Part 1: Purposes, Powers and Governing Documents Section 3: Powers of unincorporated charities The new power under section 280A: general
The new power introduced by section 3(2) is intended to be a wide power for unincorporated charities (whether trusts or unincorporated associations) to amend any provision in their governing documents. The term "trusts" in section 280A has the meaning given in section 353(1) of the CA 2011, namely the provisions establishing a charity as a charity and regulating its purposes and administration, whether those provisions take effect by way of trust or not. The term includes any scheme previously made by the Charity Commission or court which establishes or regulates a charity.
	The only express limitations on the type of amendment that may be made under the power are set out at section 280A(2) and (3) (i.e. that the amendment must be expedient in the interests of the charity and that the power cannot be exercised in a way which would result in the institution ceasing to be a charity). The power could be used, for example, to give the trustees more powers than they have under the existing governing document. Any amendment that could have been made under sections 267 to 280 can be made under the new section 280A. The power can be used to change existing individual provisions in a governing document or to replace or restate a charity’s governing document in its entirety (subject to Charity Commission consent in respect of changes that fall within section 280A(8), discussed further below).
	The power cannot be excluded or modified by a charity’s governing document, and it applies in addition to any other amendment powers that are available to the charity trustees.