CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 12 Appointment of new charity trustees.

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CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 12

Appointment of new charity trustees.

12.(1) Where it appears to the Ministry that the appointment of a new trustee
or new trustees of a charity is necessary in the interests of the proper
administration of the charity, and that the appointment cannot conveniently be
made otherwise than by an order made under this section or of the Court then,
subject to subsection (2), the Ministry

(a)on the application of the trustee or trustees of the charity;

(b)if there are no trustees of the charity, or they refuse to act or cannot be
found, on the application of any person having an interest; or

(c)if an application is not made to it in pursuance of paragraph (a) or (b)
within such a period as is reasonable (regard being had to all the
circumstances), of its own motion;

(2) The Ministry shall not appoint a new trustee under subsection (1) in
substitution for an existing trustee unless the existing trustee desires to be
discharged from, or refuses to act in, the administration of the charity.

(3) Where

(a)there are no trustees of a charity or they cannot be found; and

(b)it appears to the Ministry that no suitable person is willing to be
appointed as a new trustee of the charity under this section;

(4) An order under subsection (1) may include provisions vesting the property
of the charity for such estate as the Ministry may direct in the persons who
on the appointment are the new trustees, and the provisions shall have the
same effect as if the persons who before the appointment were the trustees, if
any, had duly executed all proper conveyances of the property for such estate
as the Ministry directs, or if there is no such person, or no such person of
full capacity, then as if such person had existed and been of full capacity
and had duly executed all proper conveyances of the property for such estate
as the Ministry directs.

(5) Every trustee of a charity appointed under this section, before as well as
after the property of the charity becomes vested in him

(a)shall have the same powers, authorities and discretions; and

(b)may in all respects act;

(6) The Ministry shall, not less than one month before the date on which the
Ministry proposes to make an order under this section, give public notice of
the proposed order in such manner as the Ministry considers most effectual for
ensuring publicity for the proposal and for bringing it to the attention of
persons interested.

(7) The Ministry shall consider any suggestions received by it in relation to
the proposed order, and may take such action thereon as it considers
appropriate.

(8) The Ministry shall, within fourteen days after making an order under this
section, give public notice of the effect thereof in such manner as the
Ministry considers most effectual for ensuring publicity for the order, and
for bringing it to the attention of persons interested.

(9) Any person having an interest may, within twenty-eight days after the date
of the first publication, in pursuance of subsection (8), of notice of the
effect of an order under this section, appeal to the Court against the order.

(10) Where a person appeals to the Court against an order made under this
section, the Ministry shall, within seven days after the date on which it
receives notice of the appeal, give notice to the Attorney-General that such
an appeal is being made.

(11) On an appeal under subsection (9)

(a)the Court may make such order confirming, annulling or varying an order
under this section, and such order as to costs, as it thinks fit;

(b)the Ministry and the trustees, if any, of the charity concerned shall be
entitled to be represented and heard.

(12) An order under this section

(a)if an appeal is not brought against it, shall become operative on the
expiration of the period of twenty-eight days mentioned in subsection (9);

(b)if an appeal is brought against it, shall become operative on the date of
the final determination of the appeal, if and so far as it is confirmed by
the Court, or, if the appeal is withdrawn, on the date of the withdrawal.

(13) An order under this section shall not operate further or otherwise as a
discharge to any former or continuing trustee than an appointment of new
trustees under any power for that purpose contained in any instrument would
have operated.

(14) This section does not confer power to appoint an executor or
administrator.

(15) Where a body corporate is appointed under this section to be, or a body
corporate appointed under this section becomes, sole trustee of a trust, the
terms of which provide for or require the appointment of more than one
trustee, then during such time as the body corporate holds the office of
trustee of the trust

(a)the terms of the trust shall be treated as providing for or requiring the
appointment of one trustee only; and

(b)one trustee only shall be deemed to have been originally appointed under
the terms of the trust.

Subs.(16) rep. by 1970 c.18 (NI) s.97 sch.14

Cy-pre0s powers of Ministry.

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Northern Irish Legislation

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 12