1995 No. 1092
The Charities (Trustee Investments Act 1961) Order 1995
Made
Coming into force
Whereas a draft of this Order has been approved by both Houses of Parliament:
Now, therefore, the Secretary of State, in exercise of his powers under section 70 of the Charities Act 19931 and with the consent of the Treasury, hereby makes the following Order:
1
This Order may be cited as the Charities (Trustee Investments Act 1961) Order 1995 and shall come into force on the fourteenth day after the day on which it is made.
2
It is hereby directed that, in the case of a trust fund consisting of property held by or in trust for a charity2, any division of the fund in pursuance of section 2(1) of the Trustee Investments Act 19613 shall be made so that the value of the wider-range part at the time of the division bears to the then value of the narrower-range part the proportion of three to one.
3
1
The Trustee Investments Act 1961 shall, in its application in relation to a trust fund consisting of property held by or in trust for a charity, have effect subject to the modifications specified in the following paragraphs of this article, being modifications which the Secretary of State considers appropriate in consequence of, or in connection with, the direction contained in article 2 of this Order.
2
Paragraph (b) of section 2(3) and sub-paragraph (b) of paragraph 3 of the Second Schedule shall have effect as if for the words from “each” to the end there were substituted the words “the wider-range part of the fund is increased by an amount which bears the specified proportion to the amount by which the value of the narrower-range part of the fund is increased”.
3
Section 4(3) shall have effect as if for the words “so as either to be equal, or to bear to each other” there were substituted the words “so as to bear to each other either the specified proportion or”.
4
Section 17 shall have effect as if at the end there were added the following subsection—
6
In this Act, “the specified proportion” means the proportion specified in article 2 of the Charities (Trustee Investments Act 1961) Order 1995.
We consent
(This note is not part of the Order)