(1) This section applies where a certificate of incorporation is granted under this Part.
(2) Vacancies in the number of the charity trustees of the charity must from time to time be filled up so far as required by the constitution or settlement of the charity, or by any conditions or directions in the certificate—
(a) by such legal means as would have been available for the appointment of new charity trustees of the charity if no certificate of incorporation had been granted, or
(b) otherwise as required by such conditions or directions.
260 Execution of documents by incorporated body: general
(1) This section and section 261 have effect as respects the execution of documents by an incorporated body.
(2) If an incorporated body has a common seal, a document may be executed by the body by the affixing of its common seal.
(3) Whether or not it has a common seal, a document may be executed by an incorporated body by being—
(a) signed by a majority of the charity trustees of the relevant charity and expressed (in whatever form of words) to be executed by the body, or
(b) executed in pursuance of an authority given under section 261(1).
(4) A document duly executed by an incorporated body which makes it clear on its face that it is intended by the person or persons making it to be a deed has effect, upon delivery, as a deed; and it is presumed, unless a contrary intention is proved, to be delivered upon its being so executed.
(5) In favour of a purchaser a document is to be treated as having been duly executed by an incorporated body if it purports to be signed by—
(a) a majority of the charity trustees of the relevant charity, or
(b) such of the charity trustees of the relevant charity as are authorised by the charity trustees of that charity to execute it in the name and on behalf of the body,
and, if the document makes it clear on its face that it is intended by the person or persons making it to be a deed, it is to be treated as having been delivered upon its being executed.
(6) For the purposes of subsection (5) “purchaser”—
(a) means a purchaser in good faith for valuable consideration, and
(b) includes a lessee, mortgagee or other person who for valuable consideration acquires an interest in property.
(1) For the purposes of section 260(3)(b) the charity trustees of the relevant charity in the case of an incorporated body may, subject to the trusts of the charity, confer on any two or more of their number—
(a) a general authority, or
(b) an authority limited in such manner as the charity trustees think fit,
to execute in the name and on behalf of the body documents for giving effect to transactions to which the body is a party.
(2) An authority under subsection (1)—
(a) suffices for any document if it is given in writing or by resolution of a meeting of the charity trustees of the relevant charity, despite the want of any formality that would be required in giving an authority apart from that subsection;
(b) may be given so as to make the powers conferred exercisable by any of the charity trustees, or may be restricted to named persons or in any other way;
(c) subject to any such restriction, and until it is revoked, has effect, despite any change in the charity trustees of the relevant charity, as a continuing authority given by the charity trustees from time to time of the charity and exercisable by such charity trustees.
(3) In any authority under subsection (1) to execute a document in the name and on behalf of an incorporated body there is, unless the contrary intention appears, implied authority also to execute it for the body in the name and on behalf of the official custodian or of any other person, in any case in which the charity trustees could do so.
(1) The Commission may amend a certificate of incorporation—
(a) on the application of the incorporated body to which it relates, or
(b) of its own motion.
(2) Before making any such amendment of its own motion, the Commission must by notice in writing—
(a) inform the charity trustees of the relevant charity of its proposals, and
(b) invite those charity trustees to make representations to it within a time specified in the notice.
(3) The time so specified must be not less than one month from the date of the notice.
(4) The Commission—
(a) must take into consideration any representations made by those charity trustees within the time so specified, and
(b) may then (without further notice) proceed with its proposals either without modification or with such modifications as appear to it to be desirable.
(5) The Commission may amend a certificate of incorporation by—
(a) making an order specifying the amendment, or
(b) issuing a new certificate of incorporation taking account of the amendment.
(1) The Commission may of its own motion make an order dissolving an incorporated body from such date as is specified in the order, if the Commission is satisfied—
(a) that the body has no assets or does not operate,
(b) that the relevant charity has ceased to exist,
(c) that the institution previously constituting, or treated by the Commission as constituting, the relevant charity has ceased to be, or (as the case may be) was not at the time of the body's incorporation, a charity, or
(d) that the purposes of the relevant charity—
(i) have been achieved so far as is possible, or
(ii) are in practice incapable of being achieved.
