HL Deb 04 July 1990 vol 520 c2253WA
Lord Denning

asked Her Majesty's Government:

Whether paragraphs 74 and 75 of the Report of the Charity Commissioners for 1989 shows that in applying the cy près doctrine to a local charity, the existing area of benefit of the trust is to be maintained and is not to be extended beyond the enlarged area permitted by the third schedule to the Charities Act 1960.

The Minister of State, Home Office (Earl Ferrers)

Paragraphs 73 to 75 of the Charity Commissioners' Report for 1989 set out the principle under which they will exercise their jurisdiction under Section 18 of the Charities Act 1960 to makecy près schemes to alter a charity's trusts or purposes where these have failed.

Section 13(4) of the 1960 Act gives the commissioners specific jurisdiction to make schemes enlarging the area of benefit of charities which are confined to a local authority area to such enlarged area as is permitted by the third schedule to the Act.

The commissioners' power under Section 13(4) is without prejudice to their general jurisdiction to make schemes extending the area of benefit of charities to the extent necessary to permit the property to be suitably and effectively applied in a manner consistent with its original trusts.

Lord Denning

asked Her Majesty's Government:

Whether paragraph 75(i) of the Report of the Charity Commissioners for 1989 shows that a circular issued by the Church of England to diocesan directors of education dated 28th June 1987 was based on a wrong view of the law and should be withdrawn.

Earl Ferrers

Her Majesty's Government are not responsible for circulars issued by the Board of Education of the General Synod of the Church of England and are unable to comment on the letter dated the 28th July 1987.

Under the provisions of the Charities Act 1960, the Charity Commissioners have jurisdiction to make cy près schemes to alter a charity's trusts or purposes where these have failed in order to secure a suitable and effective application of the property of the charity in a manner consistent with its original trusts. Paragraphs 73 to 75 of their report for 1989 set out the principles under which the commissioners will exercise the jurisdiction.