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CHARITIES ACT (NORTHERN IRELAND) 1964

CHARITIES ACT (NORTHERN IRELAND) 1964 - LONG TITLE

An Act to replace, with new provisions, certain existing enactments
relating to charities; to make further provision with respect to
gifts to charity and gifts for mixed charitable and non-charitable
purposes; and for purposes connected with those matters.
[20th October 1964]
1962 c.30

And Whereas the Clerk of the Parliaments has certified accordingly
pursuant to section 1 of the Legislative Procedure Act (Northern
Ireland) 1933, as applied by section 12(4) of the Northern Ireland
Act 1962 for the purposes of the said section 12(2)(b):

Applications for opinion etc. of Ministry.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 1

1.(1) The Ministry of Finance (in this Act referred to as "the
Ministry") shall receive and consider any application made to it in
writing by the trustees of any charity for the opinion or advice
of the Ministry in relation to any matter or question concerning
that charity.

(2) Where an application is made to the Ministry under subsection
(1), the Ministry may give, in writing under seal, such opinion or
advice as it considers proper.

(3) Where a trustee acts in accordance with any opinion or advice
given by the Ministry under this section

(a)he shall be deemed to have acted in accordance with the terms
of his trust; and

(b)an order made subsequently by any court shall not affect the
operation of paragraph (a).

(4) Subsection (3)(a) shall not apply in relation to any trustee
who acts in accordance with the opinion or advice of the Ministry
if

(a)he has been guilty of any fraud, wilful concealment or
misrepresentation in making an application for that opinion or
advice; or

(b)before he so acts the opinion of the Court has been obtained in
relation to the matter or question in respect of which an
application has been made under subsection (1) for the opinion or
advice of the Ministry or proceedings to obtain the opinion of the
Court in relation to that matter or question have been instituted.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 2
Certification of cases to Attorney-General.

2.(1) Where it appears to the Ministry that the institution of
legal proceedings should be considered in relation to any charity,
the Ministry may send a certificate to that effect, together with
such particulars as the Ministry considers may be necessary to
explain the matter, to the Attorney-General.

(2) Where the Attorney-General receives a certificate from the
Ministry under subsection (1) he may, if he thinks fit, institute
such legal proceedings as he considers proper.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 3
Power to call for documents and search records.

3.(1)Where the Ministry has reasonable grounds to believe that any
property belonging to a charity or given for charitable purposes may
have been concealed, misapplied or withheld, it may, with the
consent of the Attorney-General, by order require any person having
in his possession or control any books, records, deeds or papers
relating to the charity

(a)to furnish the Ministry with copies of or extracts from any of
those documents; or

(b)unless the document forms part of the records of other documents
of a court or of a public or local authority, to transmit the
document itself to the Ministry for inspection.

(2) Any officer of the Ministry, if so authorised by the Ministry,
shall be entitled without payment to inspect and take copies of or
extracts from the records or other documents of any court, or of
any public registry or office of records, for any purpose connected
with the discharge of the functions of the Ministry under this Act.

(3) The Ministry shall be entitled without payment to keep any copy
or extract furnished to the Ministry under subsection (1); and where
the document transmitted to the Ministry under that subsection for
inspection by the Ministry

(a)relates only to one or more charities; and

(b)is not held by any person entitled as trustee or otherwise to
the custody of the document;

Publication of charitable gifts in wills.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 4

4.(1) Where a will contains a charitable gift to be applied or
paid in Northern Ireland, the Ministry may, if it thinks fit,
require the person to whom probate of the will or letters of
administration with the will annexed have been granted

(a)to produce to the Ministry, within six months after the grant of
probate or letters of administration or within two months after the
date on which the Ministry makes the requirement, whichever period
expires later, such evidence as the Ministry may require to show
either

(i)that the property comprised in the gift has been transferred to
the charity specified in the will; or

(ii)that the trustees of the charity specified in the will are
aware of the gift; or

(b)to publish, within six months after the grant of probate or
letters of administration or within two months after the date on
which the Ministry makes the requirement, whichever period expires
later, such particulars of the gift as the Ministry may require and
in such manner as the Ministry may specify.

(2) If any person fails to comply with any requirement made under
subsection (1) he shall be guilty of an offence and liable on
summary conviction to a fine not exceeding one hundred pounds.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 5
Compromises of claims by or against charities.

5.(1) Where it appears to the trustees of a charity that any claim
by the charity against any person should be compromised, the
trustees or, with their consent, that person may submit a proposal
for the compromise of the claim to the Ministry.

(2) Where it appears to the trustees of a charity that any claim
by any person against the charity or the trustees should be
compromised, the trustees or, with their consent, that person, may
submit a proposal for the compromise of the claim to the Ministry.

