Part 13Unincorporated charities
Powers to alter purposes or powers etc. of unincorporated charity
280Power to modify powers or procedures of unincorporated charity
1
This section applies to any charity which is not a company or other body corporate.
2
The charity trustees of such a charity may resolve for the purposes of this section that any provision of the trusts of the charity—
a
relating to any of the powers exercisable by the charity trustees in the administration of the charity, or
b
regulating the procedure to be followed in any respect in connection with its administration,
should be modified in such manner as is specified in the resolution.
3
Subsection (4) applies if the charity is an unincorporated association with a body of members distinct from the charity trustees.
4
Any resolution of the charity trustees under subsection (2) must be approved by a further resolution which is passed at a general meeting of the body—
a
by a majority of not less than two-thirds of the members entitled to attend and vote at the meeting who vote on the resolution, or
b
by a decision taken without a vote and without any expression of dissent in response to the question put to the meeting.
5
Where—
a
the charity trustees have passed a resolution under subsection (2), and
b
(if subsection (4) applies) a further resolution has been passed under that subsection,
the trusts of the charity are to be taken to have been modified in accordance with the terms of the resolution.
6
The trusts are to be taken to have been so modified as from—
a
such date as is specified for this purpose in the resolution under subsection (2), or
b
(if later) the date when any such further resolution was passed under subsection (4).