OG1 D2 - DRAFT S.26 ORDER (SPECIFIED PROVISIONS AND POWER OF AMENDMENT)

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OPERATIONAL GUIDANCE

ORDERS AND SCHEMES

DRAFT S.26 ORDER (SPECIFIED PROVISIONS AND POWER OF AMENDMENT)

OG 1 D2 – 10 May 2004

Purpose

This draft Order is suitable for use when the trustees not only wish to make an amendment[s] to specific provisions in the governing document of their charity but also obtain for future use a constitutional power of amendment, subject to limitations, which will enable them from time to time to amend or add to the governing instrument.

Functional responsibility

For action

Regulatory Framework

For information

All operational divisions

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Section 4 of OG 1 A1 and section 4.2 of OG 1 B1 explain that when a charity requests us to introduce a change by Order or Scheme, the Order or Scheme we make should always include a power of amendment unless the trustees do not want this power included.

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 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 to authorise the amendment of the administrative provisions of the governing document


	Dated


	for the charity known as

ORDER
1.	In this order:
	"the charity" means the charity identified at the beginning of the Order.
	"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 Commissioners authorise the trustees within 6 months of the date of this Order to make the amendment to the administrative provisions of the governing document set out in the schedule to this Order.
3.	The trustees may from time to time further amend the trusts if they are satisfied that it is expedient in the interests of the charity to do so.
4.	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 cease to be a charity at law;
	(4)	altering or extending the power of amendment which is conferred by this Order.
5.	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 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.
6.	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.
7.	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.

	SCHEDULE
	Amendment to the governing document

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