Benevolent Institutions - Law Commission - Ministry of Justice

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(c) repeal of a provision in the 1769 Act that presented certain office-holders or employees from being one of the Governors; no paid officer of the charity could act as Governor (articles 3 and 4) (d) repeal of a provision in the 1769 Act and the 1848 Act about the holding of general courts; from now on there would be an annual general court of the Governors for the election of the vice-presidents, the treasurer and the committee; a general court could be convened at the request of five or more governors (articles 5 and 6) (e) provision for future schemes; construction; date of Scheme (articles 7 to 9). Current position 17. The charity today operates not pursuant to any of these four enactments but in accordance with a Scheme of the Charity Commissioners (“the Current Scheme”) which was confirmed by the Charities (Magdalen Hospital Charity) Order 1973 (SI 1973/No.196) with effect from 22 February 1973. 13 18. The Current Scheme provides as follows- (a) the charity operates under the title of the Magdalen Hospital Trust in accordance with the provisions of the Current Scheme; the body corporate established by the 1769 Act (the President Vice-Presidents Treasurer and Governors of the Magdalen Hospital) is dissolved; the Archbishop of Canterbury is the President of the charity (articles 1, 2, 4) (b) the charity is to be run by a body of 12 trustees; provisions for appointing the trustees and filling vacancies; meetings and proceedings of trustees (articles 5 to 20) (c) the trustees must apply the charity’s net income in promoting the welfare of young persons who are exposed to moral danger or are prevented by reason of mental or bodily disease or infirmity or other incapacity or any other circumstances from providing for themselves or their children proper accommodation, maintenance or training; 14 income may be applied for the purpose of preventing crime and delinquency amongst young persons (articles 21 and 22) 13 By order made by the Charity Commissioners on 19 February 2004, the charity trustees were given general authority to amend the trusts of the charity. 14 In particular the trustees must (a) make grants to schools, colleges, hostels and other institutions where young persons are maintained or trained (b) assist young persons in connection with trades, occupations or professions by the provision of tools or books and the payment of fees and other expenses (c) assist unmarried mothers in need of financial assistance. 12
(d) general provisions (articles 23 to 26). 19. The provisions of the Current Scheme entirely supersede those of the four enactments of 1769, 1848, 1866 and 1937. Those enactments are accordingly obsolete and their repeal is proposed on that basis. Consultation 20. The Charity Commission, the Department of Health and the Magdalen Hospital Trust have been consulted about these repeal proposals. LAW/005/024/06 09 September 2010 13
Page 1: Statute Law Repeals: Consultation P
Page 4 and 5: BACKGROUND NOTES ON STATUTE LAW REP
Page 6 and 7: and any such investigation, legal p
Page 8 and 9: vi Page 48 Geo.3 c.lxxvii (1808) 27
Page 10 and 11: viii Page Alton Military Hospital A
Page 12 and 13: The Bethlem Hospital, St George’s
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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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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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