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Walton J held that the present members of the association shared in the surplus property equally. I can see no reason for thinking that this analysis is any different whether the purpose for which the members of the association associate are a social club, a sporting club, to establish a widows’ and orphans’ fund, to obtain a separate parliament for Cornwall, or to further the advance of ...
The rule against perpetuities serves a number of purposes. First, English courts have long recognized that allowing owners to attach long-lasting contingencies to their property harms the ability of future generations to freely buy and sell the property, since few people would be willing to buy property that had unresolved issues regarding its ownership hanging over it.
The beneficiary principle is a policy of English trusts law, and trusts in Commonwealth jurisdictions, that trusts which do not have charitable objects, as under the UK Charities Act 2006 sections 2 and 3, and also do not make the trust property available for the benefit of defined people (i.e. beneficiaries), are void.
Prior to the Charities Act 1960 (8 & 9 Eliz. 2. c. 58), this "failed purpose" situation was the only time when cy-pres could be applied; it required the original purpose to be impossible or impractical. With the 1960 Act (the relevant provisions of which are now included in the 1993 Act), cy-pres can be applied where the original purposes have:
The Charities Act 2011 (c. 25) is a UK act of Parliament. It consolidated the bulk of the Charities Act 2006 , outstanding provisions of the Charities Act 1993 , and various other enactments. [ 1 ]
Most exempt charities are listed in Schedule 3 to the Charities Act 2011, but some charities are made exempt by other acts. However exempt charities must still comply with charity law and may approach the Charity Commission for advice. Some charities are 'excepted' from charity registration.
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The Charities Act 2006 (c. 50) is an act of the Parliament of the United Kingdom intended to alter the regulatory framework in which charities operate, partly by amending the Charities Act 1993. The Act was mostly superseded by the Charities Act 2011 , which consolidates charity law in the UK.