On 18/05/2013,
you requested for the version in force on 18/05/2013
incorporating all amendments published on or before 18/05/2013.
The closest version currently available is that of 01/03/2011.
PART VI
APPLICATION OF PROPERTY CY-PRèS AND ASSISTANCE AND SUPERVISION OF CHARITIES BY COURT AND COMMISSIONER
21.
—(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-près shall be as follows:
(a)
where the original purposes, in whole or in part —
(i)
have been as far as may be fulfilled;
(ii)
cannot be carried out; or
(iii)
cannot be carried out according to the directions given and to the spirit of the gift;
(b)
where the original purposes provide a use for part only of the property available by virtue of the gift;
(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;
(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 for by other means;
(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-près, except in so far as those conditions require a failure of the original purposes.
(3) 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.
(4) 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-près, to secure its effective use for charity by taking steps to enable it to be so applied.
(5) This section shall apply to property given for charitable purposes, notwithstanding that it was so given before 1st January 1995.
[Charities Act 1985 Ed., s. 11]
22.
—(1) Property given for specific charitable purposes which fail shall be applicable cy-près as if given for charitable purposes generally, where it belongs to a donor who —
(a)
after the prescribed advertisements and inquiries have been published and made, and after the prescribed period beginning with the publication of those advertisements has expired, cannot be identified or cannot be found; or
(b)
has executed a disclaimer in the prescribed form of his right to have the property returned.
(2) Where the prescribed advertisements and inquiries have been published and made by or on behalf of trustees with respect to any such property, the trustees shall not be liable to pay to any person in respect of the property if no claim by him to be interested in the property is received by the trustees before the expiry of the period specified in subsection (1)(a).
(3) 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 of the proceeds of —
(a)
cash collections made by means of collecting boxes or by other means not adapted for distinguishing one gift from another; or
(b)
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.
(4) The High Court may by order direct that property not falling within subsection (3) 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 —
(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.
(5) Where property is applied cy-près 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 (3) or (4) —
(a)
the scheme shall specify the total amount of that property;
(b)
the donor of any part of that amount shall be entitled, if he makes a claim not later than 6 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 governing board members 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.
(6) Where —
(a)
any sum is, in accordance with any directions in a scheme, set aside for meeting any such claims; but
(b)
the aggregate amount of any such claims actually made exceeds the relevant amount,
then if the Commissioner so directs, each of the donors in question shall be entitled only to such proportion of the relevant amount as the amount of his claim bears to the aggregate amount referred to in paragraph (b); and for this purpose, “relevant amount” means the amount of the sum so set aside after deduction of any expenses properly incurred by the governing board members of the charity in connection with claims relating to the donors’ gifts.
(7) For the purposes of this section, charitable purposes shall be deemed to fail where any difficulty in applying property to those purposes makes that property or the part not applicable cy-près available to be returned to the donors.
(8) 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.
(9) This section shall apply to property given for charitable purposes, notwithstanding that it was so given before 1st January 1995.
[Charities Act 1985 Ed., s. 12]
23.
—(1) The High Court may by order vest any property held by or in trust for a charity in the Public Trustee or authorise or require the persons in whom the property is vested to transfer it to him, or appoint any person to transfer the property to him; and the property may be vested in the Public Trustee with or without powers of management as the Court may direct.
(2) Where any property is held by or in trust for a charity, or is comprised in any testamentary gift to a charity, the property may, with the agreement of the Public Trustee, be transferred to him; and his receipt for the property comprised in a testamentary gift to a charity shall be a complete discharge of the personal representative.
(3) Where property is vested in the Public Trustee in trust for a charity, the High Court may make an order discharging him from the trusteeship as respects all or any of that property.
(4) Where the Public Trustee is discharged from his trusteeship of any property, or the trusts on which he holds any property come to an end, the High Court may make such vesting orders and give such directions as may seem to the Court to be necessary or expedient in consequence.
(5) No person shall —
(a)
be liable for any loss occasioned by his acting in conformity with an order under this section or by his giving effect to anything done in pursuance of that order; or
(b)
be excused from so doing by reason of the order under this section having been in any respect improperly obtained.
