Part 1: Purposes, Powers and Governing Documents Section 6: Cy-près powers Third case: donors who cannot be identified or found
Section 63A(4) and (5) allow the charity to agree with the Charity Commission the reasonable steps that it should take to attempt to identify and find donors to a failed fundraising appeal in order to offer them a refund of their donation. Donations can then be applied cy-près if, after taking those steps, the donor cannot be identified or found. This power to agree steps that are tailored to the charity and the particular fundraising appeal replaces the rigid and detailed requirements for prescribed advertisements and inquiries set out in the Charities (Failed Appeals) Regulations 2008, which are revoked by section 6(2).