CHARITABLE TRUSTS ACT 1993 - SECT 12
Attorney General may establish schemes
CHARITABLE TRUSTS ACT 1993 - SECT 12
Attorney General may establish schemes
12 Attorney General may establish schemes
(1) The Attorney General may by order establish a scheme for the
administration of any charitable trust. In particular, the Attorney General
may by such an order:
(a) establish a scheme for the alteration of the
original purposes of a charitable trust so as to enable the trust property or
any part of it to be applied cy pres if it appears to the Attorney General
that the trust property or any part of it may be so applied, or
(b) establish
a scheme to extend or vary the powers of trustees of a charitable trust or
prescribe or vary the manner or mode of administration of any charitable
trust, either generally or in a particular case, if it appears to the Attorney
General that it is expedient to do so in the interests of the administration
of the charitable trust, or
(c) in the case of 2 or more charitable trusts,
establish a scheme to authorise the trustees to use common premises or employ
common staff in the administration of the trusts, to pool the trust property
for the purpose of investment, or otherwise to combine for any purpose of
administration of the trusts.
(2) Without limiting the generality of any
provision of this Part, a scheme under this Part may vest in any trustees of a
charitable trust who desire to sell, mortgage or lease the trust property or
any part of it, but who cannot do so for lack of power vested in them by the
instrument (if any) creating the trust or by law, the necessary power for such
a sale, mortgage or lease.
(3) If there are no trustees of a charitable
trust, a scheme under this Part may appoint trustees for the purposes of the
scheme.
(4) A scheme for the administration of a charitable trust established
by the Attorney General under this Part has the same effect as it would have
if it had been established by the Court.