(3) Where it appears to the Ministry that a proposal under
subsection (1) or (2) is, with or without any modification, for the
benefit of the charity concerned, the Ministry may make such order
in relation to the compromise specified in the proposal as it
thinks fit.

(4) The Ministry may compromise any claim by or against the
Ministry in respect of any property belonging to a charity of which
the Ministry is a trustee if the Ministry is satisfied that the
compromise would be for the benefit of the charity concerned.

(5) Where the terms and conditions of a compromise under this
section are complied with, legal proceedings shall not be entertained
in any court by or against the charity in relation to the claim
in respect of which the compromise was made.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 6
Transfer of certain administration actions to Ministry.

6.(1) Where

(a)a testator has by will bequeathed or devised any property for
any charitable purpose; and

(b)an action has been instituted for the administration of the
assets of, or for the purpose of carrying out the trusts
established by, the testator;

(2) Where, on an application under subsection (1), a court is
satisfied that there has been undue or improper delay in proceeding
with the action, the court may

(a)transfer the conduct of the action to the Ministry; or

(b)impose on the person having the conduct of the action such terms
as it may consider necessary for the purpose of bringing the action
to a speedy termination;

(3) The Ministry shall, before making an application under subsection
(1), give the Attorney-General notice of its intention to make the
application.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 7
Receipts given by Ministry.

7.(1) Where

(a)a person is liable to pay any sum to or for any charitable
purpose; and

(b)by reason of the death, absence or incapacity of a trustee or
other person capable of giving a valid discharge, or of there being
no such person, difficulty arises in paying the sum;

(2) A receipt given by the Ministry in respect of any sum accepted
by it under subsection (1) shall be a full discharge to the person
who paid the sum to the Ministry.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 8
Funds in court.

8.(1) Where any fund standing to the credit of a charity or
impressed with a charitable trust in any proceedings under the
jurisdiction of a court, is not being applied for the benefit of
the charity or in accordance with that trust, the Ministry may
apply to the court for the transfer of the fund to the Ministry
upon the trusts affecting the fund.

(2) Where the Ministry applies to any court under subsection (1),
the court may make such order as it thinks fit in respect of the
transfer of the fund.

(3) The Ministry shall, before making an application under subsection
(1), give the Attorney-General notice of its intention to make the
application.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 9
Taxation of solicitor's bill.

9.(1) The Ministry may order that a solicitor's bill of costs for
business done for a charity, or the trustees of any charity, shall
be taxed by the [Master (Taxing Office)].

(2) On any order under this section for the taxation of a
solicitor's bill the taxation shall proceed, and the [Master (Taxing
Office)] shall have the same powers and duties, and the costs of
the taxation shall be borne as if the order had been made, on the
application of the person chargeable with the bill, by the Court.

(3) An order shall not be made under this section for the taxation
of any bill

(a)after the bill has been paid, unless the Ministry is of opinion
that the bill contains exorbitant charges; or

(b)if the solicitor's costs are not subject to taxation on an order
of the Court by reason of

(i)an agreement as to his remuneration; or

(ii)the lapse of time since payment of the bill.

Incorporation schemes for charity trustees.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 10

10.(1) The trustees of a charity may apply to the Ministry for a
scheme of incorporation under this section.

(2) Where an application is made to it under subsection (1) the
Ministry may make a scheme establishing, upon such terms and
conditions as the Ministry may specify in the scheme, trustees of
the property belonging to the charity as a body corporate and
vesting that property in that body in accordance with section 11.

(3) A scheme under this section may

(a)contain provisions with respect to the choice and appointment of
trustees of the body incorporated thereunder and provisions for the
management by or on behalf of those trustees of the trusts which
apply to the charity;

(b)contain provisions requiring or entitling any person to produce,
execute or hand over any documents or to do any other act or
thing necessary to secure the vesting of the property belonging to
the charity pursuant to the scheme;

(c)contain such transitional, incidental and supplemental provisions as
appear to the Ministry to be necessary for the purposes of the
scheme; and

(d)be amended from time to time by a subsequent scheme made by the
Ministry upon application made to it by or on behalf of the body
corporate established by the scheme or by any interested person.

(4) A scheme under this section shall, if it contains words
applying section 19 of the Interpretation Act (Northern Ireland) 1954
to the body corporate established by the scheme, have the like
effect by virtue of that section as if it were an Act passed
after the commencement of that Act but, whether or not a scheme
under this section contains such words, every body corporate
established by the scheme shall have a corporate seal and power to
sue in its corporate name as well as power to do every act or
thing necessary for the administration of the trusts applying to the
charity.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 11
Further provisions as to schemes under s.10.

11.(1) A scheme under section 10

(a)shall operate, as from the date of the scheme and without
further assurance, to vest, upon the trusts which apply to the
charity in the body corporate established by the scheme, the
property belonging to the charity together with all rights and
liabilities enjoyed or incurred in connection therewith by all or
any of the persons (in this section referred to as "the
transferors") who immediately before the making of the scheme held
any of that property upon those trusts; and

(b)shall be deemed for the purposes of the registration of the
scheme in any registry to be a conveyance of the trust property by
the transferors to the body corporate established by the scheme.