(6) No vesting or transfer of any property in pursuance of this section shall operate as a breach of a covenant or condition against alienation or give rise to a forfeiture.
[Charities Act 1985 Ed., s. 13]
24.
—(1) Subject to the provisions of this Act, the Commissioner may, with the consent of the Attorney-General, by order exercise the same jurisdiction and powers as are exercisable by the High Court in charity proceedings for the following purposes:
(a)
establishing a scheme for the administration of a charity;
(b)
appointing, discharging or removing a governing board member of a charity or trustee for a charity, or removing an officer or employee; and
(c)
vesting or transferring property, or requiring or entitling any person to call for or make any transfer of property or any payment.
(2) The Commissioner shall not have jurisdiction under this section to try or determine the title to any property as between a charity or trustee for a charity and a person holding or claiming the property or an interest in it adversely to the charity, or to try or determine any question as to the existence or extent of any charge or trust.
(3) Before exercising any jurisdiction under this section, the Commissioner shall give notice of his intention to do so to each of the governing board members except those who cannot be found or who have no known address in Singapore; and the notice may be given by post and, if given by post, may be addressed to the governing board member’s last known address in Singapore.
(4) The Commissioner shall not exercise his jurisdiction under this section in any case (not referred to him by order of the High Court) which, by reason of its contentious character, or of any special question of law or of fact which it may involve, or for other reasons, the Commissioner may consider more fit to be adjudicated on by the High Court.
(5) An appeal against any order of the Commissioner under this section may at any time, within the 3 months beginning with the day following that on which the order is published, be brought in the High Court by the charity or any of the governing board members, or any person interested in the charity, or by any person removed from any office or employment by the order.
[Charities Act 1985 Ed., s. 14]
25.
—(1) Where, at any time after the Commissioner has instituted an inquiry under section 8 with respect to any charity, he is satisfied —
(a)
that there is or has been any misconduct or mismanagement in the administration of the charity; and
(b)
that it is necessary or desirable to act for the purpose of protecting the property of the charity or securing a proper application for the purposes of the charity of that property or of property coming to the charity,
the Commissioner may, with the consent of the Attorney-General, do one or more of the following things:
(i)
by order remove any trustee, governing board member, officer, agent or employee of the charity who has been responsible for or privy to the misconduct or mismanagement or has by his conduct contributed to it or facilitated it;
(ii)
by order establish a scheme for the administration of the charity;
(iii)
notwithstanding anything in the governing instruments of the charity, by order restrict the transactions which may be entered into, or the nature or amount of the payments which may be made, in the administration of the charity without his approval.
(2) Where, at any time after the Commissioner has instituted an inquiry under section 8 with respect to any charity, he is satisfied —
(a)
that there is or has been any misconduct or mismanagement in the administration of the charity; or
(b)
that it is necessary or desirable to act for the purpose of protecting the property of the charity or securing a proper application for the purposes of the charity of that property or of property coming to the charity,
the Commissioner may, with the consent of the Attorney-General, do one or more of the following things:
(i)
by order suspend any trustee, governing board member, officer, agent or employee of the charity from the exercise of his office or employment pending consideration being given to his removal (whether under this section or otherwise);
(ii)
by order appoint such number of additional governing board members or key officers as he considers necessary for the proper administration of the charity;
(iii)
by order vest any property held by or in trust for the charity in the Public Trustee, or require the persons in whom any such property is vested to transfer it to the Public Trustee, or appoint any person to transfer any such property to him;
(iv)
order any person who holds any property on behalf of the charity, or of any trustee for it, not to part with the property without the approval of the Commissioner;
(v)
order any debtor of the charity not to make any payment in or towards the discharge of his liability to the charity without the approval of the Commissioner;
(vi)
by order restrict (notwithstanding anything in the governing instruments of the charity) the transactions which may be entered into, or the nature or amount of the payments which may be made, in the administration of the charity without the approval of the Commissioner;
(vii)
by order appoint (in accordance with section 26) a receiver and manager in respect of the property and affairs of the charity.
(3) The references in subsections (1) and (2) to misconduct or mismanagement shall (notwithstanding anything in the governing instruments of the charity) extend to the employment for remuneration or reward of persons acting in the affairs of the charity, or for other administrative purposes, of sums which are excessive in relation to the property which is or is likely to be applied or applicable for the purposes of the charity.