(2) The Commission may make an order dissolving an incorporated body from such date as is specified in the order, if the Commission is satisfied, on the application of the charity trustees of the relevant charity, that it would be in the interests of the charity for the body to be dissolved.
(3) Subject to subsection (4), an order made under this section with respect to an incorporated body has the effect of vesting in the charity trustees of the relevant charity, in trust for that charity, all property for the time being vested—
(a) in the body, or
(b) in any other person (apart from the official custodian),
in trust for that charity.
(4) If the Commission so directs in the order—
(a) all or any specified part of that property, instead of vesting in the charity trustees of the relevant charity, vests in—
(i) a specified person as trustee for, or nominee of, that charity, or
(ii) such persons (other than the charity trustees of the relevant charity) as may be specified;
(b) any specified investments, or any specified class or description of investments, held by any person in trust for the relevant charity are to be transferred to—
(i) the charity trustees of that charity, or
(ii) any such person or persons as is or are mentioned in paragraph (a)(i) or (ii).
For this purpose “specified” means specified by the Commission in the order.
(5) Where an order to which this subsection applies is made with respect to an incorporated body—
(a) any rights or liabilities of the body become rights or liabilities of the charity trustees of the relevant charity, and
(b) any legal proceedings that might have been continued or commenced by or against the body may be continued or commenced by or against those trustees.
(6) Subsection (5) applies to any order under this section by virtue of which—
(a) any property vested as mentioned in subsection (3) is vested—
(i) in the charity trustees of the relevant charity, or
(ii) in any person as trustee for, or nominee of, that charity, or
(b) any investments held by any person in trust for the relevant charity are required to be transferred—
(i) to the charity trustees of that charity, or
(ii) to any person as trustee for, or nominee of, that charity.
(1) The Commission must keep a record of all applications for, and certificates of, incorporation under this Part.
(2) Documents sent to the Commission under this Part are to be kept by the Commission for such period as it thinks fit.
(3) Documents kept under this section are to be open to public inspection at all reasonable times.
(4) Any person who is provided with a copy or extract of any document kept under this section may require it to be certified by a certificate signed by a member of the staff of the Commission.
265 Meaning of “incorporated body” and “relevant charity”
In this Part—
“incorporated body” means a body incorporated under section 251;
“the relevant charity”, in relation to an incorporated body, means the charity the charity trustees of which have been incorporated as that body.
266 Effect of provisions relating to vesting or transfer of property
No vesting or transfer of any property in pursuance of any provision of this Part operates as a breach of a covenant or condition against alienation or gives rise to a forfeiture.
280A Amendment of the trusts of an unincorporated charity
(1) This section applies to any charity which is not a company or other body corporate.
(2) The charity trustees of such a charity may, if they are satisfied that it is expedient in the interests of the charity, resolve that the trusts of the charity should be amended in such manner as is specified in the resolution.
(3) The power under subsection (2) is not exercisable in any way which would result in the institution ceasing to be a charity.
(4) Subsection (5) applies in the case of a charity which has a body of members distinct from the charity trustees, any of whom are entitled under the trusts of the charity to attend and vote at a general meeting of the body.
(5) In the case of a charity to which this subsection applies, a resolution under subsection (2) is effective only if—
(a) it is passed by a majority of the charity trustees of the charity, and
(b) it is approved by a further resolution which is passed—
(i) at a general meeting, by not less than 75% of the members entitled to attend and vote at the meeting who vote on the resolution,
(ii) at a general meeting, by a decision taken without a vote and without any expression of dissent in response to the question put to the meeting, or
(iii) otherwise than at a general meeting, by the agreement of all the members entitled to attend and vote at a general meeting.
(6) In the case of a charity other than one to which subsection (5) applies, a resolution under subsection (2) is effective only if it is passed by not less than 75% of the charity trustees of the charity.
(7) An amendment to which subsection (8) applies—
(a) requires the written consent of the Commission, and
(b) is ineffective if such consent has not been obtained.