(2) Upon the making of a scheme under section 10

(a)all moneys, stocks, shares and securities vested by the scheme
which on the date of making of the scheme are standing in the
books of any corporation or company or are entered on any register
kept in pursuance of any enactment shall on request made by or on
behalf of the body corporate established by the scheme be
transferred into the name of that body;

(b)all debts and liabilities incurred by the transferors in
connection with the trust property or the administration of the
charitable trusts and owing immediately before the making of the
scheme (whether then due or in future to become due certainly or
contingently) shall become and be the debts and liabilities of the
body corporate established by the scheme;

(c)all contracts and agreements made by the transferors in connection
with the trust property or the administration of the charitable
trusts and not fully executed and completed before the making of
the scheme shall continue in force but shall be construed and have
effect with the substitution of the body corporate established by
the scheme for the transferors; and

(d)in every action, prosecution or other proceeding in respect of
the trust property or arising on or in connection with its
administration which is pending immediately before the making of the
scheme and to which the transferors are a party, the body corporate
established by the scheme shall become and be a party in the place
of the transferors and the action, prosecution or other proceeding
shall continue accordingly.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 12
Appointment of new charity trustees.

12.(1) Where it appears to the Ministry that the appointment of a
new trustee or new trustees of a charity is necessary in the
interests of the proper administration of the charity, and that the
appointment cannot conveniently be made otherwise than by an order
made under this section or of the Court then, subject to subsection
(2), the Ministry

(a)on the application of the trustee or trustees of the charity;

(b)if there are no trustees of the charity, or they refuse to act
or cannot be found, on the application of any person having an
interest; or

(c)if an application is not made to it in pursuance of paragraph
(a) or (b) within such a period as is reasonable (regard being had
to all the circumstances), of its own motion;

(2) The Ministry shall not appoint a new trustee under subsection
(1) in substitution for an existing trustee unless the existing
trustee desires to be discharged from, or refuses to act in, the
administration of the charity.

(3) Where

(a)there are no trustees of a charity or they cannot be found; and

(b)it appears to the Ministry that no suitable person is willing to
be appointed as a new trustee of the charity under this section;

(4) An order under subsection (1) may include provisions vesting the
property of the charity for such estate as the Ministry may direct
in the persons who on the appointment are the new trustees, and
the provisions shall have the same effect as if the persons who
before the appointment were the trustees, if any, had duly executed
all proper conveyances of the property for such estate as the
Ministry directs, or if there is no such person, or no such person
of full capacity, then as if such person had existed and been of
full capacity and had duly executed all proper conveyances of the
property for such estate as the Ministry directs.

(5) Every trustee of a charity appointed under this section, before
as well as after the property of the charity becomes vested in him

(a)shall have the same powers, authorities and discretions; and

(b)may in all respects act;

(6) The Ministry shall, not less than one month before the date on
which the Ministry proposes to make an order under this section,
give public notice of the proposed order in such manner as the
Ministry considers most effectual for ensuring publicity for the
proposal and for bringing it to the attention of persons interested.

(7) The Ministry shall consider any suggestions received by it in
relation to the proposed order, and may take such action thereon as
it considers appropriate.

(8) The Ministry shall, within fourteen days after making an order
under this section, give public notice of the effect thereof in
such manner as the Ministry considers most effectual for ensuring
publicity for the order, and for bringing it to the attention of
persons interested.

(9) Any person having an interest may, within twenty-eight days
after the date of the first publication, in pursuance of subsection
(8), of notice of the effect of an order under this section,
appeal to the Court against the order.

(10) Where a person appeals to the Court against an order made
under this section, the Ministry shall, within seven days after the
date on which it receives notice of the appeal, give notice to the
Attorney-General that such an appeal is being made.

(11) On an appeal under subsection (9)

(a)the Court may make such order confirming, annulling or varying an
order under this section, and such order as to costs, as it thinks
fit;

(b)the Ministry and the trustees, if any, of the charity concerned
shall be entitled to be represented and heard.

(12) An order under this section

(a)if an appeal is not brought against it, shall become operative
on the expiration of the period of twenty-eight days mentioned in
subsection (9);

(b)if an appeal is brought against it, shall become operative on
the date of the final determination of the appeal, if and so far
as it is confirmed by the Court, or, if the appeal is withdrawn,
on the date of the withdrawal.

(13) An order under this section shall not operate further or
otherwise as a discharge to any former or continuing trustee than
an appointment of new trustees under any power for that purpose
contained in any instrument would have operated.

(14) This section does not confer power to appoint an executor or
administrator.

