41Expenditure of patriotic funds

41 Expenditure of patriotic funds

(1) Assets are not payable or transferable out of a patriotic fund except—

(a) for any purpose for which the patriotic fund has been established or for any purpose defined by the Governor in Council under this section; or

(b) for any purpose incidental to the proper administration of the patriotic fund; or

(c) under this Act.

(2) If in the opinion of the trustees of a patriotic fund, the purposes for which the patriotic fund has been established are not sufficiently defined, the Governor in Council may, on the application of the trustees, define the purposes for which that patriotic fund is taken to have been established.

(3) Assets in the patriotic fund may be applied and used for all or any of the purposes defined under subsection (2).

(4) If in the opinion of the trustees of a patriotic fund—

(a) the amounts of money that may be applied from the patriotic fund for any purpose for which the patriotic fund was established or for the relief, assistance or support of any person for whose benefit the patriotic fund may be applied; or

(b) the rate at which money may be applied from the patriotic fund for any purpose for which the patriotic fund was established or for the relief, assistance or support of any person for whose benefit the patriotic fund may be applied—

are too small to enable the patriotic fund to be put to the best use, the Governor in Council may, on the application of the trustees, re-define the purposes of the patriotic fund as regards any matter to which paragraph (a) or (b) relates.

(5) The assets in the patriotic fund may be applied and used for all or any of the re-defined purposes.

(6) If in the case of any patriotic fund the Governor in Council is satisfied—

(a) that the patriotic fund—

(i) was established by, or at the instance of, persons being trustees for or officers or members of any body of persons corporate or unincorporate having amongst its objects one or more objects embraced by the purposes referred to in sections 23(2)(d) and 23(2)(e); and

(ii) has been consistently held and administered by trustees and administrative officers being trustees for, or officers or members of, the body; and

(b) that the patriotic fund was established for any purpose embraced by the purposes referred to in sections 23(2)(d) and 23(2)(e); and

(c) that it would enable the patriotic fund to be put to better use or administered more effectively if the purposes of the patriotic fund were re-defined as provided by this subsection—

the Governor in Council may, on the application of the trustees, re-define the purposes of the patriotic fund, but not in a way that makes those purposes wider than the purposes referred to in sections 23(2)(d) and 23(2)(e).