This page contains information that has appeared on Sandy Adirondack's legal update website for voluntary organisations at www.sandy-a.co.uk/legal.htm. For current updates, including potential changes that are in the pipeline, see the legal update website.

These websites for each chapter update the 2nd edition of The Voluntary Sector Legal Handbook by Sandy Adirondack and James Sinclair Taylor (Directory of Social Change, 2001). The websites are not intended as a comprehensive update and should not be treated as such.

To order a copy of The Voluntary Sector Legal Handbook, print out the order form at www.sandy-a.co.uk/bookserv.htm or send an email order by clicking . It costs £50 for voluntary organisations or £80 for others, plus 10% p&p. We expect the third edition to be published in 2007.

The information here covers the law applicable to England and Wales. It may not apply in Northern Ireland and/or Scotland. These news items are not a full or definitive statement of the law and are not intended as a substitute for professional legal advice. No responsibility for loss occasioned as a result of any person acting or refraining from acting can be taken by the author.

Chapter 21
FINANCIAL DIFFICULTIES AND WINDING UP

Charities Act 2006: Not yet in effect
POWER TO TRANSFER ALL PROPERTY

Updated 5/12/06. This information updates s.21.8.4 in The Voluntary Sector Legal Handbook 2nd edition.
When the relevant provisions come into effect (expected early 2008), the current procedures under which unincorporated charities with annual income of no more than £5000 can transfer all the property of the charity to one or more other charities or change the charity's objects will be simplified, and the threshold will be increased to £10,000. These provisions will not apply where the charity holds land which must be used for the purposes, or any particular purpose, of the charity.

This provision is in s.40 of the Charities Act 2006, which replaces s.74 and adds ss.74A-74B to the Charities Act 1993. For links to the Acts and guidance, see The Charities Act 2006.

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for the voluntary sector
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