On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 01/03/2007.
11. The Charities Act is amended by inserting, immediately after section 26, the following sections:
26A.
—(1) This section shall apply where the Commissioner is satisfied —
(a)
that a person or persons in possession or control of any property held by or on trust for a charity is or are unwilling to apply it properly for the purposes of the charity; and
(b)
that it is necessary or desirable to make an order under this section for the purpose of securing a proper application of that property for the purposes of the charity.
(2) The Commissioner may by order direct the person or persons concerned to apply the property in such manner as is specified in the order.
(3) An order under this section —
(a)
may require action to be taken whether or not it would otherwise be within the powers exercisable by the person or persons concerned in relation to the property; but
(b)
may not require any action to be taken which is prohibited by any written law or expressly prohibited by the trusts of the charity.
(4) Anything done by a person under the authority of an order under this section shall be deemed to be properly done in the exercise of the powers mentioned in subsection (3)(a).
(5) Subsection (4) shall not affect any contractual or other rights arising in connection with anything which has been done under the authority of such an order.
(6) Any person who contravenes an order under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part thereof during which the offence continues after conviction.
26B.
—(1) This section shall apply in respect of any institution that was a charity (whether or not registered under section 5) —
(a)
from the time the institution ceases to be a charity, or ceases to exist or operate, whichever occurs earlier; and
(b)
where the Commissioner is satisfied —
(i)
that a person or persons in possession or control of any property held by or on trust for the institution is or are unwilling to apply it properly for the purposes of the trust; and
(ii)
that it is necessary or desirable to make an order under this section for the purpose of securing a proper application of that property for the purposes of the trust.
(2) The Commissioner may by order direct the person or persons concerned to apply the property in such manner as is specified in the order.
(3) An order under this section —
(a)
may require action to be taken whether or not it would otherwise be within the powers exercisable by the person or persons concerned in relation to the property; but
(b)
may not require any action to be taken which is prohibited by any written law or expressly prohibited by the trusts of the institution.
(4) Anything done by a person under the authority of an order under this section shall be deemed to be properly done in the exercise of the powers mentioned in subsection (3)(a).
(5) Subsection (4) shall not affect any contractual or other rights arising in connection with anything which has been done under the authority of such an order.
(6) Any person who contravenes an order under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part thereof during which the offence continues after conviction.”.