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EDRU Tour to South Africa Cancelled

EDRU Tour to South Africa Cancelled

Media Admin12 Nov 2021 - 17:25
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Due to the unforeseen circumstances surrounding the COVID-19 global pandemic, EDRU has now officially cancelled the tour to South Africa.

Members of the committee of EDRU have been in contact with both the RFU legal department and the Charites Commission to ascertain the legal process in which those who have personally made a financial payment to the tour, and those benefactors that have requested refunds, are dealt with in the correct manner.

The suggested process, is that those persons wishing to apply for a refund are to write to : chair@edru.co.uk requesting that a refund be made, and to include all those benefactors that is to also be indemnified.

The alternative option is, that you request to not to be refunded and that you are in agreement that the paid/raised/donated funds should remain in the trust account until another tour is arranged.

Below is the paragraph supplied from the Charities Commission on how we have proceeded to act: -

If an appeal for specific charitable purposes fails from the outset and the purpose of the appeal cannot be achieved (described in law as initial failure, or sometimes as failure ab initio), we cannot automatically assume that donors had a general charitable intention (i.e. that they would have been willing to support wider charitable purposes). In such circumstances the trustees would otherwise be obliged to refund the donations.

Special provisions are needed that take account of the rights of donors who can be traced, either to reclaim their donation or to agree to it being applied cy-près. These are contained in sections 63 to 66 of the 2011 Act.

Section 63 of the 2011 Act enables the Commission to make a cy-près Scheme for property that has been given for specific charitable purposes where:
· the donor cannot be identified or cannot be found, or
· the donor has made a written disclaimer, relinquishing his right to have the property returned.

November 2021
Richard Austin
Hon Sec
England Deaf Rugby

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