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13. The preamble to the 1848 Act recorded that the income of the Society had greatly diminished in recent years whereas the Society’s expenses had greatly increased, particularly because of the parish rates charged in the Southwark area. Moreover the Society wished to engage its children in agricultural and out-door pursuits, something that was not practicable in the Society’s confined premises on the outskirts of London. The Society wished to move to the country and raise money by leasing such lands as it did not require for its own occupation. This would require fresh legislative powers. 14. Accordingly the 1848 Act provided as follows- (a) the Corporation was given new powers to purchase land and to sell any land that it no longer needed (b) the Corporation was authorised to grant leases (including building leases) of any of its land (c) provisions as to receipts; quarterly meetings of the Society; subscriptions; expenses and status of this Act. 15. On the strength of this Act, the Society sold its London premises and in 1849 bought an estate in Redhill for use as the Society’s Farm School. This school was managed by the Society until 1973 when control passed to the London Borough of Wandsworth. The school finally closed in 1988. Current position 16. The Society operates today not pursuant to any of these three Acts but in accordance with a Scheme of the Charity Commissioners (“the Current Scheme”) dated 1 July 2008. The Current Scheme replaced a scheme of the Charity Commissioners dated 23 February 1994 (“the 1994 Scheme”). 31 The 1994 Scheme provided the Society with a new constitution in substitution for the constitution provided by the three Acts. Indeed clause 1 of the 1994 Scheme provided that “subject to clause 2(1) of this Scheme, the … Acts of 1806, 1823 and 1848 shall cease to have effect”. Clause 2(1) provided for the Society to continue to be a body corporate. 17. The Current Scheme superseded the 1994 Scheme and provided the Society with a new constitution. However the Current Scheme expressly saved clause 2(1) 31 The 1994 scheme was appended to the Charities (The Royal Philanthropic Society) Order 1994, SI 1994 No 1235. 24
of the 1994 Scheme 32 in order to preserve the three Acts of 1806, 1823 and 1848 so far as they provide the Society with corporate status. Conclusion 18. Accordingly the three Acts of 1806, 1823 and 1848 now serve no purpose except to preserve the status of the Society as a body corporate. This effect may be conveniently continued by the entry in the attached Schedule of consequential and connected provisions. This will supersede the effect of clause 2(1) of the 1994 Scheme and permit the final repeal of the three Acts in their entirety. 33 Consultation 19. The Charity Commission, the Department for Education, the Royal Philanthropic Society and Catch 22 Charity Ltd have been consulted about these repeal proposals. LAW/005/024/06 09 September 2010 32 The Current Scheme, clause 2. 33 The amendment refers to the 1806 Act alone because it was that Act (and not the 1823 or 1848 Acts) that gave the Society corporate status. 25
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special provisions for the hospital
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as luxury residential accommodation
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Royal Hospitals NHS Trust, renamed
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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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