The Orchard: Charity Commission decision
Published 7 November 2011
Applies to England and Wales
The Commission received representations about a proposed Scheme that would add two purposes to the objects of the charity if the property cannot be used for the original purposes. The additional objects would allow the property to be used for the relief of elderly people who are in need by the provision of a day care centre and for other charitable purposes for the benefit of the inhabitants of the area of benefit.
The review was conducted by a senior manager in the Commission’s Specialist Casework division, who gave those who had commented on the draft Scheme the opportunity to clarify their representations by telephone.
Following careful consideration of the representations made to us, the reviewer decided the Scheme should be made with some modifications. The Scheme will continue to include the additional purposes, but without reference to an area of benefit.
An error in the publication details of the draft Scheme on the Commission’s website gave the impression that the Scheme would give the trustee a power of sale. However, this is not the case and the Scheme will not give a power of sale.