Charities Act 1994 · 2020 Revised Edition · Part 7 · Application of Property Cy-Près and Assistance and Supervision of Charities by Court and Commissioner
27. Power to direct application of charity property after charity ceases to exist
Feedback & supportLast amended by an amending law of 2018. 3 amendments in all.
This section applies in respect of any institution that was a charity (whether or not registered under section 7) —
from the time the institution ceases to be a charity, or ceases to exist or operate, whichever occurs earlier; and
where the Commissioner is satisfied —
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
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.
The Commissioner may by order direct the person or persons concerned to apply the property in the manner specified in the order.
Commissioner
“Commissioner” means the Commissioner of Charities appointed under section 3;
An order under this section —
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.
Anything done by a person under the authority of an order under this section is deemed to be properly done in the exercise of the powers mentioned in subsection (3)(a).
Subsection (4) does not affect any contractual or other rights arising in connection with anything which has been done under the authority of such an order.
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 $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.[26B