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2. S.15 Schemes |
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2.1 The law
2.2 Functional responsibility |
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2.1 The law |
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S.15 of the 1993 Act introduced a simplified procedure for altering the trusts of a charity governed by Royal Charter. |
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Where a Royal Charter establishing or regulating a charitable corporation is amendable by the grant and acceptance of a further Charter, we may make a Scheme relating to the charity, or to the administration of its property, (including a cy-près Scheme) but any part of the Scheme which requires the Charter to be altered cannot take effect until this alteration is made. The Scheme must be framed so as to make this clear (s.15(1)). |
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Amendment of the Royal Charter will be made: |
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- in accordance with the terms of any power of amendment included in the Charter itself; or
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- where there is no power of amendment, by Order in Council following an application by the charity (s.15(2)).
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In practice, most Charters include a power of amendment (including a power to amend the bye-laws or other provisions made under them). This will usually be by some relatively informal means such as a power of amendment exercised by the charity subject to the approval of the Queen in Council or the Privy Council. |
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2.2 Functional responsibility |
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Such Schemes will normally be dealt with by Regulatory Framework (acting on legal advice where appropriate), unless they deal with issues which are novel, or have special legal difficulty, or are legally contentious, or where other circumstances exist making it more appropriate for Legal division to take direct responsibility for the Scheme. |