(15) Where a body corporate is appointed under this section to be,
or a body corporate appointed under this section becomes, sole
trustee of a trust, the terms of which provide for or require the
appointment of more than one trustee, then during such time as the
body corporate holds the office of trustee of the trust

(a)the terms of the trust shall be treated as providing for or
requiring the appointment of one trustee only; and

(b)one trustee only shall be deemed to have been originally
appointed under the terms of the trust.

Subs.(16) rep. by 1970 c.18 (NI) s.97 sch.14

Cy-pre0s powers of Ministry.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 13

13.(1) The Ministry may, in the cases and circumstances specified in
sections 22 and 23, make a cy-pre0s scheme for the application to
charitable purposes of any property given for charitable purposes if
the aggregate value of the property to be comprised in the scheme
does not exceed five thousand pounds.

(2) Before making a scheme under this section the Ministry shall
give notice, in such manner as the Ministry considers appropriate
for the purpose of bringing the proposed scheme to the attention of
persons interested in the charity, of the intention of the Ministry
to make the scheme.

(3) A notice under subsection (2)

(a)shall contain particulars of the objects of the proposed schemes,
so far as it is practicable to give them; and

(b)shall specify a period (not being less than twenty-eight days)
within which any objections to or suggestions in relation to the
proposed scheme may be sent to the Ministry.

(4) The Ministry shall consider any objections and suggestions sent
to it under subsection (3)(b) and may take such action thereon as
it considers appropriate.

(5) Subsection (2) shall not be construed as requiring the Ministry
to give any notice of any modification which the Ministry proposes
to make to a scheme prepared under this section following any
objections or suggestions sent to it under subsection (3)(b) but the
Ministry may, if it thinks fit, give notice of any such
modification.

(6) The Ministry shall, within fourteen days after making a scheme
under this section, give notice of the effect thereof in such
manner as the Ministry considers appropriate for the purpose of
bringing the scheme to the attention of persons interested in the
charity concerned.

(7) The Ministry may make a scheme under this section in relation
to any property notwithstanding that that property is applicable for
a charitable purpose by virtue of a scheme made by the Court.

(8) Any person having an interest may within twenty-eight days after
the date of the first publication, in pursuance of subsection (6),
of notice of the effect of a scheme under this section, appeal to
the Court in relation to the scheme.

(9) Where a person appeals to the Court in relation to a scheme
made under this section, the Ministry shall, within seven days after
the date on which it receives notice of the appeal, give notice to
the Attorney-General that such an appeal is being made.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 14
Misdescribed charitable beneficiaries in wills.

14.(1) Where

(a)under the will of any deceased person (in this section referred
to as "the testator") property not exceeding two hundred and fifty
pounds in value is devised or bequeathed to any institution; and

(b)the personal representatives of the testator are satisfied

(i)that no such institution as is described in the will of the
testator exists; and

(ii)that the testator intended to devise or bequeath the property to
a charity;

(2) A receipt given by the Ministry in respect of any property
accepted by it under subsection (1) shall be a full discharge to
the personal representatives who transferred that property to the
Ministry.

(3) The Ministry may accept any property under subsection (1) only
if it is satisfied that the testator intended to devise or bequeath
the property to a charity.

(4) Where the Ministry accepts any property under subsection (1) it
shall endeavour to ascertain the charity to which the testator
intended to devise or bequeath the property; and

(a)if the Ministry is satisfied that a specific charity is the
devisee or legatee intended by the testator, it shall, if the
Attorney-General consents, transfer the property to that charity;

(b)if the Ministry is unable to satisfy itself as to which charity
in a class of charities is the devisee or legatee intended by the
testator but is satisfied that the testator intended to devise or
bequeath the property to a charity in that class, it shall, if the
Attorney-General consents, either

(i)transfer the property to such charity in that class as appears
to the Ministry to be appropriate having regard to the intentions
of the testator; or

(ii)distribute the property, in such proportions as the Ministry
thinks fit, among such charities in that class as appear to the
Ministry to be appropriate having regard to the intentions of the
testator;

(c)if the Ministry is not satisfied as mentioned in paragraph (b),
but it appears to the Ministry that the testator intended to give
the property for charitable purposes generally, it shall, if the
Attorney-General consents, transfer the property to such charity as
appears to the Ministry to be appropriate having regard to the
intentions of the testator.

Acceptance of charity property by Ministry.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 15

15.(1) The trustees of any charity may, with the consent of the
Ministry, transfer all or any part of any property vested in them
to the Ministry to be held by it upon the trusts affecting the
property.

(2) The Ministry may, if it thinks fit, accept the transfer of any
property whatsoever upon such charitable trusts as the transferor of
the property may direct.

(3) Where the Ministry accepts any property on trust under
subsection (1) or (2), the Ministry may appoint such persons as it
thinks fit to administer, distribute or apply the property or the
income thereof, and may remove any persons so appointed and appoint
others in their place.

