in relation only to a Northern Ireland charity) section 103(2) (power to participate in common deposit schemes).

the rights under it of a participating charity are not capable of being assigned or charged;

a trustee or other person concerned in the management of the common deposit fund is not required or entitled to take account of any trust or other equity affecting a participating charity or its property or rights.

established under the law of Scotland, or

managed or controlled wholly or mainly in or from Scotland,

which is a charity under the law of Northern Ireland, and

to which HMRC have given intimation, which has not subsequently been withdrawn, that tax relief is due in respect of income of the institution which is applicable and applied to charitable purposes only.

should be invested without the need to maintain a balance between capital and income returns, and

accordingly, should be freed from the restrictions with respect to expenditure of capital that apply to it.

the whole of the charity's permanent endowment if it is all subject to the same trusts, or

any part of its permanent endowment which is subject to any particular trusts that are different from those to which any other part is subject.

resolutions under section 104A(2),

the investment of a relevant fund without the need to maintain a balance between capital and income returns, and expenditure from such a fund, and

the steps that must be taken by charity trustees in respect of a fund, or portion of a fund, in the event of a resolution under section 104A(2) ceasing to have effect in respect of the fund or portion.

specify steps that must be taken by charity trustees before passing a resolution under section 104A(2),

make provision about the variation and revocation of such a resolution,

require charity trustees to notify the Commission of the passing, variation or revocation of such a resolution, and

specify circumstances in which such a resolution is to cease to have effect.

make provision requiring a relevant fund to be invested, and the returns from that investment to be allocated, in such a way as to maintain (so far as practicable) the long-term capital value of the fund,

make provision about the taking of advice by charity trustees in connection with the investment of, and expenditure from, a relevant fund,

confer on the charity trustees of a relevant fund a power (subject to such restrictions as may be specified in the regulations) to accumulate income,

make provision about expenditure from a relevant fund (including by imposing limits on expenditure and specifying circumstances in which expenditure requires the Commission's consent), and

require charity trustees to report to the Commission on the investment of, and expenditure from, a relevant fund.

may be made so as to authorise a particular transaction, compromise or the like, or a particular application of property, or so as to give a more general authority, and

may authorise a charity to use common premises, or employ a common staff, or otherwise combine for any purpose of administration, with any other charity.

as to the manner in which any expenditure is to be borne, and

as to other matters connected with or arising out of the action authorised by the order.

are binding on the charity trustees for the time being as if contained in the trusts of the charity, but

may on the application of the charity be modified or superseded by a further order.

for meeting any expenditure out of a specified fund,

for charging any expenditure to capital or to income,

for requiring expenditure charged to capital to be recouped out of income within a specified period,

for restricting the costs to be incurred at the expense of the charity, or

for the investment of money arising from any transaction.

F35it is prohibited by the Ecclesiastical Leases Act 1836, or

the trusts of the charity provide for the act to be done by or under the authority of the court.

authorise the doing of any act expressly prohibited by any Act F36other than the Ecclesiastical Leases Act 1836, or by the trusts of the charity, or

extend or alter the purposes of the charity.

part of a building, and

any land which under such a scheme is to be used or disposed of with a building to which the scheme applies.

(apart from this section) have no power to take the action, but

in all the circumstances regard themselves as being under a moral obligation to take it.

making any application of property of the charity, or

waiving to any extent, on behalf of the charity, its entitlement to receive any property.

to refrain from exercising the power conferred by subsection (1), or

to consult the Attorney General before exercising it.

an application is made to the Commission for it to exercise the power conferred by subsection (1) in a case where it is not precluded from doing so by any such directions, but

the Commission considers that it would nevertheless be desirable for the application to be entertained by the Attorney General rather than by the Commission,

an application is made to the Commission as mentioned in subsection (5)(a), and

the Commission determines the application by refusing to authorise charity trustees to take any action falling within subsection (2)(a) or (b),

it is unable, after making reasonable inquiries, to locate that charity or any of its trustees.

requires the institution concerned to transfer the amount, or (as the case may be) the aggregate amount, standing to the credit of the relevant charity in the account or accounts in question to such other charity as is specified in the direction in accordance with subsection (3), or

requires the institution concerned to transfer to each of two or more other charities so specified in the direction such part of that amount or aggregate amount as is there specified in relation to that charity.

may specify in a direction under subsection (2) such other charity or charities as it considers appropriate, having regard, in a case where the purposes of the relevant charity are known to the Commission, to those purposes and to the purposes of the other charity or charities, but

must not so specify any charity unless it has received from the charity trustees written confirmation that those trustees are willing to accept the amount proposed to be transferred to the charity.

it is to be held and applied by the charity for the purposes of the charity, but

as property of the charity, it is nevertheless subject to any restrictions on expenditure to which it was subject as property of the relevant charity.

the Commission has been informed as mentioned in section 107(1)(a) by any relevant institution, and

before any transfer is made by the institution in pursuance of a direction under section 107(2), the institution has, by reason of any circumstances, cause to believe that the account, or (as the case may be) any of the accounts, held by it in the name of or on behalf of the relevant charity is no longer dormant.

a transaction consisting in a payment into the account, or

a transaction which the institution holding the account has itself caused to be effected,

the Bank of England F34(acting otherwise than in its capacity as the Prudential Regulation Authority),

a person who has permission under F2Part 4A of the Financial Services and Markets Act 2000 to accept deposits,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or

such other person who may lawfully accept deposits in the United Kingdom as may be prescribed by the F29Secretary of State.

section 22 of the Financial Services and Markets Act 2000,

any relevant order under that section, and

Schedule 2 to that Act.

to the charity trustees, or

to any trustee for the charity,

are dormant accounts by virtue of subsection (2), but

would not be dormant accounts if subsection (2)(a) were omitted.

relating to the performance of any duties of the applicant, as such a trustee, in relation to the charity concerned, or

otherwise relating to the proper administration of the charity.

is a charity trustee or trustee for a charity, and

acts in accordance with any opinion or advice given by the Commission under subsection (1) (whether to P or another trustee),

P knows or has reasonable cause to suspect that the opinion or advice was given in ignorance of material facts, or

a decision of the court or the Tribunal has been obtained on the matter or proceedings are pending to obtain one.

on the application of a charity, or

at any time after the institution of an inquiry under section 46 with respect to a charity,

by a costs officer in such division of the High Court as may be specified in the order, or

by the costs officer of any other court having jurisdiction to order the assessment of the bill.

the assessment is to proceed,

the costs officer has the same powers and duties, and

the costs of the assessment are to be borne,

an agreement as to the solicitor's remuneration, or

the lapse of time since payment of the bill.

by the Commission of its own motion, but

only with the agreement of the Attorney General on each occasion.

the taking of legal proceedings with reference to charities or the property or affairs of charities, or

the compromise of claims with a view to avoiding or ending such proceedings,

by the Commission of its own motion, but

only with the agreement of the Attorney General on each occasion.

the charity,

any of the charity trustees,

any person interested in the charity, or

if it is a local charity, any two or more inhabitants of the area of the charity,

in a pending cause or matter, or

for the bringing of any appeal.

to the taking of proceedings by the Attorney General, with or without a relator, or

to the taking of proceedings by the Commission in accordance with section 114.

for legal proceedings to be taken with reference to any charity or its property or affairs, and

for the proceedings to be taken by the Attorney General,

the court's jurisdiction with respect to charities, or

the court's jurisdiction with respect to trusts in relation to the administration of a trust for charitable purposes.