Part 13F2Powers to amend trusts and use capital
F1Charity established etc by Royal charter: general power to amend
S. 280C and cross-heading inserted (31.10.2022) by Charities Act 2022 (c. 6), ss. 4, 41(4); S.I. 2022/1109, Sch. para. 1
280CPower to amend Royal charter
1
This section applies to any charity which is established or regulated by Royal charter.
2
The charity trustees of such a charity may resolve that the Royal charter should be amended in such manner as is specified in the resolution if—
a
they are satisfied that it is expedient in the interests of the charity to do so, and
b
there is no power under the Royal charter to make the proposed amendment.
3
Subsection (4) applies in the case of a charity which has a body of members distinct from the charity trustees, any of whom are entitled under the Royal charter to attend and vote at a general meeting of the body.
4
In the case of a charity to which this subsection applies, a resolution under subsection (2) may not be approved under subsection (6) unless—
a
it is passed by a majority of the charity trustees of the charity, and
b
it is approved by a further resolution which is passed—
i
at a general meeting, by not less than 75% of the members entitled to attend and vote at the meeting who vote on the resolution,
ii
at a general meeting, by a decision taken without a vote and without any expression of dissent in response to the question put to the meeting, or
iii
otherwise than at a general meeting, by the agreement of all the members entitled to attend and vote at a general meeting.
5
6
A resolution under this section takes effect when it is approved by Her Majesty by Order in Council.
Pt. 13 heading substituted (14.6.2023) by Charities Act 2022 (c. 6), s. 41(4), Sch. 2 para. 19; S.I. 2023/643, Sch. para. 20(e)