(8) This subsection applies to an amendment—
(a) which would alter the purposes of the charity;
(b) which would alter a provision directing the application of property of the charity on its dissolution;
(c) which would provide authorisation for any benefit to be obtained by charity trustees or members of the charity, or persons connected with them;
(d) which would alter a restriction making property permanent endowment;
(e) which would require the consent of a person other than—
(i) a charity trustee of, or trustee for, the charity, or
(ii) a member of the charity,
if made otherwise than by virtue of this section;
(f) which would affect any right directly conferred by the trusts of the charity on a person who—
(i) is named in the trusts of the charity, or
(ii) holds an office or other position specified in the trusts of the charity (other than that of charity trustee or member of, or trustee for, the charity); or
(g) which would confer power on any person or persons to make an amendment falling within any of paragraphs (a) to (f).
(9) But paragraphs (e) and (f) of subsection (8) do not apply where the person concerned consents to the amendment or is no longer in existence.
(10) In considering whether to consent to an alteration falling within subsection (8)(a), or to the conferral of a power which would enable a person or persons to make such an alteration, the Commission must have regard to—
(a) the purposes of the charity when it was established, if and so far as they are reasonably ascertainable,
(b) the desirability of securing that the purposes of the charity are, so far as reasonably practicable, similar to the purposes being altered, and
(c) the need for the charity to have purposes which are suitable and effective in the light of current social and economic circumstances.
(1) A resolution under section 280A(2) takes effect on the latest of—
(a) the date the resolution is passed,
(b) the date specified in the resolution for it to take effect,
(c) if relevant, the date on which the resolution required by virtue of section 280A(5)(b) is passed, and
(d) if relevant, the date on which the Commission gives any consent required by virtue of section 280A(7).
(2) For the purposes of section 280A(8)(c) “benefit” means a direct or indirect benefit of any nature, except that it does not include—
(a) any remuneration whose receipt may be authorised under section 185, or
(b) the purchase of any insurance which may be authorised under section 189.
(3) For the purposes of section 280A(8)(c) the following persons are connected with a charity trustee or a member of a charity—
(a) a child, parent, grandchild, grandparent, brother or sister of the trustee or member;
(b) the spouse or civil partner of the trustee or member or of any person falling within paragraph (a);
(c) a person carrying on business in partnership with the trustee or member or with any person falling within paragraph (a) or (b);
(d) an institution which is controlled—
(i) by the trustee or member or by any person falling within paragraph (a), (b) or (c), or
(ii) by two or more persons falling within sub-paragraph (i), when taken together;
(e) a body corporate in which—
(i) the trustee or member or any connected person falling within any of paragraphs (a) to (c) has a substantial interest, or
(ii) two or more persons falling within sub-paragraph (i), when taken together, have a substantial interest.
(4) Sections 350 to 352 (meaning of child, spouse, civil partner, controlled institution and substantial interest) apply for the purposes of subsection (3).
(1) This section applies to any charity which is established or regulated by Royal charter.
(2) The charity trustees of such a charity may resolve that the Royal charter should be amended in such manner as is specified in the resolution if—
(a) they are satisfied that it is expedient in the interests of the charity to do so, and
(b) there is no power under the Royal charter to make the proposed amendment.
(3) Subsection (4) applies in the case of a charity which has a body of members distinct from the charity trustees, any of whom are entitled under the Royal charter to attend and vote at a general meeting of the body.
(4) In the case of a charity to which this subsection applies, a resolution under subsection (2) may not be approved under subsection (6) unless—
(a) it is passed by a majority of the charity trustees of the charity, and
(b) it is approved by a further resolution which is passed—
(i) at a general meeting, by not less than 75% of the members entitled to attend and vote at the meeting who vote on the resolution,
(ii) at a general meeting, by a decision taken without a vote and without any expression of dissent in response to the question put to the meeting, or
(iii) otherwise than at a general meeting, by the agreement of all the members entitled to attend and vote at a general meeting.
(5) In the case of any other charity to which this section applies, a resolution under subsection (2) may not be approved under subsection (6) unless it is passed by not less than 75% of the charity trustees of the charity.
(6) A resolution under this section takes effect when it is approved by Her Majesty by Order in Council.
281 Power of ... charities to spend capital: general
(1) This section applies to any available endowment fund of a charity ....
(2) But this section does not apply to a fund if sections 282 to 284 (power to spend larger fund ...) apply to it.
(3) If the condition in subsection (4) is met in relation to the charity, the charity trustees may resolve for the purposes of this section that the fund, or a portion of it, ought to be freed from the restrictions with respect to expenditure of capital that apply to it.
