CHARITIES ACT 1978 - SECT 4 Power of Attorney-General to sanction schemes

CHARITIES ACT 1978 - SECT 4

S. 4(1) amended by Nos 16/1986 s. 31(a), 11/2005 s. 5(1)(c).

    (1)     The trustees of any property given for charitable purposes where—

S. 4(1)(a) substituted by No. 16/1986 s. 31(b), amended by No. 11/2005 s. 5(1)(a).

        (a)     the total value of the corpus of the property is less than $500 000 or an amount fixed under section 4A, whichever is the greater; or

S. 4(1)(b) substituted by No. 16/1986 s. 31(b), amended by No. 11/2005 s. 5(1)(b).

        (b)     the total value of the corpus of the property does not exceed $50 000 or an amount fixed under section 4A, whichever is the greater, and the property is given for specific charitable purposes which fail—

may (in lieu of making application to the court) in writing and upon payment of the relevant prescribed fee (if any) apply to the Attorney-General for directions for the application of such property cy près.

    (2)     Upon receiving any application the Attorney-General may make such investigations and inquiries as he thinks fit and may require the trustees to furnish such information, opinions or advice as he thinks fit.

    (3)     Where the Attorney-General is satisfied either—

S. 4(3)(a) substituted by No. 16/1986 s. 31(c).

        (a)     that—

              (i)     the property was given for charitable purposes and may pursuant to section 2 or 3 be applied cy près; and

S. 4(3)(a)(ii) amended by No. 11/2005 s. 5(2)(a).

              (ii)     the total value of the corpus of the property is less than $500 000 or an amount fixed under section 4A, whichever is the greater; or

        (b)     that—

              (i)     such property was given for specific charitable purposes which fail; and

S. 4(3)(b)(ii) substituted by No. 16/1986 s. 31(d), amended by No. 11/2005 s. 5(2)(b).

              (ii)     the total value of the corpus of the property does not exceed $50 000 or an amount fixed under section 4A, whichever is the greater; and

              (iii)     unless the Attorney-General considers it would be unreasonable to require the applicant to incur expense with a view to identifying or locating the person or persons who would be entitled to the property but for the operation of this section, the consent of the person or persons so entitled has been obtained—

he may in his absolute discretion and subject to such provisions and conditions (if any) as he thinks fit—

        (c)     sanction any scheme proposed by the trustees for the application cy près of such property; and

        (d)     authorize the sale transfer conversion or vesting of any such property by the trustees notwithstanding that the trustees have no such power pursuant to the trust instrument.

    (4)     The Attorney-General shall not by virtue of this section—

        (a)     have any greater powers than are exercisable by the court in charity proceedings; or

        (b)     have power to try or determine—

              (i)     the title at law or in equity to any property as between a charity or trustee for a charity and a person holding or claiming the property or an interest in it adversely to the charity;

              (ii)     any question as to the existence or extent of any charge or trust;

              (iii)     any dispute as to whether the trustees are trustees of a charitable trust; or

              (iv)     any dispute as to whether the property may be applied cy près pursuant to section 2 or 3.

    (5)     In any case where the Attorney-General in accordance with subsection (2) sanctions any scheme or gives any authority the trustees shall not thereafter be subject to any liability for breach of trust arising solely from their application of property cy près in accordance with such scheme or authority.

S. 4A inserted by No. 11/2005 s. 6.