The purpose of this provision is to ensure that, where a single donor establishes a charitable trust with a view to its expending only the income on its charitable purposes, whilst retaining the capital to produce income for future beneficiaries, it is not possible for the charity trustees to reverse this decision. Unfortunately the provision as currently drawn is so wide that it captures situations which it should not. For example, many independent schools were originally established as a result of the bequest of one wealthy patron many hundreds of years ago. Where the land and buildings given to establish the school are held as permanent endowment, it means that the sale proceeds from surplus land cannot be applied in the building of new premises on the charity’s existing land. There are many similar instances. It must be right, therefore, that for very ancient gifts the trustees should have the flexibility to release some of its capital from permanent endowment status so that it can be used to maintain and develop the charity’s property.