CHARITIES ACT (NORTHERN IRELAND) 1964

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CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 22



22.(1) Subject to subsection (2), the circumstances in which the original
purposes of a charitable gift can be altered to allow the property given or
part of it to be applied cy-pre0s shall be as follows:

(a)where the original purposes, in whole or in part

(i)have been as far as may be fulfilled; or

(ii)cannot be carried out, or not according to the directions given and to the
spirit of the gift; or

(b)where the original purposes provide a use for part only of the property
available by virtue of the gift; or

(c)where the property available by virtue of the gift and other property
applicable for similar purposes can be more effectively used in conjunction
and to that end can suitably, regard being had to the spirit of the gift, be
made applicable to common purposes; or

(d)where the original purposes were laid down by reference to an area which
then was but has since ceased to be a unit for some other purpose, or by
reference to a class of persons or to an area which has for any reason since
ceased to be suitable, regard being had to the spirit of the gift, or to be
practical in administering the gift; or

(e)where the original purposes, in whole or in part, have, since they were
laid down

(i)been adequately provided by other means; or

(ii)ceased, as being useless or harmful to the community or for other reasons,
to be in law charitable; or

<(iii)ceased in any other way to provide a suitable and effective method of using the property available by virtue of the gift, regard being had to the spirit of the gift.


(2) Subsection (1) shall not affect the conditions which must be satisfied in
order that property given for charitable purposes may be applied cy-pre0s,
except in so far as those conditions require a failure of the original
purposes.

(3) In authorising property comprised in a charitable gift to be applied
cy-pre0s, the Court or the Ministry shall have power to alter

(a)the purposes for which the property given may be applied; and

(b)the provisions and conditions governing the application of the property for
those purposes;

(4) In ascertaining the spirit of a gift for the purpose of subsection (1) or
(3) the Court or the Ministry may take into account the conduct, and any
habits or actions, of the donor and any written or oral declarations made by
him at any time in relation to the gift.

(5) References in subsections (1) and (2) to the original purposes of a gift
shall be construed, where the application of the property given has been
altered or regulated by a scheme or otherwise, as referring to the purposes
for which the property is for the time being applicable.

(6) It is hereby declared that a trust for charitable purposes places a
trustee under a duty, where the case permits and requires the property or some
part of it to be applied cy-pre0s, to secure its effective use for charity by
taking steps to enable it to be so applied.

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Northern Irish Legislation

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 22