Charities Act 2011

85 Power to direct application of charity property E+W

(1) This section applies where the Commission is satisfied—

(a) that a person or persons in possession or control of any property held by or on trust for a charity is or are unwilling [F1 or unable] to apply it properly for the purposes of the charity, and

(b) 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.

(2) The Commission may by order direct the person or persons concerned to apply the property in such manner as is specified in the order.

(3) An order under this section—

(a) 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

(b) may not require any action to be taken which is prohibited by any Act [F2 or Measure] or expressly prohibited by the trusts of the charity.

(4) Anything done by a person under the authority of an order under this section is to be treated as properly done in the exercise of the powers mentioned in subsection (3)(a).

(5) Subsection (4) does not affect any contractual or other rights arising in connection with anything which has been done under the authority of such an order.

[F3 (6) Subsection (5) does not apply to rights of the charity or of a charity trustee or trustee for the charity in that capacity.]

Textual Amendments

F1 Words in s. 85(1)(a) inserted (31.7.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 8(2), 17(4); S.I. 2016/815, reg. 2(g)

F2 Words in s. 85(3)(b) inserted (coming into force in accordance with s. 53(6)(7) of the amending Measure) by Cathedrals Measure 2021 (No. 2), s. 8(2) (with ss. 42(4), 48, 52(1))

F3 S. 85(6) inserted (31.7.2016) by Charities (Protection and Social Investment) Act 2016 (c. 4), ss. 8(3), 17(4); S.I. 2016/815, reg. 2(g)