Benevolent Institutions - Law Commission - Ministry of Justice

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Geo.1 c.29 (1721) (Charterhouse Governors (Quorum) Act) 4. According to its long title, the purpose of this 1721 Act was “for Preventing Delays in the Execution of the Trust reposed in the Governors of the Hospital of King James, Founded in Charter-House, at the Charges of Thomas Sutton Esq; for the Benefit of the said Hospital.” 5. The preamble to the 1721 Act recorded the practical difficulties involved in complying with the existing legal requirement that at least 9 of the 16 Governors needed to assemble for the purpose of reaching a quorum for transacting Governors’ business. The 1721 Act accordingly provided that a quorum of 5 Governors would suffice for this purpose, provided that 4 days’ notice of the meeting had been given to all 16 Governors. 6. This 1721 amendment has since been superseded. Clause 16 of the 2009 Scheme provides for the requisite quorum (a minimum of 5 Governors) for the transaction of business at Governors’ assemblies. Accordingly the 1721 Act no longer serves any useful purpose and may be repealed on that basis. Sutton’s Hospital in Charterhouse Charity Scheme Confirmation Act 1948 7. The purpose of this 1948 Act was to confirm a scheme made by the Charity Commissioners in December 1946 to amend the existing application or management of the Charity. The principal amendments made by this scheme provided as follows: (a) the establishment of the Hospital of the Charity “shall cease to include a Preacher” (1946 Scheme, clause 2) (b) the Master of the Hospital was required to perform the duties of the Preacher or Chaplain as directed by the Governors of the Hospital (1946 Scheme, clause 3) (c) the Governors may pay the Master up to £50 annually to provide for an alternative person to perform the Preacher’s duties in the Master’s absence (1946 Scheme, clause 4). 8. The amendments confirmed by the 1948 Act have been superseded by later schemes. Issues such as the employment of a preacher and the duties of the Master are now provided for by the 2009 Scheme (clause 14). Accordingly the 1948 Act no longer serves any useful purpose and may be repealed on that basis. 2
Sutton’s Hospital (Charterhouse) Charity Scheme Confirmation Act 1956 9. The purpose of this 1956 Act was to confirm a scheme made by the Charity Commissioners to amend the existing application or management of the Charity. The principal amendments made by this scheme empowered the Governors from time to time to let any unoccupied property of the Charity, subject to restrictions as to the length of the letting or the rental to be charged (clause 2). 10. The amendments confirmed by the 1956 Act have been superseded by later schemes. Clause 5 of the 2009 Scheme gives the Governors extensive power to manage and invest the property of the Charity, as well as undertake any lawful activity as shall further the objects of the Charity. Accordingly the 1956 Act no longer serves any useful purpose and may be repealed on that basis. Consultation 11. The Charity Commission, the Department of Health and Sutton’s Hospital in Charterhouse have been consulted about these repeal proposals. LAW/005/024/06 09 September 2010 3
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Westminster Hospital Act (1836) 5.
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Benton in the county of Northumberl
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special provisions for the hospital
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6. The 1856 Act accordingly provide
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as luxury residential accommodation
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Royal Hospitals NHS Trust, renamed
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Hospital has the powers given to Fo
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(b) once the new general hospital w
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4. The 1958 Scheme has been superse
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4. The Scheme was superseded by a n
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Benevolent Institutions - Law Commission - Ministry of Justice

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