Statute Law Repeals - Law Commission - Ministry of Justice

1.77 The purpose of the Westminster Hospital Act of 1836 98 was to incorporate the
governors of the hospital and to confer upon them powers to manage the
hospital’s assets and to run the hospital itself. The 1836 Act provided for a
system of hospital administration that ceased to be relevant in 1948 when the
hospital came under the control of the NHS. The hospital today, as part of the
Chelsea and Westminster NHS Foundation Trust, does not rely on 19 th century
legislation passed to incorporate privately-run voluntary hospitals. The Act has
long been obsolete and its repeal is recommended on that basis.
Refuge for the Destitute
1.78 The Refuge for the Destitute institution was formed in or around 1805 to provide
charitable relief for women upon their discharge from prison. The institution
provided shelter and financial support for such women. The preamble to the
Refuge for the Destitute Act of 1838 99 recorded that the good work carried out by
the institution could be greatly enhanced if the institution were to be incorporated.
The institution, duly incorporated, continued in operation until 27 March 1925
when the Elizabeth Fry Refuge and Refuge for the Destitute Charities Scheme
Confirmation Act 1925 100 came into force. The 1925 Act confirmed a scheme
approved by the Charity Commissioners for the management of the charity
known as the Elizabeth Fry Refuge and the Refuge for the Destitute Institution.
The two charities were in effect merged under a new constitution provided by that
scheme. Article 2 of the scheme provided for the dissolution of the corporation
established by the 1838 Act. In consequence the 1838 Act became unnecessary
and its repeal is now proposed on that basis. The repeal will have no effect on
the charity today known as the Elizabeth Fry Home. 101
Lord Scudamore Charity
1.79 By a codicil to his will dated 4 September 1680, Sir John Scudamore (Lord
Viscount Scudamore of Sligo, Ireland) bequeathed the sum of £400 on charitable
trust to “set to work the People of the City of Hereford”. 102 This charity was
amended by order of the High Court of Chancery in 1765 to enable the funds to
be used for employing the poor of Hereford in any manufacture, trade or business
whatsoever within the city. Further changes to the charity were made by an Act of
1774 103 which provided that the charity’s funds should be held by certain
Commissioners on trust to buy materials and utensils for setting the poor people
of the city of Hereford to work in any manufacture, trade or business.
98 6 & 7 Will.4 c.xx.
99 1 & 2 Vict. c.lxxi.
100 15 & 16 Geo.5 c.ix.
101
This charity continues to provide accommodation and support for women discharged from
prison or placed on probation.
102 3 & 4 Vict. c.cxxv (1840), preamble.
103
14 Geo.3 c.38 (Hereford Streets). This Act has been repealed in its entirety: 17 & 18 Vict.
c.xxxi (1854).
88