Charities Act, 1961
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Power of Board to frame schemes applying property cy-près. |
29.—(1) For the purposes of this section— | |
(a) the value of land shall be taken to be fifty times the rateable valuation thereof, | ||
(b) the value of any periodical payment to which land is subject shall be taken to be fifteen times the annual amount thereof, and | ||
(c) the value of any other periodical payment shall be taken to be twenty times the annual amount thereof. | ||
(2) Whenever— | ||
(a) any of the circumstances specified in subsection (1) of section 47 exist in relation to any charitable gift, and | ||
(b) the charitable gift does not exceed five thousand pounds in value, | ||
the Board, if they think fit, may by order frame a scheme for the application cy-près of the property comprised in the charitable gift, | ||
(3) Where— | ||
(a) a charitable gift of any value has been made for the benefit of poor debtors formerly imprisoned in Ireland, and | ||
(b) any of the circumstances specified in subsection (1) of section 47 exist in relation to the charitable gift, | ||
the Board, if they think fit, may by order frame a scheme for the application cy-près of the property comprised in the charitable gift. | ||
(4) Where— | ||
(a) a scheme for the application of a charitable gift has been framed by order of a Court, and | ||
(b) circumstances exist in relation to the scheme, being circumstances whose existence in relation to a charitable gift would enable the property comprised in the gift to be applied cy-près, and | ||
(c) the charitable gift does not exceed five thousand pounds in value, | ||
the Board, if they think fit, may by order revoke the scheme and frame, in lieu thereof, a new scheme for the application cy-près of the property comprised in the charitable gift. | ||
(5) Where— | ||
(a) a scheme for the application of a charitable gift has been framed by the Board under— | ||
(i) section 6 of the Charitable Donations and Bequests Act (Ireland), 1871, | ||
(ii) the said section 6, as replaced by section 1 of the Charitable Donations and Bequests (Amendment) Act, 1955 , | ||
(iii) section 58 of the General Prisons (Ireland) Act, 1877 , or | ||
(iv) this section (including this subsection), and | ||
(b) circumstances exist in relation to the scheme, being circumstances whose existence in relation to a charitable gift would enable the property comprised in the gift to be applied cy-près, | ||
the Board, if they think fit, may by order revoke the scheme and frame, in lieu thereof, a new scheme for the application cy-près of the property comprised in the charitable gift. | ||
(6) An order framing a scheme under this section shall not be made until the expiration of one month after public notice of the proposal to make it has been given in such manner as the Board consider most effectual for ensuring publicity thereof and for bringing the proposal to the attention of persons interested. | ||
(7) The notice shall— | ||
(a) contain (so far as conveniently may be) sufficient particulars of the proposed order, and | ||
(b) prescribe a reasonable time within which any objection thereto or suggestions thereon may be made to the Board, | ||
and the Board shall consider any objections and suggestions so made to them and may act in reference thereto as they think expedient. | ||
(8) If the Board modify any proposed order, it shall not be necessary for them to give notice of such modified order in accordance with subsections (6) and (7), unless the Board think further notice desirable. |