(4) The Commissioner may remove a governing board member or key officer by order made of his own motion where the governing board member or key officer —
(a)
has been convicted of an offence involving dishonesty, fraud or moral turpitude;
(b)
is a bankrupt;
(c)
is a corporation in liquidation;
(d)
lacks capacity (within the meaning of the Mental Capacity Act 2008) to exercise his functions as governing board member or key officer;
(e)
has not acted, and will not declare his willingness or unwillingness to act; or
(f)
is outside Singapore or cannot be found or does not act, and his absence or failure to act impedes the proper administration of the charity.
(5) The Commissioner may, by order made of his own motion, appoint a person to be a governing board member or key officer —
(a)
in place of a governing board member or key officer removed by him under this section or otherwise;
(b)
where there are no governing board members, or where by reason of vacancies in their number or the absence or incapacity of any of their number the charity cannot apply for the appointment;
(c)
where there is a single governing board member or key officer, not being a corporation, and the Commissioner is of the opinion that it is necessary to increase the number for the proper administration of the charity; or
(d)
where the Commissioner is of the opinion that it is necessary for the proper administration of the charity to have an additional governing board member or key officer, because one of the existing governing board members or key officers who ought nevertheless to remain a governing board member or key officer cannot be found or does not act or is outside Singapore.
(6) The powers of the Commissioner under this section to remove or appoint governing board members or trustees for a charity shall include the power to make any such order with respect to the vesting in or transfer to the governing board members or trustees for a charity of any property as the Commissioner may make on the removal or appointment of a governing board member or trustee for the charity by him under section 24.
(7) Any order under this section for the removal or appointment of a governing board member or trustee for a charity, or for the vesting or transfer of any property, shall be of the like effect as an order made under section 24.
(8) Section 24(4) shall apply to orders under this section as it applies to orders under section 24.
(9) The power of the Commissioner to make an order under subsection (2)(i) shall not be exercisable so as to suspend any person from the exercise of his office or employment for a period of more than 12 months; but (without prejudice to the generality of section 42) any such order made in the case of any person may make provision as respects the period of his suspension for matters arising out of it, and in particular for enabling any person to execute any instrument in his name or otherwise act for him and, in the case of a governing board member, for adjusting any rules governing the proceedings of the governing board members to take account of the reduction in the number capable of acting.
(10) Before exercising any jurisdiction under this section (otherwise than by virtue of subsection (2)), the Commissioner shall give notice of his intention to do so to —
(a)
each of the governing board members; and
(b)
in the case of an order —
(i)
for the removal of any trustee for the charity or key officer;
(ii)
for the appointment of an additional trustee for the charity or a key officer; or
(iii)
for the transfer of any property,
each trustee for the charity or key officer concerned,
except those who cannot be found or who have no known address in Singapore.
(10A) A notice referred to in subsection (10) may be given by post and, if given by post, may be addressed to the last known address in Singapore of the governing board member or trustee for the charity or key officer, as the case may be.
(11) The Commissioner shall, at such intervals as he thinks fit, review any order made by him under subsection (2)(i), (iii), (iv), (v), (vi) or (vii); and if on any such review it appears to him that it would be appropriate to discharge the order in whole or in part, he shall so discharge it (whether subject to any savings or transitional provisions or not).
(12) Any person who contravenes an order under subsection (2)(iv), (v) or (vi) 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 one year or to both.
(13) Nothing in subsection (12) shall be taken to preclude the bringing of proceedings for breach of trust against any governing board member or trustee for a charity in respect of a contravention of an order under subsection (2)(iv) or (vi) (whether proceedings in respect of the contravention are brought against him under subsection (12)).
(14) This section shall not apply to an exempt charity.
[Charities Act 1985 Ed., s. 15]
25A.
—(1) This section shall apply where the Commissioner makes an order under section 25 removing or suspending any trustee, governing board member, officer, agent or employee of a charity from his office or employment, as the case may be, and the person in question is a member of the charity.
