Part 6Cy-près powers and assistance and supervision of charities by court and Commission

Establishment of common investment or deposit funds

101Bodies which may participate in common deposit schemes

(1)

A common deposit scheme—

(a)

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

(b)

may restrict the right to participate in any manner.

(2)

A common deposit scheme may provide for appropriate bodies to be admitted to participate in the scheme (in addition to the participating charities) to such extent as the trustees appointed to manage the fund may determine.

(3)

In this section “appropriate body” means—

(a)

a Scottish recognised body, F1...

(b)

a Northern Ireland charity F2; or

(c)

any body of persons or trust that—

(i)

is established in an EEA state other than the United Kingdom, and

(ii)

is a charity as defined by paragraph 1 of Schedule 6 to the Finance Act 2010.

and, in the application of the relevant provisions in relation to a scheme which contains provisions authorised by subsection (2), “charity” includes an appropriate body.

(4)

The relevant provisions are—

(a)

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

(b)

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

(c)

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

(d)

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