APPENDIX SCHEME FOR THE ALTERATION OF PROVISIONS CONCERNING THE CHARITY KNOWN AS THE BRISTOL, CLIFTON AND WEST OF ENGLAND ZOOLOGICAL SOCIETYWhereas the Charity known as the Bristol, Clifton and West of England Zoological Society (“the Charity”) is now regulated by:
(1) a deed made by James Norroway Franklyn and others dated 12th June 1837;
(2) the Bristol Clifton and West of England Zoological Society’s Act 1901 (“the 1901 Act”); and
c. ix (1 Edw. 7).
(3) the Bristol Clifton and West of England Zoological Society Act 1969 (“the 1969 Act”);
c. xxix.
And whereas the Trustees of the Charity have borrowing powers limited by the provisions of section 2 of the 1901 Act as amended by section 2(b) of the 1969 Act;
And whereas the Trustees of the Charity have on behalf of the Charity 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 purpose of removing any limitation of the Trustees' borrowing powers 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 in pursuance of section 17(1) of the Charities Act 1993 hereby settle the following Scheme:

SCHEME

1 Provisions ceasing to have effect
The provisions of section 2 of the 1901 Act and section 2(b) of the 1969 Act shall cease to have effect.

2 Power to borrow
The Charity shall have power to borrow money.

3 Power to mortgage or charge
The Charity shall have power to mortgage or charge:
(a) the income, revenues and property of the Charity, and
(b) the land of the Charity:
(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.

4 Questions under the Scheme
Any question as to the construction of this Scheme or as to the regularity or the validity of any acts done or about to be done under this Scheme may be determined by the Charity Commissioners upon such application made to them for the purpose as they think sufficient.