Benevolent Institutions - Law Commission - Ministry of Justice

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Reference Extent of repeal or revocation ___________________________________________________________________ 9 Geo.3 c.31 (1769) The whole Act. (Magdalen Hospital, London Act) Magdalen Hospital Amendment Act 1848 The whole Act. (11 & 12 Vict. c.xvii) Magdalen Hospital Amendment Act 1866 The whole Act. (29 & 30 Vict. c.cxxx) Magdalen Hospital Charity Scheme The whole Act. Confirmation Act 1937 (1 Edw.8 & 1 Geo.6 c.xxiv) ___________________________________________________________________ Magdalen Hospital Acts of 1769, 1848, 1866 and 1937 1. This note proposes the repeal of four obsolete Acts relating to the Magdalen Hospital, a charity established in 1758 to protect women from a life of prostitution. Background 2. In 1758 a charitable society was proposed by Robert Dingley with the object of establishing a house for the reception, maintenance and employment of former prostitutes. Premises for the home (or “hospital” as it was called) were acquired that year in Prescot Street, Whitechapel. 6 The society was incorporated in 1769 and the hospital became known as the Magdalen Hospital. It moved that year to St George’s Fields, Southwark. 3. The Hospital expanded during the nineteenth century, moving to Streatham in 1866. General rebuilding took place in 1913 including the provision of a laundry. 7 In 1934 the hospital became recognised as an approved school 8 with the result that most of the in-mates were sent there by the courts. The hospital was eventually closed in 1966 and the site was bought for housing by Lambeth Council. 4. The charity still exists. In 1973 it was re-constituted and re-named as the Magdalen Hospital Trust (“the Trust”) pursuant to a scheme made by the Charity 6 The premises had previously been the home of the old London Hospital. 7 Much of the hospital’s money came from laundry services. 8 The system of approved schools appeared in the United Kingdom pursuant to the Children and Young Persons Act 1933. They were schools to which young people could be sent by a court, usually for committing offences but sometimes because they lacked parental control. The system of approved schools disappeared as a result of the Children and Young Persons Act 1969 (which established new regimes for such children). 8
Commission 9 , with funds derived from the proceeds of sale of the hospital. The objects of the Trust are to promote the welfare of young persons (of either gender) under 25 who are exposed to moral danger or who are prevented by reason of mental or bodily disease or other incapacity or other circumstances from providing for themselves or their children proper accommodation, maintenance or training. The Trust meets these objects not by offering residential support but by providing grants to support the education and training of young persons and to promote research into the causes of delinquency of young persons (and any project associated with this). 5. The four enactments that were passed to support the charity have become obsolete because they relate to issues that are no longer relevant to the charity today. In particular they relate to (1) a corporate structure of the charity that no longer exists in its original form and (2) the provision of residential support that no longer exists. 6. The provisions of these four enactments are summarised briefly in the following paragraphs. Magdalen Hospital, London Act (1769) (9 Geo.3 c.31) 7. According to its long title, the purpose of the Magdalen Hospital Act of 1769 (“the 1769 Act”) wasfor the establishing and well governing an Hospital for the Reception, Maintenance, and Employment of Penitent Prostitutes, and for extinguishing the Right of Common of and in certain Lands in Saint George’s Fields in the County of Surrey. 8. The 1769 Act provided as follows- (a) the establishment of a Corporation to govern a hospital for the reception, maintenance and employment of penitent prostitutes (b) the appointment of Governors (including any person paying five guineas yearly to the hospital); the Governors to be a corporate body known as the President, Vice Presidents, Treasurer and Governors of the Magdalen Hospital for the Reception of Penitent Prostitutes (c) the Governors were authorised to hold moneys and purchase land; appointment of President, Vice-Presidents, Treasurer and a Committee 9 The scheme was brought into force on 22 February 1973 by virtue of the Charities (Magdalen Hospital Charity) Order 1973, SI 1973 No.196. 9
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Consultation 10. The Department of
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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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7. Accordingly the scheme confirmed
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Consultation 6. The Charity Commiss
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Hospital has the powers given to Fo
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Consultation 6. The Department of H
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5. The arrangements set up by the 1
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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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