EDUCATIONAL ENDOWMENTS (IRELAND) ACT 1885

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EDUCATIONAL ENDOWMENTS (IRELAND) ACT 1885 - SECT 8



8. Where any part of an endowment is an educational endowment within the
meaning of this Act, and part of it is applicable or applied to other
charitable purposes, the scheme shall be in conformity with the following
provisions (except so far as the governing body of such endowment assent to
the scheme departing therefrom); that is to say.

(1)The proportion of the endowment or annual income for the time being derived
therefrom which is applicable to such other charitable uses shall not be
diverted by the scheme from such uses, unless, ...

(a)there are no persons who are entitled to benefit out of such part of the
endowment; or

(b)the purposes of such part of the endowment have failed altogether; or

(c)such purposes have become insignificant in comparison with the magnitude of
such part of the endowment; or

(d)such purposes have become prejudicial to the public welfare.

(2)The proportion of the endowment or annual income for the time being so
applicable to such other charitable uses shall be deemed to be the proportion
which, ... is the proportion which has..., been appropriated as regards
capital, or applied as regards income, to such uses; or if that proportion
differs from the proportion which ought to have been so appropriated or
applied according to the express directions of the instrument of foundation,
or the decree of any competent court, or the statutes or regulations governing
such endowment, the proportion applicable to such other charitable uses shall
be the proportion which ought, according to the express directions of such
instrument, or such decree, or such statutes or regulations, to have been
appropriated or applied to such other charitable uses.

(3)If the proportion applicable to other charitable uses amounts to or exceeds
one-half of the whole of the endowment, the governing body of such endowment
existing at the date of the scheme shall, so far as regards its
non-educational purposes, remain unaltered by the scheme.

(4)Where the governing body remains so unaltered, that body shall pay or apply
for educational purposes such proportion as, under the former provisions of
this section, is applicable to those purposes, or such less sum as may be
fixed...

Para.(5) rep. by SLR 1980

Application to education of non-educational endowments.

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Northern Irish Legislation

EDUCATIONAL ENDOWMENTS (IRELAND) ACT 1885 - SECT 8