The Local Government Area Changes Regulations 1976

Charities

24.—(1) (a) The provisions of this paragraph shall have effect in relation to property held, immediately before the appointed day, as sole trustee, exclusively for charitable purposes, by any authority described in column (1) of the following table affected by the order.

(b)Where such property is held for the benefit of, or of the inhabitants of, or of any particular class or body of persons in, a specified area the whole or the greater part of which is transferred from the authority so described to an authority specified in respect thereof in column (2), that property shall be virtue of this paragraph be transferred to and vest (on the same trusts) in the authority so specified.

(c)Where the authority so described is dissolved any other property to which this paragraph applies shall by virtue of this paragraph be transferred to and vest (on the same trusts) in the authority specified in respect of such authority in column (2) to whom the whole or the greater part of the area of the first-mentioned authority is transferred.

1. In relation to property held by the council of a non-metropolitan county or a metropolitan district for the purposes of a charity which, before 1st February 1974, was registered in the register established under section 4 of the Charities Act 1960 in any part of that register maintained by the Secretary of State for Education and Science or the Secretary of State for Wales by virtue of section 2 of that Act, the first and second entries in column (2) shall have effect with the substitution for references to the council of another county or the council of another district of references to the council of a non-metropolitan county or of a metropolitan district.

2. The entries in respect of the Inner London Education Authority shall have effect only in relation to property held by that Authority for the purposes of a charity registered as specified in paragraph 1.

3. In relation to property held by the corporation or council of an outer London borough for the purposes of a charity registered as so specified, the last entry in column (2) shall have effect with the substitution for the corporation or council of any inner London borough of the Inner London Education Authority.

(d)All liabilities attaching to any authority in respect of any property transferred by sub-paragraph (b) or (c) shall by virtue of this paragraph be transferred to and attach to the authority to whom such property is transferred.

(e)All contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given (or have effect as if they had been given) by, or to, the authority first mentioned in sub-paragraph (d) in respect of any property transferred by sub-paragraph (b) or (c), or in respect of liabilities transferred by sub-paragraph (d), shall be of full force and effect in favour of, or against, the authority to whom such property and liabilities are transferred.

(f)Any action or proceeding or any cause of action or proceeding, pending or existing at the appointed day, by, or against, the authority first mentioned in sub-paragraph (d) in respect of any property transferred by sub-paragraph (b) or (c), or in respect of liabilities transferred by sub-paragraph (d), shall not be prejudicially affected by reason of this paragraph, and may be continued, prosecuted and enforced by, or against, the authority to whom such property and liabilities are transferred.

(2) (a) Where, immediately before the appointed day, any power with respect to a charity, not being a charity incorporated under the Companies Acts or by charter, is under the trusts of the charity or by virtue of any enactment vested in, or in the holder of an office connected with, an authority to whom paragraph (1)(b) or (c) applies, that power shall vest in, or in the holder of the corresponding office connected with, the authority in whom, had property of the charity been vested in the first-mentioned authority, that property would have been transferred by paragraph (1).

(b)If there is no corresponding office the power shall vest in the authority described in sub-paragraph (a).

(3) (a) References in paragraph (2) to a power with respect to a charity do not include reference to a power of any person by virtue of being a charity trustee thereof, but where under the trusts of any charity, not being a charity incorporated under the Companies Acts or by charter, the charity trustees immediately before the appointed day include either an authority to whom paragraph (1(b) or (c) applies or the holder of an office connected with such an authority, those trustees shall instead include the authority specified in paragraph 2(a) or, as the case may require, the holder of the corresponding office connected with that authority.

(b)If there is no corresponding office, the charity trustees shall include the person appointed for that purpose by the authority.

(4) (a) Where, immediately before the appointed day, any power with respect to a charity to which paragraphs (1) to (3) do not apply, not being a charity incorporated under the Companies Acts or by charter, is under the trusts of the charity or by virtue of any enactment vested in, or in the holder of an office connected with, the local authority of any area affected by the order, that power shall be exercisable, if the Charity Commissioners so direct, by such other authority or persons as may be specified in the direction.

(b)In this paragraph, “local authority” includes a parish meeting, the Common Council, the Honourable Society of the Inner Temple or the Honourable Society of the Middle Temple.

(5) Nothing in this regulation shall affect any power of Her Majesty, the court or any other person to alter the trusts of any charity.