sec.105Occasions for applying property cy pres

### sec.105 Occasions for applying property cy pres Subject to subsection (2) , the circumstances in which the original purposes of a charitable trust can be altered to allow the property given or part of it to be applied cy pres shall be as follows— where the original purposes, in whole or in part— have been as far as may be fulfilled; or can not be carried out; or can not be carried out according to the directions given and to the spirit of the trust; where the original purposes provide a use for part only of the property available by virtue of the trust; where the property available by virtue of the trust and other property applicable for similar purposes can be more effectively used in conjunction, and to that end can suitably, regard being had to the spirit of the trust, be made applicable to common purposes; where the original purposes were laid down by reference to an area which then was but has since ceased to be a unit for some other purpose, or by reference to a class of persons or to an area which has for any reason since ceased to be suitable, regard being had to the spirit of the trust, or to be practical in administering the trust; where the original purposes, in whole or in part, have, since they were laid down— been adequately provided for by other means; or ceased, as being useless or harmful to the community or for other reasons, to be in law charitable; or ceased in any other way to provide a suitable and effective method of using the property available by virtue of the trust, regard being had to the spirit of the trust. Subsection (1) shall not affect the conditions which must be satisfied in order that property given for charitable purposes may be applied cy pres, except in so far as those conditions require a failure of the original purposes. References in subsections (1) and (2) to the original purposes of a trust shall be construed, where the application of the property given has been altered or regulated by a scheme or otherwise, as referring to the purposes for which the property is for the time being applicable. It is hereby declared that a trust for charitable purposes places a trustee under a duty, where the case permits and requires the property or some part of it to be applied cy pres, to secure its effective use for charity by taking steps to enable it to be so applied. Nothing in this section shall affect the application of the provisions of the Charitable Funds Act 1958 to the funds to which that Act applies. s 105 amd 1988 No. 19 s 15 (sec.105-ssec.1) Subject to subsection (2) , the circumstances in which the original purposes of a charitable trust can be altered to allow the property given or part of it to be applied cy pres shall be as follows— where the original purposes, in whole or in part— have been as far as may be fulfilled; or can not be carried out; or can not be carried out according to the directions given and to the spirit of the trust; where the original purposes provide a use for part only of the property available by virtue of the trust; where the property available by virtue of the trust and other property applicable for similar purposes can be more effectively used in conjunction, and to that end can suitably, regard being had to the spirit of the trust, be made applicable to common purposes; where the original purposes were laid down by reference to an area which then was but has since ceased to be a unit for some other purpose, or by reference to a class of persons or to an area which has for any reason since ceased to be suitable, regard being had to the spirit of the trust, or to be practical in administering the trust; where the original purposes, in whole or in part, have, since they were laid down— been adequately provided for by other means; or ceased, as being useless or harmful to the community or for other reasons, to be in law charitable; or ceased in any other way to provide a suitable and effective method of using the property available by virtue of the trust, regard being had to the spirit of the trust. (sec.105-ssec.2) Subsection (1) shall not affect the conditions which must be satisfied in order that property given for charitable purposes may be applied cy pres, except in so far as those conditions require a failure of the original purposes. (sec.105-ssec.3) References in subsections (1) and (2) to the original purposes of a trust shall be construed, where the application of the property given has been altered or regulated by a scheme or otherwise, as referring to the purposes for which the property is for the time being applicable. (sec.105-ssec.4) It is hereby declared that a trust for charitable purposes places a trustee under a duty, where the case permits and requires the property or some part of it to be applied cy pres, to secure its effective use for charity by taking steps to enable it to be so applied. (sec.105-ssec.5) Nothing in this section shall affect the application of the provisions of the Charitable Funds Act 1958 to the funds to which that Act applies. - (a) where the original purposes, in whole or in part— (i) have been as far as may be fulfilled; or (ii) can not be carried out; or (iii) can not be carried out according to the directions given and to the spirit of the trust; - (i) have been as far as may be fulfilled; or - (ii) can not be carried out; or - (iii) can not be carried out according to the directions given and to the spirit of the trust; - (b) where the original purposes provide a use for part only of the property available by virtue of the trust; - (c) where the property available by virtue of the trust and other property applicable for similar purposes can be more effectively used in conjunction, and to that end can suitably, regard being had to the spirit of the trust, be made applicable to common purposes; - (d) where the original purposes were laid down by reference to an area which then was but has since ceased to be a unit for some other purpose, or by reference to a class of persons or to an area which has for any reason since ceased to be suitable, regard being had to the spirit of the trust, or to be practical in administering the trust; - (e) where the original purposes, in whole or in part, have, since they were laid down— (i) been adequately provided for by other means; or (ii) ceased, as being useless or harmful to the community or for other reasons, to be in law charitable; or (iii) ceased in any other way to provide a suitable and effective method of using the property available by virtue of the trust, regard being had to the spirit of the trust. - (i) been adequately provided for by other means; or - (ii) ceased, as being useless or harmful to the community or for other reasons, to be in law charitable; or - (iii) ceased in any other way to provide a suitable and effective method of using the property available by virtue of the trust, regard being had to the spirit of the trust. - (i) have been as far as may be fulfilled; or - (ii) can not be carried out; or - (iii) can not be carried out according to the directions given and to the spirit of the trust; - (i) been adequately provided for by other means; or - (ii) ceased, as being useless or harmful to the community or for other reasons, to be in law charitable; or - (iii) ceased in any other way to provide a suitable and effective method of using the property available by virtue of the trust, regard being had to the spirit of the trust.