(4) The condition is that the charity trustees are satisfied that the purposes set out in the trusts to which the fund is subject could be carried out more effectively if the capital of the fund, or the relevant portion of the capital, could be expended as well as income accruing to it, rather than just such income.
(5) Once the charity trustees have passed a resolution under subsection (3), the fund or portion may by virtue of this section be expended in carrying out the purposes set out in the trusts to which the fund is subject without regard to the restrictions mentioned in that subsection.
(6) The fund or portion may be so expended as from such date as is specified for this purpose in the resolution.
(6A) If—
(a) an amount falls to be repaid to or paid into the fund by the charity trustees because the charity trustees have borrowed an amount from the fund,
(b) the amount when repaid or paid would fall to be added to the fund and to be subject to the same restrictions as to expenditure as apply to the other capital in the fund, and
(c) the condition in subsection (6B) is met in relation to the charity,
the charity trustees may resolve for the purposes of this section that the obligation to repay or pay the amount ought to cease to have effect either wholly or in part.
(6B) The condition is that the charity trustees are satisfied that the purposes set out in the trusts to which the fund is subject could be carried out more effectively if the obligation ceased to have effect to that extent.
(6C) Once the charity trustees have passed a resolution under subsection (6A), the obligation ceases to have effect to that extent.
(6D) Where a resolution passed under subsection (6A) relates to all outstanding obligations to repay amounts to or pay amounts into the fund in respect of the amount borrowed from the fund, any other obligation which falls to be carried out by the charity trustees because the charity trustees have borrowed that amount from the fund also ceases to have effect once the resolution has been passed.
(7) In this section “available endowment fund”, in relation to a charity, means—
(a) the whole of the charity's permanent endowment if it is all subject to the same trusts, or
(b) any part of its permanent endowment which is subject to any particular trusts that are different from those to which any other part is subject.
(1) This section applies to any available endowment fund of a charity if—
(a) in a case where subsection (1A) applies, the adjusted market value of the fund exceeds £25,000, or
(b) in any other case, the market value of the fund exceeds that sum.
(1A) This subsection applies where the charity trustees of the charity have borrowed from the fund and all or part of that borrowing is outstanding.
(2) If the condition in subsection (3) is met in relation to the charity, the charity trustees may resolve for the purposes of this section that the fund, or a portion of it, ought to be freed from the restrictions with respect to expenditure of capital that apply to it.
(3) The condition is that the charity trustees are satisfied that the purposes set out in the trusts to which the fund is subject could be carried out more effectively if the capital of the fund, or the relevant portion of the capital, could be expended as well as income accruing to it, rather than just such income.
(3A) If—
(a) an amount falls to be repaid to or paid into the fund by the charity trustees because the charity trustees have borrowed an amount from the fund,
(b) the amount when repaid or paid would fall to be added to the fund and to be subject to the same restrictions as to expenditure as apply to the other capital in the fund, and
(c) the condition in subsection (3B) is met in relation to the charity,
the charity trustees may resolve for the purposes of this section that the obligation to repay or pay the amount ought to cease to have effect either wholly or in part.
(3B) The condition is that the charity trustees are satisfied that the purposes set out in the trusts to which the fund is subject could be carried out more effectively if the obligation ceased to have effect to that extent.
(4) The charity trustees—
(a) must send a copy of any resolution under subsection (2) or (3A) to the Commission, together with a statement of their reasons for passing it, and
(b) may not implement the resolution except in accordance with sections 283 and 284.
(5) In this section—
“adjusted market value”, in relation to an endowment fund, means the current market value of the fund as determined on a valuation carried out for the purpose—
reduced by the value, if any, of the benefit of the debt owed by the charity trustees representing outstanding borrowing from the fund on the date of that valuation, and
increased by the amount of the charity trustees’ outstanding borrowing from the fund on that date;”;
“available endowment fund” has the same meaning as in section 281;
“market value”, in relation to an endowment fund, means—
the market value of the fund as recorded in the accounts for the last financial year of the relevant charity, or
if no such value was so recorded, the current market value of the fund as determined on a valuation carried out for the purpose.