[10/2007]
(2) If the order suspends the person in question from his office or employment, the Commissioner may also make an order suspending his membership of the charity for the period for which he is suspended from his office or employment.
[10/2007]
(3) If the order removes the person in question from his office or employment, the Commissioner may also make an order —
(a)
terminating his membership of the charity; and
(b)
prohibiting him from resuming his membership of the charity for not less than 2 years or such time as the Commissioner may specify.
[10/2007]
(4) Any person who continues in his membership of a charity in contravention of an order under subsection (2) or (3) 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.
[10/2007]
(5) This section shall not apply to an exempt charity.
[10/2007]
26.
—(1) The Commissioner may under section 25(2)(vii) appoint to be receiver and manager in respect of the property and affairs of a charity such person (other than an officer or employee of the charity) as he thinks fit.
(2) Without prejudice to the generality of section 42(1), any order made by the Commissioner under section 25(2)(vii) may make provision with respect to the functions to be discharged by the receiver and manager appointed by the order; and those functions shall be discharged by the receiver and manager under the supervision of the Commissioner.
(3) In connection with the discharge of those functions, any such order may provide —
(a)
for the receiver and manager appointed by the order to have such powers and duties of the governing board members of the charity concerned (whether arising under this Act or otherwise) as are specified in the order; and
(b)
for any powers or duties exercisable or falling to be performed by the receiver and manager by virtue of paragraph (a) to be exercisable or performed by him to the exclusion of those governing board members.
(4) Where a person has been appointed receiver and manager by any such order, the Commissioner may apply to the High Court for directions in relation to any particular matter arising in connection with the discharge of those functions.
(5) The High Court may, on an application under subsection (4), give such directions or make such orders declaring the rights of any person (whether before the Court or not), as the Court thinks just; and the costs of any such application shall be paid by the charity concerned.
(6) The Minister may make regulations with respect to —
(a)
the appointment and removal of receivers and managers appointed in accordance with this section;
(b)
the remuneration of such receivers and managers out of the income of the charities concerned; and
(c)
the making of reports to the Commissioner by receivers and managers.
(7) Regulations made under subsection (6) may, in particular, authorise the Commissioner to require a receiver and manager so appointed to give security for the due discharge of his functions, to determine the amount of his remuneration, and to disallow any amount of remuneration in such circumstances as are prescribed by the regulations.
[UK Charities Act 1993, s. 19]
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.
[10/2007]
(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.
[10/2007]
(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 governing instruments of the charity.
[10/2007]
(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).
[10/2007]
(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.
[10/2007]
(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.
[10/2007]
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.
[10/2007]
(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.
[10/2007]
(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 governing instruments of the institution.
[10/2007]
(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).
[10/2007]
(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.
[10/2007]
(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.
[10/2007]
27.
—(1) Subject to the provisions of this section, a person shall be disqualified from being a governing board member or key officer of a charity or a trustee for a charity if —
(a)
he has been convicted, whether in Singapore or elsewhere, of any offence involving dishonesty or deception;
(b)
he has been adjudged bankrupt, and has not been discharged;
(c)
he has made a composition or arrangement with, or granted a trust deed for, his creditors and has not been discharged in respect of it;
(d)
he has been removed from the office of governing board member or key officer of a charity or trustee for a charity by an order made by the Commissioner under section 25(1)(i) or by the High Court on the ground of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he by his conduct contributed to or facilitated; or
(e)
he is subject to a disqualification order under section 148, 149 or 154 of the Companies Act (Cap. 50).
(2) Where (apart from this subsection) a person is disqualified under subsection (1)(b) for being a governing board member or key officer of a charity or a trustee for a charity which is a company, he shall not be so disqualified if leave has been granted under section 148 of the Companies Act for him to act as director of the charity; and similarly a person shall not be disqualified under subsection (1)(e) from being a governing board member or key officer of a charity or trustee for a charity if leave under the order has been granted for him to act as director of the charity.
[UK Charities Act 1993, s. 72]
28.
—(1) Any person who acts as a governing board member or key officer of a charity or trustee for a charity while he is disqualified from being such a governing board member or key officer or trustee by virtue of section 27 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 one year 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.