(4) Any persons appointed under subsection (3) in relation to any
property shall comply with such directions as the Ministry may issue
with respect to the property.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 16
Proceedings to recover charity property.

16.(1) The Ministry may institute proceedings in any court of
competent jurisdiction to recover any property whatsoever which should
be applied to or for any charitable purpose, if the property is
being concealed, misapplied or withheld.

(2) The Ministry shall, before instituting any proceedings under
subsection (1), give the Attorney-General notice of its intention to
institute the proceedings.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 17
Leases of and improvements to charity lands.

17.(1) Where the trustees of a charity are of opinion that in
relation to any land belonging to the charity it would be for the
benefit of the charity

(a)to let any part of the land

(i)on building, repairing, improving or other leases; or

(ii)on leases for working any mines or minerals;

(b)to dig for or raise any stone, clay, gravel or other minerals
on the land;

(c)to cut any timber on the land;

(d)to make any new road or street, or lay any drains or sewers,
through the land;

(e)to erect any new building or repair, alter, rebuild or remove
any existing building on the land;

(f)to make any other improvements or alterations in or on the land;

(2) Where the Ministry is of opinion that any proposals made to it
under subsection (1) would be for the benefit of the charity
concerned, the Ministry may confer power to execute the proposals
(with or without modifications), subject to such conditions as it
may specify.

(3) The Ministry may, in relation to any proposals made to it
under subsection (1), confer power to apply any funds belonging to
the charity to which the proposals relate for any of the purposes
referred to in subsection (1).

(4) The Ministry may, in relation to any charity of which it is
the trustee, make such leases and perform such acts as are
described in subsection (1), as it considers to be for the benefit
of the charity.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 18
Sale, exchange or mortgage of charity lands.

18.(1) Where

(a)the trustees of a charity apply to the Ministry for power to
sell, exchange or mortgage any land belonging to the charity or to
surrender any lease held by the charity; and

(b)the Ministry is satisfied that the proposed sale, exchange,
mortgage or surrender would be for the benefit of the charity;

(2) The Ministry may, if it is satisfied that to do so would be
for the benefit of the charity

(a)sell, exchange or mortgage any land belonging to a charity of
which the Ministry is the trustee;

(b)surrender any lease held by a charity of which the Ministry is
the trustee.

[(3) Subsection (1) shall apply to land belonging to a charity,
other than land held inalienably by the National Trust for Places
of Historic Interest or Natural Beauty, notwithstanding any enactment
(including a local or private Act) providing that the land shall be
inalienable.]

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 19
Redemption of rent-charges etc. payable to charity.

19.(1) Where

(a)a periodical payment charged on land is payable to the trustees
of a charity; and

(b)the trustees apply to the Ministry for power to agree to the
redemption of the payment by the owner of the land charged with
it;

(2) Where any periodical payment charged on land is payable to the
Ministry as the trustee of any charity, the Ministry may, subject
to such terms and conditions as it may specify, agree to the
redemption of the payment by the owner of the land if it is
satisfied that to do so would be for the benefit of the charity.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 20
Redemption of rent-charges etc., charged on charity's land.

20.(1) Where

(a)any land held by a charity is charged with a periodical payment;
and

(b)the trustees of the charity apply to the Ministry for power to
redeem the payment;

(2) Where any land held by the Ministry as the trustee of a
charity is charged with any periodical payment, the Ministry may,
subject to such terms and conditions as it may specify, redeem the
payment out of any funds belonging to the charity, if it is
satisfied that to do so would be for the benefit of the charity.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 21
Effect of transactions under ss.17 to 20.

21.(1) Any sale, exchange, mortgage, lease or other transaction
effected in pursuance of any power conferred by the Ministry under
sections 17 to 20 shall have the same effect and validity as if
the terms of the trust affecting the charity concerned had contained
express terms conferring power to effect the sale, exchange,
mortgage, lease or transaction.

(2) The Ministry may confer any power specified in section 17, 18,
19 or 20 with retrospective effect.

(3) Nothing in sections 17 to 20 shall operate to require the
trustees of a charity to apply to the Ministry for power to do
any act or thing which they are expressly or impliedly empowered to
do by virtue of the terms of the trusts affecting the charity in
question.

(4) Any reference in this section to the trusts of a charity
includes a reference to any trusts contained in or created under
any enactment (whether public general, local or private).

