Charities Act, 1961

Alteration of schemes under Educational Endowments (Ireland) Act, 1885.

30.—(1) In this section—

“the Act” means the Educational Endowments (Ireland) Act, 1885 ;

“scheme” means a scheme framed and approved under the Act;

“the enabling clause” means, in relation to a scheme, the clause (which empowers the Board to alter the scheme) inserted in the scheme in exercise of the powers conferred by section 18 of the Act;

references to a scheme shall, where the scheme has been altered under the enabling clause, be construed as references to the scheme as so altered.

(2) For the avoidance of doubt, it is hereby declared that, subject to subsection (3),—

(a) the power of altering a scheme in any matter or manner conferred on the Board by the enabling clause includes power to make in the scheme all such alterations as may be requested by the person or persons upon whose application the Board are, under the enabling clause, empowered to make alterations in that matter or manner;

(b) the alterations in the scheme may include—

(i) provision for any of the matters mentioned in section 6 of the Act, and

(ii) where the endowment consists in whole or in part of school premises, provisions authorising the sale of the premises and the application of the moneys arising therefrom for any purpose which in the opinion of the Board is in furtherance of education;

(c) any alterations so made shall be deemed not to be contrary to anything contained in the Act.

(3) The Board shall not under the enabling clause of a scheme so alter the scheme that any endowment applicable under the scheme would become applicable for any purposes other than such as are, in the opinion of the Board, in furtherance of education.

(4) Any alterations made in a scheme before the commencement of this Act in purported exercise of the powers conferred by the enabling clause shall, if made at the request of the person or persons upon whose application the Board are under the enabling clause empowered to make alterations, be deemed to have been duly made.

(5) Alterations of a scheme under the enabling clause shall, unless the Board are of opinion that the alterations are of a formal or minor nature, not be made until the expiration of one month after public notice of the proposal to make the alterations 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 alterations, and

(b) prescribe a reasonable time within which any objection thereto or suggestions thereon may be made to the Board,

and the Board shall consider any objections and suggestions so made to them and may, subject to subsection (7), act in reference thereto as they think expedient.

(7) The Board shall not, as the result of any objections or suggestions made to them, modify the proposed alterations of a scheme except with the consent of the person or persons upon whose application the Board are under the enabling clause empowered to make alterations of the scheme.

(8) If the Board modify any proposed alterations, it shall not be necessary to give notice of such modified alterations in accordance with subsections (5) and (6), unless the Board think further notice desirable.