[10/2007]
(2) Any act done as governing board member or key officer of a charity or trustee for a charity by a person disqualified from being such a trustee by virtue of section 27 shall not be invalid by reason only of that disqualification.
(3) Where the Commissioner is satisfied —
(a)
that any person has acted as governing board member or key officer of a charity or trustee for a charity while disqualified from being such a governing board member or key officer or trustee by virtue of section 27; and
(b)
that, while so acting, he has received from the charity any sum by way of remuneration or expenses, or any benefit in kind, in connection with his acting as governing board member or key officer of the charity or trustee for the charity,
the Commissioner may by order direct him to repay to the charity the whole or part of any such sum, or (as the case may be) to pay to the charity the whole or part of the monetary value (as determined by the Commissioner) of any such benefit.
(4) Subsection (3) shall not apply to any sum received by way of remuneration or expenses in respect of any time when the person concerned was not disqualified from being a governing board member or key officer of a charity or trustee for the charity.
[UK Charities Act 1993, s. 73]
29.
—(1) The Commissioner shall not make any order under this Part to establish a scheme for the administration of a charity unless not less than one month previously there has been given public notice of his proposals, inviting representations to be made to him within a time specified in the notice, which shall not be less than one month from the date of the notice.
(2) The Commissioner shall not make any order under this Part to appoint, discharge or remove a governing board member or key officer of a charity or trustee for a charity (other than the Public Trustee), unless not less than one month previously there has been given the like public notice as is required by subsection (1) for an order establishing a scheme but this subsection shall not apply in the case of —
(a)
an order under section 25(2)(ii); or
(b)
an order discharging or removing a governing board member or key officer or trustee if the Commissioner is of the opinion that it is unnecessary and not in the interest of the charity to give publicity to the proposal to discharge or remove the governing board member or key officer or trustee.
(3) Before the Commissioner makes an order under this Part to remove without his consent a governing board member of a charity or trustee for a charity, or an officer, agent or employee of a charity, the Commissioner shall, unless he cannot be found or has no known address in Singapore, give him not less than one month’s notice of the Commissioner’s proposal, inviting representations to be made to the Commissioner within a time specified in the notice.
(4) Where notice is given of any proposal as required by subsection (1), (2) or (3), the Commissioner shall take into consideration any representation made about the proposal within the time specified in the notice, and may (without further notice) proceed with the proposal either without modification or with such modification as appear to him to be desirable.
(5) Where the Commissioner makes an order which is subject to appeal under subsection (5) of section 24, the order shall be published either by giving public notice of it or by giving notice of it to all persons entitled to appeal against it under that subsection, as the Commissioner thinks fit.
(6) Where the Commissioner makes an order under this Part to establish a scheme for the administration of a charity, a copy of the order shall, for not less than one month after the order is published, be available for public inspection at all reasonable times at the office of the Commissioner.
(7) Any notice to be given under this section of any proposals or order shall give such particulars of the proposals or order, or such directions for obtaining information about them, as the Commissioner thinks sufficient and appropriate, and any public notice shall be given in such manner as he thinks sufficient and appropriate.
(8) Any notice to be given under this section, other than a public notice, may be given by post and, if given by post, may be addressed to the recipient’s last known address in Singapore.
[Charities Act 1985 Ed., s. 16]
30.
—(1) Subject to this section, where it appears to the Commissioner that any action proposed or contemplated in the administration of a charity is expedient in the interests of the charity, he may by order sanction that action, whether or not it would otherwise be within the powers exercisable by the governing board members in the administration of the charity; and anything done under the authority of that order shall be deemed to be properly done in the exercise of those powers.
(2) An order under this section may be made so as to authorise a particular transaction, compromise or the like, or a particular application of property, or so as to give a more general authority, and (without prejudice to the generality of subsection (1)) may authorise a charity to use common premises, or employ a common staff, or otherwise combine for any purpose of administration, with any other charity.
(3) An order under this section may give directions as to the manner in which any expenditure is to be borne and as to other matters connected with or arising out of the action thereby authorised; and where anything is done in pursuance of an authority given by any such order, any directions given in connection therewith shall be binding on the governing board members for the time being as if contained in the governing instruments of the charity except that those directions may on the application of the charity be modified or superseded by a further order.