“outstanding borrowing” means outstanding borrowing by virtue of section 284A or otherwise.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
283 Notice of, and information about, s.282 resolution
(1) Having received the copy of the resolution under section 282(4), the Commission may—
(a) direct the charity trustees to give public notice of the resolution in such manner as is specified in the direction, and
(b) if it gives such a direction, must take into account any representations made to it—
(i) by persons appearing to it to be interested in the charity, and
(ii) within the period of 28 days beginning with the date when public notice of the resolution is given by the charity trustees.
(2) The Commission may also direct the charity trustees to provide the Commission with additional information or explanations relating to—
(a) the circumstances in and by reference to which they have decided to act under section 282, or
(b) their compliance with any obligation imposed on them by or under section 282 or this section in connection with the resolution.
(1) When considering whether to concur with the resolution under section 282(2) or (3A), the Commission must take into account—
(a) any evidence made available to it as to the wishes of any donor or donors to the available endowment fund, and
(b) any changes in circumstances relating to the available endowment fund since it was established (including, in particular, the financial position of the fund, the needs of those who can benefit from the fund, and the social, economic and legal environment).
(2) The Commission must not concur with the resolution unless it is satisfied—
(a) that its implementation would accord with the spirit of any gift or gifts to the available endowment fund (even though it would be inconsistent with the restrictions mentioned in section 282(2)), and
(b) that the charity trustees have complied with the obligations imposed on them by or under section 282 or 283 in connection with the resolution.
(3) Before the end of the relevant period, the Commission must notify the charity trustees in writing—
(a) that the Commission concurs with the resolution, or
(b) that it does not concur with it.
(4) The “relevant period” means—
(a) the period of 60 days beginning with the date on which the Commission receives the copy of the resolution in accordance with section 282(4), or
(b) that period as modified by subsection (4A) or (4B).
(4A) If under section 283(1) the Commission directs the charity trustees to give public notice of a resolution, the running of the relevant period is suspended from the date on which the direction is given to the charity trustees until the end of the period of 42 days beginning with the date on which public notice of the resolution is given by the charity trustees.
(4B) If under section 283(2) the Commission directs the charity trustees to provide any information or explanations, the running of the relevant period is suspended from the date on which the direction is given to the charity trustees until the date on which the information or explanations is or are provided to the Commission.
(5) Where—
(a) the charity trustees are notified by the Commission that it concurs with the resolution, or
(b) the relevant period has elapsed without the Commission notifying them that it does not concur with the resolution,
the fund or portion may, by virtue of this section, be expended in carrying out the purposes set out in the trusts to which the fund is subject without regard to the restrictions mentioned in section 282(2) or (as the case may be) the obligation to repay or pay the amount to the fund ceases to have effect, by virtue of this section, to the extent resolved by the trustees under section 282(3A).
(6) Where the resolution passed under section 282(3A) relates to all outstanding obligations to repay amounts to or pay amounts into the fund in respect of the amount borrowed from the fund, any other obligation which falls to be carried out by the charity trustees because the charity trustees have borrowed that amount from the fund ceases to have effect when the obligations to repay or pay amounts cease to have effect.
284A Power to borrow from permanent endowment: general
(1) This section applies to any available endowment fund of a charity.
(2) The charity trustees may resolve to borrow an amount, not exceeding the permitted amount, from the available endowment fund if they are satisfied—
(a) that it is expedient for the amount to be borrowed, in the light of the purposes set out in the trusts to which the fund is subject and the purposes of the charity, and
(b) that arrangements are in place for the amount to be repaid within 20 years of being borrowed.
(3) Any amount borrowed in accordance with subsection (2) no longer forms part of the available endowment fund and, as a result, is freed from the restrictions with respect to the expenditure of capital that applied to it when it was comprised in that fund.
(4) An amount borrowed in accordance with subsection (2) may not be used to repay (in whole or in part) any amount previously borrowed from permanent endowment (whether the previous borrowing was by virtue of this section or otherwise).
(5) When repaying an amount borrowed (whether in whole or in part), the charity trustees may resolve to pay an additional amount not exceeding the maximum estimated capital appreciation.
