Part 1: Purposes, Powers and Governing Documents Section 10: Amendment of powers to release restrictions on spending capital Consequential amendments
Various consequential amendments are made, including:
Schedule 2, paragraph 17 amends section 284 of the CA 2011 in consequence of the removal by section 10 of the reference to capital that is entirely given by a particular individual or individuals for a common purpose. Section 284, as amended, requires the Charity Commission, in determining whether or not to concur with a section 282 resolution, to consider the wishes of any donor(s) to the permanent endowment fund (if evidence of such wishes is made available to it). Where property has been identified as having been given by a particular person or persons with particular wishes, these wishes should be taken into account. Sub-paragraph (4) amends section 284(1)(b) so that the inquiry into any change of circumstances is based on changes since the fund was established, rather than since the date of individual gifts to the fund.
Schedule 2, paragraph 18 amends section 285 of the CA 2011, which grants the Secretary of State the power to alter sums specified in Part 13 by order, to account for changes made by section 10 to section 282(1) of the CA 2011.