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CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 23

Application cy-pre0s of gifts of donors unknown or disclaiming.

23.(1) Property given for specific charitable purposes which fail shall be
applicable cy-pre0s as if given for charitable purposes generally, where it
belongs

(a)to a donor who, after such advertisements and inquiries as are reasonable,
cannot be identified or cannot be found; or

(b)to a donor who has executed a written disclaimer of his right to have the
property returned.

(2) For the purposes of this section property shall be conclusively presumed
(without any advertisement or inquiry) to belong to donors who cannot be
identified, in so far as it consists

(a)of the proceeds of cash collections made by means of collecting boxes or by
other means not adapted for distinguishing one gift from another; or

(b)of the proceeds of any lottery, competition, entertainment, sale or similar
money-raising activity, after allowing for property given to provide prizes or
articles for sale or otherwise to enable the activity to be undertaken.

(3) The Court or the Ministry may direct that property not falling within
subsection (2) shall for the purposes of this section be treated (without any
advertisement or inquiry) as belonging to donors who cannot be identified,
where it appears to the Court or, as the case may be, the Ministry either

(a)that it would be unreasonable, having regard to the amounts likely to be
returned to the donors, to incur expense with a view to returning the
property; or

(b)that it would be unreasonable, having regard to the nature, circumstances
and amount of the gifts, and to the lapse of time since the gifts were made,
for the donors to expect the property to be returned.

(4) Where property is applied cy-pre0s by virtue of this section, the donor
shall be deemed to have parted with all his interest at the time when the gift
was made, but where property is so applied as belonging to donors who cannot
be identified or cannot be found, and is not so applied by virtue of
subsection (2) or (3)

(a)the scheme shall specify the total amount of that property; and

(b)the donor of any part of that amount shall be entitled if he makes a claim
not later than six months after the date on which the scheme is made, to
recover from the charity for which the property is applied a sum equal to that
part, less any expenses properly incurred by the trustees of the charity after
that date in connection with claims relating to his gift; and

(c)the scheme may include directions as to the provision to be made for
meeting any such claim.

(5) For the purposes of this section, charitable purposes shall be taken to
fail where any difficulty in applying property to those purposes makes that
property or the part not applicable cy-pre0s available to be returned to the
donors.

(6) In this section, except in so far as the context otherwise requires,
references to a donor include persons claiming through or under the original
donor, and references to property given include the property for the time
being representing the property originally given or property derived from it.

(7) This section shall apply to property given for charitable purposes,
notwithstanding that it was so given before the commencement of this Act

Gifts for mixed purposes.

© 1964 Crown Copyright

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