(6) Any—
(a) repayment of an amount borrowed, and
(b) payment of an additional amount by virtue of a resolution under subsection (5),
is to be added to the available endowment fund and is to be subject to the same restrictions as to expenditure as apply to the other capital in the fund.
(7) The powers conferred by this section—
(a) may be restricted or excluded by the trusts of the charity;
(b) are (subject to paragraph (a)) in addition to any other power to borrow that the charity or charity trustees may have.
(8) If, and in so far as, the power conferred by subsection (5) confers power to accumulate income, it is not subject to section 14(3) of the Perpetuities and Accumulations Act 2009 (which provides for certain powers to accumulate income to cease after 21 years).
(9) In this section “available endowment fund”, in relation to a charity, means—
(a) the whole of the charity’s permanent endowment if it is all subject to the same trusts, or
(b) any part of its permanent endowment which is subject to any particular trusts that are different from those to which any other part is subject.
(10) If a resolution under section 104A(2) has effect in respect of an available endowment fund (or portion of such a fund), references in this section to an “available endowment fund” include that fund (or portion) but do not include any returns from the investment of the fund (or portion) which have not been accumulated.
(11) For the meaning of “permitted amount” and “maximum estimated capital appreciation” see sections 284B and 284C respectively.
(1) The “permitted amount” for the purposes of section 284A(2) is given by the formula—
(0.25×(V+B))-B
where—
V is the value of the available endowment fund on the relevant date (ignoring the value, if any, of the benefit of the debt owed by the charity trustees representing outstanding borrowing from the fund), and
B is the amount of the charity trustees’ outstanding borrowing from the available endowment fund on that date.
(2) In subsection (1)—
“outstanding borrowing” means outstanding borrowing by virtue of section 284A or otherwise;
the “relevant date” is the date on which the trustees resolve to borrow from the available endowment fund (see section 284A(2)).
(3) If a resolution under section 104A(2) has effect in respect of the available endowment fund (or any part of it), for the purposes of subsection (1) the value of the available endowment fund does not include any returns from the investment of the fund (or part) which have not been accumulated.
284C Calculation of the “maximum estimated capital appreciation”
(1) The “maximum estimated capital appreciation” for the purposes of section 284A(5) is given by the formula—
R×I
where—
R is the amount of borrowing being repaid, and
I is the percentage increase in the relevant index between the month in which the amount was borrowed and the month preceding the month in which the repayment is made (or if there is no increase is nil).
(2) The “relevant index” is whichever of the following is selected by the charity trustees from time to time—
(a) the retail prices index;
(b) the consumer prices index;
(c) any similar general index of prices published by the Statistics Board.
(3) In this section—
“consumer prices index” means the general index for consumer prices published by the Statistics Board;
“retail prices index” means the general index of retail prices (for all items) published by the Statistics Board.
(1) If (at any time) it appears to the charity trustees that—
(a) they will not be able to fulfil the arrangements put in place to repay an amount borrowed under section 284A, or
(b) those arrangements are not sufficient to ensure that the amount is repaid,
the trustees must apply to the Commission for an order under this section directing them how to proceed.
(2) An order under this section may give such directions as the Commission thinks fit, including—
(a) that the relevant amount may be repaid over a longer period,
(b) that the charity trustees put in place arrangements specified in the order, or
(c) that the charity trustees need not repay an amount borrowed.
285 Power to alter sums etc specified in this Part
(1) The Secretary of State may by order amend any provision listed in subsection (2)—
(a) by substituting a different sum for the sum for the time being specified in that provision, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The provisions are—
...
...
section 282(1) (adjusted market value and market value of fund for purposes of resolution to spend larger fund ...).
(3) The Secretary of State may by regulations amend—
(a) the period of time specified in section 284A(2)(b), or
(b) the multiplier in the formula set out in section 284B(1),
so as to substitute a different time period or multiplier (as the case may be) for the period or multiplier for the time being specified in that provision.
286 Effect of provisions relating to vesting or transfer of property
No vesting or transfer of any property in pursuance of any provision of this Part operates as a breach of a covenant or condition against alienation or gives rise to a forfeiture.
(1) This section applies for the purposes of this Part.
(2) A social investment is made when a relevant act of a charity is carried out with a view to both—
(a) directly furthering the charity's purposes; and
(b) achieving a financial return for the charity.