Occasions for applying property cy-pre0s.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 22

22.(1) Subject to subsection (2), the circumstances in which the
original purposes of a charitable gift can be altered to allow the
property given or part of it to be applied cy-pre0s shall be as
follows:

(a)where the original purposes, in whole or in part

(i)have been as far as may be fulfilled; or

(ii)cannot be carried out, or not according to the directions given
and to the spirit of the gift; or

(b)where the original purposes provide a use for part only of the
property available by virtue of the gift; or

(c)where the property available by virtue of the gift and other
property applicable for similar purposes can be more effectively used
in conjunction and to that end can suitably, regard being had to
the spirit of the gift, be made applicable to common purposes; or

(d)where the original purposes were laid down by reference to an
area which then was but has since ceased to be a unit for some
other purpose, or by reference to a class of persons or to an
area which has for any reason since ceased to be suitable, regard
being had to the spirit of the gift, or to be practical in
administering the gift; or

(e)where the original purposes, in whole or in part, have, since
they were laid down

(i)been adequately provided by other means; or

(ii)ceased, as being useless or harmful to the community or for
other reasons, to be in law charitable; or

<(iii)ceased in any other way to provide a suitable and effective method of using the property available by virtue of the gift, regard being had to the spirit of the gift.

(2) Subsection (1) shall not affect the conditions which must be
satisfied in order that property given for charitable purposes may
be applied cy-pre0s, except in so far as those conditions require a
failure of the original purposes.

(3) In authorising property comprised in a charitable gift to be
applied cy-pre0s, the Court or the Ministry shall have power to
alter

(a)the purposes for which the property given may be applied; and

(b)the provisions and conditions governing the application of the
property for those purposes;

(4) In ascertaining the spirit of a gift for the purpose of
subsection (1) or (3) the Court or the Ministry may take into
account the conduct, and any habits or actions, of the donor and
any written or oral declarations made by him at any time in
relation to the gift.

(5) References in subsections (1) and (2) to the original purposes
of a gift shall be construed, where the application of the property
given has been altered or regulated by a scheme or otherwise, as
referring to the purposes for which the property is for the time
being applicable.

(6) It is hereby declared that a trust for charitable purposes
places a trustee under a duty, where the case permits and requires
the property or some part of it to be applied cy-pre0s, to secure
its effective use for charity by taking steps to enable it to be
so applied.

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.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 24

24.(1) Where

(a)property is given for purposes so described that, consistently
with the terms of the gift the property could all be used for
charitable purposes but could equally well be used wholly or partly
for purposes which are not charitable; and

(b)the gift would, but for this section, be invalid;

(2) Where the terms of a gift and the surrounding circumstances
appear to the Court or, as the case may be, the Ministry to show
a predominant intention on the part of the donor to further a
particular charitable purpose the Court or, as the case may be, the
Ministry shall, in making a scheme under subsection (1), have
regard, so far as practicable, to that intention.

(3) Where

(a)property is disposed of by way of successive gifts so that a
gift is dependent upon a prior gift; and

(b)the prior gift has been made the subject of a scheme under this
section;

(4) Section 13 shall, subject to any necessary modifications, apply
to any scheme made by the Ministry under subsection (1) as it
applies to a cy-pre0s scheme made by the Ministry.

Common investment schemes.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 25

25.(1) The Court or the Ministry may by order make and bring into
effect schemes (in this section referred as "common investment
schemes") for the establishment of common investment funds under
trusts which provide

(a)for property transferred to the fund by or on behalf of a
charity participating in the scheme to be invested under the control
of trustees appointed to manage the fund; and

(b)for the participating charities to be entitled (subject to the
provisions of the scheme) to the capital and income of the fund in
shares determined by reference to the amount or value of the
property transferred to it by or on behalf of each of them and to
the value of the fund at the time of the transfers.

(2) The Court or the Ministry may make a common investment scheme
on the application of any two or more charities.

(3) A common investment scheme may be made in terms admitting any
charity to participate or may restrict the right to participate in
any manner.

(4) A common investment scheme may make provision for, and for all
matters connected with, the establishment, investment, management and
winding up of the common investment fund.

(5) A common investment scheme may in particular include provision

(a)for remunerating persons appointed trustees to hold or manage the
fund or any part of it, with or without provision authorising a
person to receive the remuneration notwithstanding that he is also a
trustee of or for a participating charity;

(b)for restricting the size of the fund;

(c)for regulating as to time, amount or otherwise the right to
transfer property to or withdraw it from the fund;

(d)for enabling sums to be advanced out of the fund by way of
loan to a participating charity pending the withdrawal of property
from the fund by the charity;

(e)for enabling income to be withheld from distributions with a view
to avoiding fluctuations in the amounts distributed, and generally
for regulating distributions of income;

(f)for enabling moneys to be borrowed temporarily for the purpose of
meeting payments to be made out of the fund;

(g)for enabling questions arising under the scheme as to the right
of a charity to participate, or as to the rights of participating
charities, or as to any other matter, to be conclusively determined
by the decision of the trustees managing the fund or in any other
manner;

(h)for regulating the accounts and information to be supplied to
participating charities.

