CHARITY OF WALTER STANLEY IN WEST BROMWICH BILL (Hansard, 18 November 1949)

§ Mr. M. Philips Price (Charity Commissioner)
I beg to move, "That the Bill be now read a Second time."
This is a small Measure which deals with the variation of a trust for the purpose of endowing incumbents in certain Anglican parishes in West Bromwich. This charity was founded in the year 1613 by Mr. Walter Stanley to endow the incumbent of the one parish of West Bromwich. The trust was altered in 1819—over a century ago—because the population had increased to 9,000 and the income had also increased so that it was found necessary to have a second parish and to divide the income between the two incumbents. This was done by Act of Parliament.
Generally it is possible for the Charity Commission to vary trusts without having to come to this House under the terms of the original powers given to it by this House. However, where a trust has been varied by this House, only this House can alter it again. That is why I have to ask for permission for an alteration to be made in this trust. Normally the Commission could deal with the matter, but in this case it cannot.
The reason for alteration is the same as that given in 1819. There has been a very large growth in the population of West Bromwich, and instead of two parishes there are now eleven. Moreover, there has been a great increase in the income for the incumbents. The 2348 money has been invested in house property which, of course, has gone up considerably in value in the last 130 years. Also, certain leases have fallen in fairly recently and this has raised the income to the sum of £6,595. As the matter now stands, the whole of this sum goes to the two original parishes, and the other nine have to go without any of this increased income. This Bill proposes to share the income equitably.
Clause 1 merely confirms the proposals laid down in the Schedule to the Bill. In the Schedule there is prescribed the mode of election of the trustees, and there is also a provision dealing with the meetings and the procedure to be followed by the trustees. Then, most important of all, there is the application of the increased income. The proposal is that an annual sum of £600 should be laid by for the purpose of a repair fund for the properties until the figure of £20,000 is reached. That will take some years. The second provision is that the sum of £1,000 shall go to the two original parishes, increasing their present income. Finally, the sum of £1,870 shall go to the remaining nine parishes. There will be a substantial balance left, and it is proposed that it should be left to the trustees to decide in their discretion any additional sums which they might give to any of the 11 parishes which may stand in need.
Those are the simple provisions of the Bill, but, of course, much larger issues are raised which are not covered by its provisions. One continually finds that there are trusts which can no longer be carried out according to the terms laid down by the original founder, because conditions are constantly changing. This particular Measure is a relatively simple one, because it is possible to continue the objects for which the Trust was originally founded, but there are others concerning which I continually receive letters from hon. Members asking me whether they cannot have the terms of the trust altered in some way or other, because it cannot any longer be carried on as originally intended. In fact, there are considerable sums of money accumulating in such cases, and they cannot be dealt with. Therefore, I take this opportunity of indicating that there is another issue on this matter which at some time in the future ought to be investigated. With that simple explanation, I hope the House will agree to the Second Reading of this Bill.

§ Sir John Mellor (Sutton Coldfield)
May I ask the hon. Gentleman two questions? I notice that a substantial part of the assets consists of house property in the town of Sutton Coldfield, and I would like to know if the hon. Gentleman can give an assurance that the changes proposed by this Bill will have no adverse effect whatever on the residents in that house property. The second question concerns a small point. I notice that the first-named trustee is appointed for life. That may be an entirely reasonable and justifiable course, but, in view of the recent policy shown in the Companies Act in regard to the tenure of office by directors, I think perhaps the hon. Gentleman might be prepared to explain why this gentleman is appointed for life.

§ Mr. Philips Price
As regards the second point, I can assure the hon. Baronet that all local interests have been consulted in this matter, and the life member has something to do with the original founder, though exactly in what way I cannot say at the moment. I will inform the hon. Baronet on the point later. The local parish councils appoint trustees to act for a certain time, so that there is no possibility of a lot of old people running the show permanently.
As regards the other point concerning the interests of the tenants, I think the mere fact that a fund is being raised to increase to £20,000 for repairs and for looking after the house property will be an advantage to them.

§ Sir J. Mellor
Then the hon. Gentleman can give the assurance that there will be no disadvantage to the present occupiers of the property, but that, on the contrary, it should be beneficial to them?

§ Mr. Philips Price
I certainly can give that assurance. They will be very much better off.