Statute Law Repeals - Law Commission - Ministry of Justice

1.43 The hospital of St Mary Magdalene was originally founded as a religious house in
the reign of Henry I. Situated just outside Newcastle, 59 it was granted a charter by
Henry III in 1253. James I granted the hospital a new charter in May 1611. Under
this, the hospital was incorporated and had to be run by a master and provide
accommodation for “three poor single or unmarried brethren”. The mayor and
burgesses of Newcastle were appointed patrons to the hospital. Subsequent
arrangements, including enactments passed in 1827 60 and 1867, 61 confirmed the
management role of the Newcastle-upon-Tyne Corporation in running the affairs
of the hospital.
1.44 Changes in the management of both hospitals over the years have meant that
two enactments relating to the hospitals have become obsolete and are therefore
now proposed for repeal.
1.45 The Holy Jesus Hospital, Newcastle-upon-Tyne Act of 1847 62 was passed to
provide financial support for the Holy Jesus Hospital and to provide a better
regulation for the hospital and its income. The Saint Mary Magdalene Hospital
(Newcastle-upon-Tyne) Act 1940 63 was passed to provide Newcastle-upon-Tyne
Corporation with additional powers in relation to the St Mary Magdalene Hospital.
1.46 The administration of both hospitals is today governed by a scheme made by the
Charity Commission on 22 December 2008. This scheme provides that the
charity (named in the scheme as the St Mary Magdalene and Holy Jesus Trust) is
to be administered in accordance with the scheme, thereby replacing the former
trusts of the charity. 64 Accordingly the 2008 scheme has superseded the earlier
schemes and legislation relating to both hospitals. It follows that the 1847 Act and
the 1940 Act are now obsolete and may be repealed.
GROUP 12 – LONDON HOSPITAL
1.47 The London Hospital (now the Royal London Hospital) was founded in 1740 as
“The London Infirmary” by a society of philanthropists to care for the sick poor
among the merchant seamen and manufacturing classes. It moved to its current
location in Whitechapel in 1757. The Hospital was originally funded by voluntary
contributions and charitable donations.
59 It was originally intended to look after lepers. There is some evidence that people returning
to England from the crusades were afflicted with leprosy as a result of their travels.
60 7 & 8 Geo.4 c.58.
61
30 & 31 Vict. c.vii. This 1867 Act was repealed by the Tyne and Wear Act 1980 (c.xliii), s
58, Sch 4.
62 10 & 11 Vict. c.34.
63 3 & 4 Geo.6 c.xxxv.
64 The 2008 scheme, which also provides for the administration of other named Newcastle
charities, supersedes an earlier scheme made by the Charity Commission which dissolved
the corporations that were originally constituted in relation to both hospitals. This earlier
scheme was confirmed by the Hospital of Mary Magdalene and other Charities (Newcastleupon-Tyne)
Charity Scheme Confirmation Act 1959 (7 & 8 Eliz.2 c.xiv).
81