(6) A common investment scheme, in addition to the provision for
property to be transferred to the fund on the basis that the
participating charity shall be entitled to a share in the capital
and income of the fund, may include provision for enabling sums to
be deposited by or on behalf of a charity on the basis that
(subject to the provisions of the scheme) the charity shall be
entitled to repayment of the sums deposited and to interest thereon
at a rate determined by or under the scheme.

(7) Where a common investment scheme makes any such provision as is
authorised by subsection (6), the scheme shall also provide for
excluding from the amount of capital and income to be shared
between charities participating otherwise than by way of deposit such
amounts (not exceeding the amounts properly attributable to the
making of deposits) as are from time to time reasonably required in
respect of the liabilities of the fund for the repayment of
deposits and for the interest on deposits, including amounts required
by way of reserve.

(8) The Ministry may by a common investment scheme provide for
investment of any property belonging to a charity of which the
Ministry is the trustee, and the common investment fund established
under this subsection shall be known as the "central investment
fund".

(9) The Ministry, on the application of a charity, may admit the
charity to participate in the central investment fund on such terms
and subject to such conditions as are specified in the scheme
establishing that fund.

(10) The Ministry shall appoint a committee of persons who have
special experience of investment and finance or of the administration
of trusts to advise it with respect to the investment of the
central investment fund.

(11) Except in so far as a common investment scheme provides to
the contrary, the rights under it of a participating charity shall
not be capable of being assigned or charged, nor shall any trustee
or other person concerned in the management of the common investment
fund be required or entitled to take account of any trust or other
equity affecting a participating charity or its property or rights.

(12) The powers of investment of every charity shall include power
to participate in common investment schemes, unless power to do so
is excluded by a provision in the trusts of the charity
specifically referring to common investment schemes.

(13) A body corporate in which a common investment fund is vested
may, as trustee of the fund, hold any estate in land, without
restriction as to area, notwithstanding anything contained in any
enactment or in any instrument under which it is incorporated.

(14) Notwithstanding that the assets comprised in a common investment
fund include any estate in land, a share in the capital and income
of a fund shall not be taken to be an estate in land.

(15) A common investment fund shall be deemed for all purposes to
be a charity.

(16) The persons managing a common investment fund shall not be
treated for the purposes of the Prevention of Fraud (Investments)
Act (Northern Ireland) 1940 as carrying on the business of dealing
in securities within the meaning of that Act, nor shall section
13(1) of that Act (restriction on the circulation of circulars
relating to investments) prohibit the distribution or possession of
any document by reason only that it contains an invitation or
information relating to a common investment fund.

(17) Subsections (15) and (16) shall apply not only to common
investment funds established under the powers conferred by this
section but also to any similar fund established for the exclusive
benefit of charities by or under any enactment relating to any
particular charities or class of charity.

Power of two-thirds of trustees to act for certain purposes.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 26

26.(1) Subject to subsection (2), where four or more trustees are
for the time being acting in the administration of a charity, not
less than two-thirds of the number of trustees so acting may, in
the names and on behalf of the trustees of the charity, make any
application, perform any act or exercise any power, specified in
subsection (3).

(2) Where the terms of a charitable trust require a minimum of
four or more trustees to act, then if that minimum number is for
the time being acting, not less than two-thirds of that number may,
in the names and on behalf of the trustees of the charity, make
any application, perform any act or exercise any power, specified in
subsection (3).

(3) The said applications, acts and powers are as follows, namely:

(a)to make any application to the Ministry under this Act;

(b)to perform such acts and enter into such contracts as may be
necessary for the purpose of disposing of any property belonging to
the charity;

(c)to execute such assurances or other deeds or instruments as may
be necessary for the purpose of giving effect to any disposition of
any property belonging to the charity;

(d)to exercise any power conferred on the trustees of a charity by
or under this Act.

(4) For the purposes of subsection (1) or (2) where two-thirds of
a number is a whole number and a fraction, the whole number and
fraction shall be taken to be the next higher whole number.

(5) An application made, act performed or power exercised by virtue
of subsection (1) or (2) shall have the same effect as if made or
exercised by all the trustees for the time being acting in relation
to the charity concerned.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 27
Duty to keep accounts.

27.(1) The trustees of a charity shall keep proper books of account
with respect to the affairs of the charity, and the trustees of
any charity who are not required by or under any other enactment
to prepare periodical statements of account shall prepare consecutive
statements of account each consisting of

(a)a receipts and payments or an income and expenditure account
relating to a period of not more than fifteen months; and

(b)if the value of the property belonging to the charity exceeds
five hundred pounds, and the Ministry so directs, a balance sheet
relating to the end of that period.

(2) The books of account and statements of account relating to any
charity shall be preserved for a period of at least seven years,
unless

(a)the charity ceases to exist; and

(b)the Ministry permits the books and statements to be destroyed or
otherwise disposed of.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 28
Deposit of deeds etc., with Ministry for safe keeping.

