Part 6Cy-près powers and assistance and supervision of charities by court and Commission

Cy-près powers and variation of charters

66F1Section 63A: supplementary

1

For the purposes of F2section 63A, charitable purposes are to be treated as failing if any difficulty in applying property to those purposes makes that property or the part not applicable cy-près available to be returned to the donors.

F31A

Where property is applied cy-près by virtue of section 63A, all the donor’s interest in it is treated as having been relinquished when the gift was made.

2

In F4section 63A and this section—

a

references to a donor include persons claiming through or under the original donor, and

b

references to property given include the property for the time being representing the property originally given or property derived from it.

3

Subsection (2) applies except in so far as the context otherwise requires.

F54

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F55

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F56

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