Charities Act, 1973

• Jurisdiction: Ireland
• Citation: IR No. 13/1973
• Year: 1973

Number 13 of 1973
CHARITIES ACT, 1973
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Incorporation schemes for charity trustees. 3. Further provisions as to schemes under section 2. 4. Further powers to frame schemes in relation to charity property. 5. Transfer of land vested in Board under section 15 of Charitable Donations and Bequests (Ireland) 1844, c. 97. 6. Power of Board to make certain vesting orders in relation to leases pursuant to Leases for Schools (Ireland) Act, 1881, and other leases for charitable purposes. 7. Costs and expenses. 8. Amendment of section 29 of Principal Act. 9. Amendment of section 32 of Principal Act. 10. Amendment of section 33 of Principal Act. 11. Amendment of section 34 of Principal Act. 12. Amendment of section 35 of Principal Act. 13. Amendment of section 37 of Principal Act. 14. Amendment of section 43 of Principal Act. 15. Amendment of section 44 of Principal Act. 16. Amendment of section 52 of Principal Act. 17. Repeal. 18. Short title, collective citation and construction.
Acts Referred to Charities Act, 1961 1961, No. 17 Registration of Title Act, 1964 1964, No. 16 Education Endowments (Ireland) Act, 1885 1885, c. 18 Charitable Donations and Bequests (Ireland) Act, 1844 1844, c. 97 Leases for Schools (Ireland) Act, 1881 1881, c. 65
Number 13 of 1973
CHARITIES ACT, 1973
AN ACT TO AMEND THE LAW RELATING TO CHARITIES BY EXTENDING THE POWERS OF THE COMMIS-SIONERS OF CHARITABLE DONATIONS AND BEQUESTS FOR IRELAND AND BY AMENDING THE CHARITIES ACT, 1961 . [17th July, 1973]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation. 1961, No. 17.	1.—(1) In this Act “the Principal Act” means the Charities Act, 1961 .
	(2) In the Charities Acts, 1961 and 1973, unless it is otherwise indicated—
	(a) a reference to a section is a reference to a section of the Act in which the reference is made,
	(b) a reference in a section to a subsection is a reference to a subsection in the section in which the reference is made.
	Incorporation schemes for charity trustees.	2.—(1) The Board may, on the application of the trustees of any charity, frame under their seal a scheme establishing, upon such terms and conditions as the Board may specify in the scheme, the trustees as a body corporate and vesting the property of the charity in that body in accordance with section 3.
	(2) A scheme under this section may—
	(a) contain provisions with respect to the choice of persons for appointment to and the appointment of persons to the body incorporated thereunder and provisions for the management by or on behalf of such body of the trusts which apply to the charity;
	(b) contain provisions requiring or entitling any person to produce, execute or hand over any document or to do any other act or thing necessary to secure the vesting of the property belonging to the charity in accordance with the scheme;
	(c) contain such transitional, incidental and supplemental provisions as appear to the Board to be necessary for the purposes of the scheme; and
	(d) be amended by a subsequent scheme framed by the Board upon an application being made by the body corporate established by the scheme or by any person having an interest.
	(3) A body corporate established by a scheme under this section shall have a common seal and power to do any act or thing (including holding land) necessary for the administration of the trusts applying to the relevant charity and may sue or be sued in its corporate name.
	Further provisions as to schemes under section 2.	3.—(1) A scheme under section 2 establishing a body corporate shall, without further assurance but subject where necessary to transfer in the books of any bank, corporation or company, and in the case of registered land, compliance with subsection (2), on the trusts which apply to the charity, vest in the body corporate, on and from the date specified therein as that on which the scheme is to come into operation (in this section referred to as the operative date), for all the estate, term or interest for which immediately before the operative date it was held in trust for the charity, the property of the charity together with all rights and liabilities enjoyed or incurred in connection therewith by the person or persons who immediately before the operative date held the property in trust for the charity.
