HL Deb 20 June 1881 vol 262 cc834-5

Amendments reported, (according to Order).


said, that after what had been suggested when the Bill was in Committee, he proposed to make certain Amendments to the Bill to meet the objections which had been put forward, and he had some Amendments of a merely formal character. Those Amendments were as follows:—

In Clause 3, page 2, line 31, after (1860) add (as amended by section five of the Charitable Trusts Act, 1869); line 42, leave out (Commissioners are) and. insert (Board is); Clause 4, page 3, line 5, after (provisions) add (relating to a charity) and leave out (private), and after (Parliament) insert—

Establishing a scheme approved and certified by the Board under section fifty-four and the following sections of the Charitable Trusts Act, 1853, or in any Act of Parliament other than a public general Act;

line 6, leave out (relating to a charity); Clause 5, page 3, line 15, after (1860,) add (as amended by section five of the Charitable Trusts Act, 1869); Clause 7, page 4, after line 15, add—

Proceedings for the recovery of any rent or other debt due to any charity, or the trustees thereof, for which an action might have been brought at the common law, or for the recovery of any land or tenement belonging to any charity from any lessee or tenant refusing to give up the possession thereof after his lease or tenancy has determined, or for an injunction in any case of urgency to restrain any actual or apprehended damage or injury to any charity property, may be commenced without previous notice to the Board; but in every such case notice of the commencement of such proceedings shall be given to the Board, together with a statement in writing of the reasons for taking the same, as soon as may be after the commencement thereof; and the Board, on receiving such notice, shall have power to make an order in like manner as if an application had been made for its sanction before the commencement of such proceedings, with such conditions, stipulations, and provisions as to the subsequent continuance and conduct or delay of such proceedings, and as to the costs of or incident to the same, as to the Board shall seem proper; and any order so made shall be binding upon the persons by whom such proceedings shall have been taken.

Clause 13, page 6, line 28, after (charity) add—

"Provided, that nothing herein contained shall authorise or enable any trustees to appoint a new trustee, provisionally or otherwise, without the approval of the Board, or make it the duty of the Board to make an order recording such appointment, in any case in which the approval of the Board is, by the provisions of any scheme for the administration of the charity for the time being in force or otherwise, by law required."

Clause 15, page 8, line 34, after (estate) add—

"Provided, that any realization or conversion of any charity fund which shall be necessary or shall take place for the purpose only of varying the investment thereof in any manner authorised by law, shall not, if the proceeds thereof are afterwards duly re-invested, be deemed to be a sale within the meaning of the said Charitable Trusts Amendment Act, 1855, or this Act."

Clause 23, page 12, line 3, before (In,) insert—

In the Charitable Trusts Acts, 1853 to 1881, unless the context otherwise requires, the expression 'trustee' in relation to any charity includes any person acting as a trustee or governor of a charity."

Amendments agreed to.


proposed, after Clause 14, to insert the following new Clause:— In the construction of the Charitable Trusts Acts, 1853 to 1869, and of this Act, the expression 'charity' shall not include the Royal Society of London for Improving Natural Knowledge.


said, he did not oppose the clause.

Clause agreed to.

Bill to be read 3a on Tuesday, the 28th instant; and to be printed as amended. (No. 120.)

House adjourned at a quarter past Eight o'clock, till To-morrow, half past Ten o'clock.