- Statutory Instrument 2000 No. 891
The Charities (Corporation of the Hall of Arts and Sciences) Order 2000
© Crown Copyright 2000
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| Made | 26th March 2000 | ||
| Coming into force | 9th April 2000 |
Whereas the Charity Commissioners for England and Wales have, in pursuance of section 17(1) of the Charities Act 1993[1], settled the Scheme set out in the Appendix to this Order with a view to its being given effect under that section:
And whereas the Scheme does not alter any statutory provision contained in or having effect under any public general Act of Parliament:
And whereas a draft of this Order has been laid before Parliament, the period of forty days mentioned in section 6(1) of the Statutory Instruments Act 1946[2] has expired and neither House of Parliament has within that period resolved that the Order not be made:
Now, therefore, in pursuance of section 17(2) of the Charities Act 1993, the Secretary of State hereby makes the following Order:-
1. This Order may be cited as the Charities (Corporation of the Hall of Arts and Sciences) Order 2000 and shall come into force on the fourteenth day after the day on which it is made.
2. The Scheme set out in the Appendix to this Order shall have effect.
Jack Straw
One of Her Majesty's Principal Secretaries of State
Home Office
26th March 2000
Whereas the Charity known as The Corporation of the Hall of Arts and Sciences ("the Corporation") is now regulated by:
(1) a Royal Charter dated 8th April 1866 and Supplemental Charters dated 25th October 1887 and 7th December 1928 ("the Charters");
(2) The Royal Albert Hall Acts 1876 to 1966 ("the Acts")[3]; and
(3) The British Museum (Transitional Provisions) Order 1965:
And whereas the Trustees of the Corporation consider that they are no longer able to further the purposes of the Corporation in the manner contemplated by the Charters and the Acts:
And whereas the Trustees of the Corporation have on behalf of the Corporation made application to the Charity Commissioners for a Scheme for the administration thereof:
And whereas it appears to the Charity Commissioners that a Scheme should be established for the administration of the Corporation but that it is necessary for the Scheme to make provision which goes beyond the powers exercisable by them apart from section 17 of the Charities Act 1993:
And whereas in pursuance of section 20 of the Charities Act 1993 public notice of the Charity Commissioners' proposals for this Scheme has been given and no representations have been received in respect thereof:
Now, therefore, the Charity Commissioners for England and Wales ("the Commissioners") in pursuance of section 17(1) of the Charities Act 1993 hereby settle the following Scheme:
Provisions ceasing to have effect
1. The provisions of section 9 of the Royal Albert Hall Act 1927 and section 5 of the Royal Albert Hall Act 1951 shall cease to have effect.
Power to borrow
2. The Corporation shall have power to borrow.
Power to mortgage or charge
3. The Corporation shall have power to mortgage or charge:
-
(a) the income revenues and property of the Corporation, and
(b) the land of the Corporation:
-
(i) by way of security for the repayment of a loan subject to the provisions of section 38 of the Charities Act 1993; and
(ii) by way of security otherwise than for the repayment of a loan provided that before doing so it obtains and considers proper advice on the matters mentioned in section 38(3) of the Charities Act 1993. For these purposes, " proper advice" means written advice which complies with section 38(4) of that Act.
Questions under the Scheme
4.
The Commissioners may decide any question put to them concerning:
-
(a) the interpretation of this Scheme; or
(b) the propriety or validity of anything done or intended to be done under it.
Sealed by Order of the Commissioners this 10th day of November 1999.
L.S.
(This note is not part of the Order)
This Order gives effect to a Scheme of the Charity Commissioners for the Charity known as the Corporation of the Hall of Arts and Sciences ("the Corporation") which is regulated by a Royal Charter of 1866, Supplemental Charters of 1887 and 1928, the Royal Albert Hall Acts 1876 to 1966, and the British Museum (Transitional Provisions) Order 1965.
The Scheme alters some of the statutory provisions governing the Corporation with the effect that the Corporation shall have greater power to borrow money and to mortgage or charge its property.
Notes:
[1] 1993 c. 10.back
[3] 1876 c. 1vi, 1927 c. 1xxiv, 1951 c. xviii, 1966 c. x.back
ISBN 0 11 099019 6