(4) Without prejudice to the generality of subsection (3), the directions which may be given by an order under this section shall in particular include directions for —
(a)
meeting any expenditure out of a specified fund;
(b)
charging any expenditure to capital or to income;
(c)
requiring expenditure charged to capital to be recouped out of income within a specified period;
(d)
restricting the costs to be incurred at the expense of the charity; or
(e)
the investment of moneys arising from any transaction.
[Charities Act 1985 Ed., s. 17]
31.
—(1) Charity proceedings may be taken with reference to a charity either by the charity, or by any of the governing board members, or by any person interested in the charity, but not by any other person.
(2) Subject to this section, no charity proceedings relating to a charity (other than an exempt charity) shall be entertained or proceeded with in any court unless the taking of the proceedings is authorised by order of the Commissioner.
(3) The Commissioner shall not, without special reasons, authorise the taking of charity proceedings where in his opinion the case can be dealt with by him under the powers of this Act.
(4) This section shall not require any order for the taking of proceedings in a pending cause or matter or for the bringing of any appeal.
(5) Where subsection (2) requires the taking of charity proceedings to be authorised by an order of the Commissioner, the proceedings may nevertheless be entertained or proceeded with if, after the order had been applied for and refused, leave to take the proceedings was obtained from the High Court.
(6) Nothing in subsections (1) to (5) shall apply to the taking of proceedings by the Attorney-General, with or without a relator.
(7) Where it appears to the Commissioner, on an application for an order under this section or otherwise, that it is desirable for legal proceedings to be taken with reference to any charity (other than an exempt charity) or its property or affairs, and for the proceedings to be taken by the Attorney-General, the Commissioner shall so inform the Attorney-General, and send him such statements and particulars as the Commissioner thinks necessary to explain the matter.
(8) In this section, “charity proceedings” means proceedings in the High Court brought under the jurisdiction of the Court with respect to charities, or brought under the jurisdiction of the Court with respect to trusts in relation to the administration of a trust for charitable purposes.
[Charities Act 1985 Ed., s. 18]
32.
—(1) Where a charity may be wound up by the High Court under the Companies Act (Cap. 50), an application for it to be wound up under that Act by the High Court may be made by the Attorney-General, as well as by any person authorised by that Act.
[42/2005]
(2) Where a charity is a company or other body corporate, and has power to alter the instruments establishing or regulating it as a body corporate, no exercise of that power which has the effect of the body corporate ceasing to be a charity shall be valid so as to affect the application of —
(a)
any property acquired under any disposition or agreement previously made otherwise than for full consideration in money or money’s worth;
(b)
any property representing property referred to in paragraph (a);
(c)
any property representing income which has accrued before the alteration is made; or
(d)
the income from any such property referred to in paragraphs (a) to (c).
[Charities Act 1985 Ed., s. 19]
32A.
—(1) If in any proceedings for negligence, default, breach of duty or breach of trust against a person to whom this section applies, whether appointed by the court or otherwise, it appears to the court before which the proceedings are taken that —
(a)
the person is or may be liable in respect thereof; but
(b)
the person has acted honestly and reasonably and, having regard to all the circumstances of the case, he ought fairly to be excused for the negligence, default or breach,
the court may relieve him either wholly or partly from his liability on such terms as the court thinks fit.
(2) Where any person to whom this section applies has reason to apprehend that any claim will or might be made against him in respect of any negligence, default, breach of duty or breach of trust he may apply to the High Court for relief, and the High Court shall have the same power to relieve him as it would have had, under subsection (1), if it had been a court before which proceedings against him for negligence, default, breach of duty or breach of trust had been brought.
(3) Without prejudice to the generality of subsection (1), the circumstances of the case referred to in subsection (1) may include the circumstances connected with the appointment of the person.
(4) For the avoidance of doubt and without prejudice to the generality of subsection (1), “liability” includes the liability of a person to whom this section applies to account for profits made or received.
(5) The persons to whom this section applies are —
(a)
governing board members or trustees for charities; and
(b)
receivers and managers in respect of the property and affairs of a charity (whether appointed under this Act or otherwise).