§ MR. T. L. HARE (Norfolk, S.W.)
I beg to ask the hon. Member for Thirsk and Malton, as a Charity Commissioner, why the Charity Commissioners do not proceed to apportion Marshall's Charity, at Welney, Norfolk, in accordance with the application of the parish council, who desire to appoint trustees?
MR. GRANT LAWSON (York, N. R., Thirsk)
This Charity is applicable to purposes partly ecclesiastical, partly 183 eleemosynary, and partly those of an Elementary School. The Commissioners could apportion between the ecclesiastical part and the rest of the Charity, if that would give effect to the Local Government Act 1894, and enable the parish council to appoint trustees, but this is not the case. Before they can do so it is necessary, having regard to Section 66 of the Parish Councils Act, to separate eleemosynary from the educational part of the Charity, and the Act gives no power to do this. I understand that a Bill will be introduced by Members on both sides to remedy this state of things, which has caused disappointment in many parishes. Until that Bill is passed the Commissioners cannot give the parish councils representation on any part of these mixed trusts—except by way of scheme, and the trustees in this case have not made the necessary application.