(3) References to an act of a charity are, in the case of an unincorporated charity, to an act of the charity trustees.
(4) A relevant act of a charity is—
(a) an application or use of funds or other property; or
(b) taking on a commitment in relation to a liability of another person (such as a guarantee) that puts the charity's funds or other property at risk of being applied or used.
(5) An act mentioned in subsection (4)(a) is to be regarded as achieving a financial return if its outcome is better for the charity in financial terms than expending the whole of the funds or other property in question.
(6) A commitment mentioned in subsection (4)(b) is to be regarded as achieving a financial return if—
(a) it is not called upon; or
(b) it is called upon without resulting in the expenditure of the whole of the funds or other property put at risk.
(7) The fact that a relevant act may also have results other than those mentioned in subsection (2)(a) and (b) does not prevent the carrying out of that act being regarded as the making of a social investment.
(8) The fact that carrying out a relevant act of a charity is regarded as the making of a social investment for the purposes of this Part does not of itself make the act an investment for any other purpose.
(1) An incorporated charity has, and the charity trustees of an unincorporated charity have, power to make social investments.
(2) The power conferred by this section may not be used to make a social investment involving—
(a) the application or use of permanent endowment, or
(b) taking on a commitment mentioned in section 292A(4)(b) that puts permanent endowment at risk of being applied or used,
unless the charity trustees expect that making the social investment will not contravene any restriction with respect to expenditure that applies to the permanent endowment in question (but see section 104AA, which confers on charity trustees a power to use permanent endowment to make social investments in certain circumstances).
(3) The power conferred by this section—
(a) may be restricted or excluded by the trusts of the charity;
(b) is (subject to paragraph (a)) in addition to any other power to make social investments that the charity or charity trustees may have.
(4) This section and section 292C do not apply in relation to—
(a) charities established by, or whose purposes and functions are set out in, legislation;
(b) charities established or regulated by Royal charter;
but they apply in relation to all other charities, whether established before or after this section comes into force.
(5) In subsection (4) “legislation” means—
(a) an Act of Parliament or an Act or Measure of the National Assembly for Wales; or
(b) subordinate legislation (within the meaning of the Interpretation Act 1978) made under such an Act or Measure.
292C Charity trustees' duties in relation to social investments
(1) This section applies in relation to social investments that are made after section 292B comes into force, whether or not made by the exercise of the power conferred by section 292B.
(2) The charity trustees of a charity must, before exercising a power to make a social investment—
(a) consider whether in all the circumstances any advice about the proposed social investment ought to be obtained;
(b) obtain and consider any advice they conclude ought to be obtained; and
(c) satisfy themselves that it is in the interests of the charity to make the social investment, having regard to the benefit they expect it to achieve for the charity (by directly furthering the charity's purposes and achieving a financial return).
(3) The charity trustees of a charity must from time to time review the charity's social investments.
(4) When carrying out a review the charity trustees must—
(a) consider whether any advice about the social investments (or any particular social investment) ought to be obtained; and
(b) obtain and consider any advice they conclude ought to be obtained.
(5) The duties under this section may not be restricted or excluded by the charity's trusts.
(6) In the case of an unincorporated charity, the duties under this section apply in relation to relevant social investments in place of any duties under sections 4 and 5 of the Trustee Act 2000 that would otherwise apply.
(7) In subsection (6) “relevant social investments” means social investments that are investments for the purposes of Part 2 of the Trustee Act 2000.
In this Act, except in so far as the context otherwise requires, “local charity” means, in relation to any area, a charity established for purposes which are—
(a) by their nature, or
(b) by the trusts of the charity,
directed wholly or mainly to the benefit of that area or of part of it.
(1) A council may maintain an index of local charities or of any class of local charities in the council's area, and may publish information contained in the index, or summaries or extracts taken from it.
(2) A council proposing to establish or maintaining under this section an index of local charities or of any class of local charities must, on request, be supplied by the Commission free of charge—
(a) with copies of such entries in the register of charities as are relevant to the index, or
(b) with particulars of any changes in the entries of which copies have been supplied before;
and the Commission may arrange that it will without further request supply a council with particulars of any such changes.
(3) An index maintained under this section must be open to public inspection at all reasonable times.