	(2) Where any land of which the ownership is registered under the Registration of Title Act, 1964 , becomes vested by a scheme under this section, the registering authority under that Act shall, upon production of a copy under the seal of the Board of the scheme and upon payment of the appropriate fee, register the body corporate established by the scheme in the appropriate register maintained under that Act as owner (within the meaning of that Act) of the land.
	(3) Where a scheme is framed under section 2—
	(a) all property transferred by the scheme which immediately before the operative date was standing or registered in the books of any bank, corporation or company or was entered in any register kept in pursuance of any enactment shall, on request made by or on behalf of the body corporate established by the scheme, be transferred into the name of that body;
	(b) all debts and liabilities duly incurred by the trustees of the charity to which the scheme relates in connection with the property of such charity or the administration of the trusts applying to such charity and which, immediately before the operative date, were owing and unpaid or were so incurred and were undischarged by the trustees shall, on the operative date, become and be the debts and liabilities of the body corporate established by the scheme and shall be paid or discharged by and may be recovered from and enforced against that body accordingly;
	(c) all agreements duly made in connection with the property of such charity or the administration of the trusts aforesaid and not fully executed or completed before the operative date shall continue in force and shall be construed and have effect as if the agreements had been made by the body corporate established by the scheme; and
	(d) in every action, or other legal proceeding, other than proceedings for an alleged offence or proceedings in relation to an alleged breach of trust, in respect of the property of such charity or arising on or in connection with the administration of the trusts aforesaid which was pending immediately before the operative date and to which the trustees aforesaid are a party, the body corporate established by the scheme shall be substituted as a party in place of such trustees and the proceedings shall continue accordingly.
	(4) Every member of a body incorporated by virtue of a scheme under section 2 shall, notwithstanding the incorporation,
	(a) be chargeable for property coming into his hands as such a member, and
	(b) as regards the charity to which the scheme relates, be accountable and liable for his own acts or omissions and for the due administration of the charity and its property,
	in the same manner as if the scheme had not been framed and he had been duly appointed to be a trustee of the charity.
	Further powers to frame schemes in relation to charity property.	4.—(1) Where—
	(a) on an application made by the trustees of a charity established or regulated by a statute or by a charter, the Board after inquiry into the circumstances are satisfied that it would be for the benefit of the charity to frame in relation thereto a scheme of the kind mentioned in subsection (2), and
	(b) by reason of a provision of the statute or charter, the framing of such a scheme would not be within the powers exercisable apart from this section by the Board,
	then, notwithstanding the provision the Board may frame the scheme and, subject to subsection (10), the scheme shall have effect in accordance with its terms.
	(2) A scheme under this section shall be framed under the seal of the Board and may enable the trustees of a charity—
	(a) with the approval of the Board, to sell, lease, exchange, mortgage or charge any land or any other property of the charity, or surrender any lease of such land and to apply or invest any moneys arising therefrom for the benefit of the charity or for such other charitable purpose as the Board shall think proper,
	(b) subject to such terms and conditions as the Board may approve, otherwise to raise or borrow money for the benefit of the charity,
	(c) in case the charity is for the furtherance of education of persons of a particular sex, to extend, either solely or partly, as may be specified in the scheme, to persons of the other sex the benefit of the charity,
	(d) with the approval of the Board, to make and carry into effect an agreement with the trustees of one or more other charities whereby the property of each of the charities would come under common control and be applied or used for the benefit of a common charitable purpose to be specified in the application, provided the foregoing provision shall not be construed as enabling property which is vested in trustees for the benefit of a charity for the furtherance of education to be used for the benefit of a charitable purpose which is not for the furtherance of education,
	(e) where a provision of a statute or charter mentioned in subsection (1) requires the trustees of the charity to be members of a particular religious denomination, to appoint such number of persons as may be specified in the scheme, being persons who are not members of that denomination, to be such trustees.
	(3) Every mortgage or charge approved by the Board pursuant to a scheme framed under...