Charitable Donations and Bequests (Amendment) Act, 1955

Power of Commissioners to frame schemes applying cy-près doctrine to certain charitable gifts.

1.—Section 6 of the Charitable Donations and Bequests Act (Ireland), 1871, is hereby repealed and the following section is hereby substituted:—

“6.—(1) Whenever—

(a) it is found unlawful or impracticable to apply any charitable donation, devise or bequest (in this section referred to as “the charitable gift”) according to the direction or intention of the donor, and

(b) the charitable gift consists for the time being of any one or more of the following—

(i) personalty (other than chattels real or an annual sum) the value or amount whereof does not exceed two thousand pounds,

(ii) land (other than an annual sum) the rateable valuation whereof does not exceed sixty pounds,

(iii) an annual sum not exceeding one hundred pounds per annum,

the Commissioners, if they think fit, may by order frame a scheme for the application of the charitable gift to such charitable or pious purposes as they deem best having regard to the directions and intentions of the donor.

(2) (a) An order framing a scheme under subsection (1) shall not be made until the expiration of one month after public notice of the proposal to make it has been given, in such manner as the Commissioners consider expedient and effectual for ensuring publicity thereof, in the districts in which the charity, if of a local character, is applicable, or among the persons interested therein.

(b) The notice shall—

(i) contain (so far as conveniently may be) sufficient particulars of the objects of the proposed order,

(ii) prescribe a reasonable time within which any objections thereto or suggestions thereon may be made to the Commissioners,

and the Commissioners shall consider any objections and suggestions so made to them and may act in reference thereto as they think expedient.

(c) If the Commissioners modify any proposed order it shall not be necessary for them to give notice of such modified order in accordance with paragraphs (a) and (b) of this subsection unless they think further notice desirable.”