OG1 D1 - POWER OF AMENDMENT (ORDERS)

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OPERATIONAL GUIDANCE

ORDERS AND SCHEMES

DRAFT S.26 ORDER (GENERAL POWER OF AMENDMENT FOR A CHARITY WITH TRUSTEES)

OG 1 D1 – 10 May 2004

Purpose

This OG reproduces the model Order sent to charities with individual trustees. Similar Orders are available for charities with a committee of trustees, and for charities with a corporate trustee.

Functional responsibility

For action

Regulatory Framework

For information

All operational divisions

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If the trustees agree to make the requested amendments themselves if they are given a general power to make amendments to the administrative provisions then use this form of Order (D1). If the trustees want us to authorise specific amendments but agree to receive a general power to amend administrative provisions for future use then use this form of Order (D2). Only if the trustees wish to confine the changes to specific matters they have raised with us and do not want a general power to amend administrative provisions then you should use form of Order D3 which is confined to specific changes only.

	ORDER OF
	THE CHARITY COMMISSIONERS FOR ENGLAND AND WALES
	Made under section 26 of the Charities Act 1993

	dated

	for the charity known as

ORDER

1.	In this order:
	"the charity" means [ ]
	"the trusts" means the provisions which at any given time regulate the purposes and administration of the charity.
	"the governing document" means the document or documents setting out the trusts.
	"the trustees" means the trustees of the charity.
	"the Commissioners" means the Charity Commissioners for England and Wales.
2.	The trustees (subject to the provisions of this Order) may from time to time amend the trusts if they are satisfied that it is expedient in the interests of the charity to do so.
3.	The trustees must not make any amendment which would have the effect directly or indirectly of:
	(1)	altering or extending the purposes of the charity;
	(2)	authorising the trustees to do anything which is expressly prohibited by the trusts of the charity;
	(3)	causing the charity to cease to be a charity at law;
	(4)	altering or extending the power of amendment that is conferred by this Order.
4.	The trustees must obtain the prior written approval of the Commissioners before making any amendment which would have the effect directly or indirectly of:
	(1)	enabling them to spend permanent endowment or capitalise income of the charity;
	(2)	conferring a benefit of any kind on all or any of the current trustees or their successors;
	(3)	restricting the existing right of any person (other than the trustees) to appoint or remove a charity trustee, or trustee for the charity, or to intervene in the administration of the charity, without the consent of that person;
	(4)	varying the name of the charity.
5.	An amendment may be made only by a resolution passed at a meeting of the trustees of which not less than 21 days notice has been given. The notice must set out the terms of the proposed amendment.
6.	The trustees must:
	(1)	prepare a written memorandum of each amendment that they make, which must be signed at the meeting at which the amendment is made by the person chairing the meeting;
	(2)	send to the Commissioners a certified copy of the memorandum within three months of the date of the meeting; and
	(3)	retain the memorandum as part of the governing document.

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