28.(1) Any trustees or other persons who have the custody of any
deeds or instruments relating to a charity may, with the consent of
the Ministry, deposit them with the Ministry for safe keeping.

(2) The Ministry may establish and maintain such facilities as it
considers necessary for the purposes of this section.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 29
Applications to Court.

29.(1) Where

(a)there is or is alleged to be a breach of any charitable trust;
or

(b)the advice or order of the Court is required in connection with
the administration of any charitable trust (including the application
cy-pre0s of any property belonging to a charity);

(2) An order made on an application under this section may contain
such provisions as the Court considers just.

(3) An application under this section (other than an application by
the Ministry) shall not be made without the consent of the
Attorney-General.

(4) The Ministry shall, before making an application under this
section, give the Attorney-General notice of its intention to make
the application.

Returns of charitable gifts by Master (Probate and Matrimonial).

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 30

30.(1) [The Master (Probate and Matrimonial)] shall, between 1st July
and 1st November annually, make a certified return to the Ministry
of every charitable gift to be applied or paid in Northern Ireland
which is contained in any will entered in [the Probate and
Matrimonial Office, or of which a copy has been forwarded to him
from a branch office of that Office].

(2) The return required under subsection (1) shall specify

(a)the name of the testator;

(b)the names of the persons to whom probate of the will or letters
of administration with the will annexed have been granted; and

(c)the date of the will and of the probate or letters of
administration.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 31
Enforcement of requirements made by the Ministry.

31.(1) Any person who

(a)fails to comply with any requirement contained in an order under
section 3(1); or

(b)fails to comply with any requirement contained in a scheme
pursuant to section 10(3)(b);

(2) The Ministry shall, before making an application under subsection
(1), give the Attorney-General notice of its intention to make the
application.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 32
Value of property for purposes of Act.

32.(1) In determining the value of any property for the purposes of
this Act

(a)the value of any land shall be taken to be the net annual
value of the land multiplied by [twelve];

(b)the value of any periodical payment charged on or issuing out of
land shall be taken to be the aggregate annual amount of the
payment multiplied by [eight];

(2) The Ministry may by order made subject to affirmative resolution
substitute multiples other than eighty and fifteen for those
specified in subsection (1)(a) and (b).

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 33
Costs and expenses of Ministry.

33.(1) Any expenses incurred by the Ministry under this Act shall,
except where any other provision provides for their defrayal in some
other manner, be defrayed out of moneys provided by Parliament.

(2) Any costs or expenses incurred by the Ministry (other than any
expenses incidental to the employment of any person in the Civil
Service of Northern Ireland) in managing, administering, preserving or
recovering any property vested in the Ministry under this Act, or
otherwise in executing this Act, may be deducted by the Ministry
from the funds of the charity in respect of which the costs or
expenses were incurred.

(3) Where the Ministry deducts any costs or expenses from the funds
of a charity under subsection (2), the trustees of the charity or
any person claiming to be interested may apply to the [Master
(Taxing Office)] for an order for the taxation of those costs or
expenses.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 34
Annual report by Ministry.

34.(1) The Ministry shall prepare an annual report of the
proceedings of the Ministry under this Act.

(2) The Ministry shall cause a copy of every report prepared under
subsection (1) to be laid before each House of Parliament.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 35
Interpretation.

35. In this Act

"charitable gift" means a gift for charitable purposes;

"charitable purposes" means purposes which are exclusively charitable
according to the law of Northern Ireland;

"charity" means any institution, corporate or not, which is
established for charitable purposes and is subject to the control of
the Court in the exercise of the Court's jurisdiction with respect
to charities;

"the Court", subject to [Article 14(b) of the County Courts
(Northern Ireland) Order 1980], means the High Court;

"fund" includes any interest, present or future, in any stock,
shares, annuities or other securities or choses in action, and also
includes money;

"gift" means any donation, devise or bequest;

"institution" includes any trust or undertaking;

"mortgage", in relation to any registered land, means a charge
created under section 40 of the Local Registration of Title
(Ireland) Act 1891;

"trustees" in relation to a charity, means the persons having the
general control and management of the administration of the charity;

"trusts", in relation to a charity, means the provisions establishing
it as a charity and regulating its purposes and administration,
whether those provisions take effect by way of trust or not;

"will" includes a codicil to a will.

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 36
Saving for functions of Attorney-General.

36. Nothing in this Act shall affect any power conferred or duty
imposed on the Attorney-General in relation to any charity, other
than a power conferred or a duty imposed by an enactment repealed
by this Act.

S.37, with Schedule, effects repeals

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 38
Short title and commencement.

38.(1) This Act may be cited as the Charities Act (Northern
Ireland) 1964.

(2) Commencement

ScheduleRepeals