Part 6Cy-près powers and assistance and supervision of charities by court and Commission
Cy-près powers and variation of charters
68Charities governed by charter, or by or under statute
1
Subsection (2) applies where a Royal charter establishing or regulating a body corporate is amendable by the grant and acceptance of a further charter.
2
A scheme relating to the body corporate or to the administration of property held by the body (including a scheme for the cy-près application of any such property)—
a
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
b
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.
3
Subsection (4) applies where, under—
a
the court’s jurisdiction with respect to charities or the corresponding jurisdiction of a court in Northern Ireland, or
b
powers conferred by this Act or by any Northern Ireland legislation relating to charities,
a scheme is made with respect to a body corporate and it appears to Her Majesty expedient, having regard to the scheme, to amend any Royal charter relating to that body.
4
Her Majesty may, on the application of the body corporate, amend the charter accordingly by Order in Council in any way in which the charter could be amended by the grant and acceptance of a further charter; and any such Order in Council may be revoked or varied in the same manner as the charter it amends.
5
The jurisdiction of the court with respect to charities is not excluded or restricted in the case of a charity of a description mentioned in Schedule 5 by the operation of the enactments or instruments there mentioned in relation to that description.
6
A scheme established for a charity of a description mentioned in Schedule 5—
a
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
b
may also make any such provision as is authorised by that Schedule.