Charities Act, 1973

Further powers to frame schemes in relation to charity property.

4.—(1) Where—

(a) on an application made by the trustees of a charity established or regulated by a statute or by a charter, the Board after inquiry into the circumstances are satisfied that it would be for the benefit of the charity to frame in relation thereto a scheme of the kind mentioned in subsection (2), and

(b) by reason of a provision of the statute or charter, the framing of such a scheme would not be within the powers exercisable apart from this section by the Board,

then, notwithstanding the provision the Board may frame the scheme and, subject to subsection (10), the scheme shall have effect in accordance with its terms.

(2) A scheme under this section shall be framed under the seal of the Board and may enable the trustees of a charity—

(a) with the approval of the Board, to sell, lease, exchange, mortgage or charge any land or any other property of the charity, or surrender any lease of such land and to apply or invest any moneys arising therefrom for the benefit of the charity or for such other charitable purpose as the Board shall think proper,

(b) subject to such terms and conditions as the Board may approve, otherwise to raise or borrow money for the benefit of the charity,

(c) in case the charity is for the furtherance of education of persons of a particular sex, to extend, either solely or partly, as may be specified in the scheme, to persons of the other sex the benefit of the charity,

(d) with the approval of the Board, to make and carry into effect an agreement with the trustees of one or more other charities whereby the property of each of the charities would come under common control and be applied or used for the benefit of a common charitable purpose to be specified in the application, provided the foregoing provision shall not be construed as enabling property which is vested in trustees for the benefit of a charity for the furtherance of education to be used for the benefit of a charitable purpose which is not for the furtherance of education,

(e) where a provision of a statute or charter mentioned in subsection (1) requires the trustees of the charity to be members of a particular religious denomination, to appoint such number of persons as may be specified in the scheme, being persons who are not members of that denomination, to be such trustees.

(3) Every mortgage or charge approved by the Board pursuant to a scheme framed under this section shall be effected in such manner as the Board may approve and shall contain such conditions (including conditions relating to the repayment of principal moneys or the redemption and reconveyance of land which is subject to the mortgage or charge) or other provisions, if any, as the Board shall require.

(4) The Board may, on the application of the trustees of the charity to which a scheme framed under this section relates, under their seal amend or revoke the scheme.

(5) Subject to subsection (8), a scheme shall not be framed, amended or revoked until the expiration of one month after public notice of the proposal to do so has been given in such manner as the Board consider most effectual for ensuring publicity thereof and for bringing the proposal to the attention of persons interested.

(6) The notice shall—

(a) contain (so far as conveniently may be) sufficient particulars of the proposed scheme, amendment or revocation, as may be appropriate, and

(b) prescribe a reasonable time within which any objection thereto or suggestion thereon may be made to the Board, and the Board shall consider any objections and suggestions so made to them and may, after consultation with the person or persons making the relevant application under this section, act in reference thereto as they think expedient.

(7) If the Board modify any proposed scheme, amendment or revocation, it shall not be necessary for them to give notice of the modification in accordance with subsections (5) and (6), unless the Board think further notice desirable.

(8) Where the Board propose to amend a scheme framed under this section and the amendment is, in the opinion of the Board, of a formal or minor nature it shall not be necessary for them to give notice of the proposed amendment in accordance with subsections (5) and (6).

(9) A scheme or amendment of a scheme under this section may provide that the scheme or amendment, or any provision contained in the scheme or amendment, shall have retrospective effect (including such effect in relation to a date which is earlier than the date of the passing of this Act).

(10) Nothing in this section shall affect the Educational Endowments (Ireland) Act, 1885 , as amended by section 30 of the Principal Act.

(11) In this section “statute” means—

(a) an Act of the Oireachtas,

(b) an Act of the Oireachtas of Saorstát Éireann,

(c) an Act of the Parliament of the former United Kingdom of Great Britain and Ireland, or

(d) an Act of a Parliament sitting in Ireland at any time before the coming into force of the Union with Ireland Act, 1800.