Queen Mary and Westfield College Act 1995

1995 CHAPTER ix

An Act to unite The Medical College of St. Bartholomew’s Hospital in the City of London and The London Hospital Medical College with Queen Mary and Westfield College, University of London; to provide for the transfer to Queen Mary and Westfield College of rights, properties, assets and obligations of those other Colleges; and for connected and other purposes.

[8th November 1995]

WHEREAS—

(1)

The People’s Palace Technical Schools were founded in 1887 and became the East London Technical College in 1896:

(2)

As East London College the College was admitted as a School of the University of London in 1907 and in 1913 established a governing body distinct from that of the People’s Palace:

(3)

The persons constituting the governing body of East London College were incorporated by the name of Queen Mary College by a charter granted by His late Majesty King George the Fifth on 30th November 1934:

(4)

Westfield College was founded in 1882 to provide residence and instruction in a Christian context for women students preparing for the examinations of the University of London, and was admitted as a School of the University of London in 1902:

(5)

The governors of Westfield College were incorporated by a charter granted by His late Majesty King George the Fifth on 19th July 1933, subsequently amended in 1964 to allow the admission of male students:

(6)

A supplemental charter was granted to Westfield College on 15th September 1976, which charter redesignated the governing body as a Council, and which enjoined that the work of the College be carried on in accordance with Christian principles in a spirit of tolerance, freedom of opinion, mutual concern and community service and that facilities be provided for regular Christian worship in accordance with the doctrines of the Church of England:

(7)

In 1983 and 1984 a substantial part of the Faculty of Science of Westfield College was transferred to Queen Mary College:

(8)

In 1989, by virture of the [1989 c. xiii.] Queen Mary and Westfield College Act 1989, both the said colleges merged and their rights, properties, assets and obligations were transferred to a college which was incorporated by the name of Queen Mary and Westfield College, University of London by a charter granted by Her Majesty on 1st September 1989:

(9)

The governors of The Medical College of St. Bartholomew’s Hospital in the City of London were incorporated by a charter granted by His late Majesty King George the Fifth on 26th July 1921 for the purpose of constituting a Collegiate Corporation with the objects among others of acquiring and taking over property and obligations of the medical officers and lecturers of St. Bartholomew’s Hospital and of the governors of that Hospital in connection with the education of students of medicine and the property held in trust for or in connection with the same purposes and of carrying on the work of the medical school of that Hospital:

(10)

On 30th March 1949 The London Hospital Medical College (which had hitherto been an unincorporated general medical school of the University of London associated with the Teaching Hospital known as The London Hospital) was incorporated by a scheme pursuant to section 15 of the [1946 c. 81.] National Health Service Act 1946 as a body corporate, with the main objects of taking over and carrying on the former Medical College, continuing the work of medical and dental education and research previously carried on by the former Medical College and promoting research connected with or likely to advance the condition of the sciences and arts of medicine and surgery and other connected sciences and arts:

(11)

Both The Medical College of St. Bartholomew’s Hospital in the City of London and The London Hospital Medical College are Colleges of the University of London:

(12)

It is expedient that The Medical College of St. Bartholomew’s Hospital in the City of London and The London Hospital Medical College should be united with Queen Mary and Westfield College, University of London and that their rights, properties, assets and obligations should be transferred to that College with the exception of a freehold property in Charterhouse Square, London, which is to be transferred to The Medical College of St. Bartholomew’s Hospital Trust:

(13)

It is expedient that the other provisions contained in this Act should be enacted:

(14)

And whereas the purposes of this Act cannot be effected without the authority of Parliament:

May it therefore please Your Majesty that it may be enacted, and be it enacted, by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled and by the authority of the same, as follows:—

1 Short title

This Act may be cited as the Queen Mary and Westfield College Act 1995.

2 Interpretation

In this Act, unless the subject or context otherwise requires—

• “the appointed day” means 1st August 1995 or the date on which this Act is passed, whichever is later;

• “the charter” means the charter incorporating the governors of The Medical College of St. Bartholomew’s Hospital in the City of London, granted by His late Majesty King George the Fifth on 26th July 1921;

• “the College” means Queen Mary and Westfield College, University of London;

• “the Council” means the Council of the College;

• “the existing bodies” means The Medical College of St. Bartholomew’s Hospital in the City of London and The London Hospital Medical College, or either of them as the case may be.

3 Dissolution of existing bodies

On the appointed day—

(a) The Medical College of St. Bartholomew’s Hospital in the City of London shall be dissolved and the charter shall be revoked; and

(b) The London Hospital Medical College shall be dissolved and the scheme made pursuant to section 15 of the [1946 c. 81.] National Health Service Act 1946 constituting the governing body of that College, defining the duties and powers of that College and providing for its management and control shall be revoked.

4 Transfer of property, etc

(1) Subject to subsection (2) below, all property, real and personal, of every description (including things in action) and all rights and privileges of the existing bodies which immediately before the appointed day belonged to or were vested in or exercisable by the existing bodies shall on the appointed day, without any conveyance, transfer, assignment or other instrument, be transferred to and vested in, or be exercisable by, the College for all the estate and interest therein of the existing bodies.

(2) Notwithstanding the provisions of subsection (1) above, the freehold property known as “The Medical College of St. Bartholomew’s Hospital, Charterhouse Square, London EC1M 6BQ” and registered at Her Majesty’s Land Registry under Title No. NGL 644815 shall on the appointed day be transferred to The Medical College of St. Bartholomew’s Hospital Trust.

5 Transfer of obligations, etc

All debts and obligations of the existing bodies shall on the appointed day be transferred and attached to the College and shall thereafter be discharged and satisfied by the College.

6 Savings for agreements, deeds, actions, etc

Subject to subsection (2) of section 4 (Transfer of property, etc.) of this Act, all agreements, appointments, awards, contracts, deeds and other instruments, and all actions and proceedings and causes of action, which immediately before the appointed day were existing or pending in favour of, or against, the existing bodies shall on and from the appointed day continue and may be carried into effect, enforced and prosecuted by, or in favour of, or against, the College to the same extent and in like manner as if the College instead of the existing bodies had been party to, or interested in, the same respectively.

7 Construction of bequests, etc., and powers of trustees

(1) Any scheme, will, deed or other instrument, whether made or executed before, on or after the appointed day, which contains any bequest, gift or trust or other benefit in favour of or connected with the existing bodies shall, on and after the appointed day, be read and have effect as if the College were named therein instead of the existing bodies.

(2) Without prejudice to subsection (1) above, any trustees who, immediately before the appointed day, had power, for all or any purposes relating to hospital services (including research) or to any other part of the health service associated with hospitals, to assist, support or otherwise benefit an existing body, shall, on and from that day, have power to assist, support or otherwise benefit the College as if it were a hospital for which those trustees were appointed.

(3) In this section “the health service” and “hospital” have the same meaning as in the [1977 c. 49.] National Health Service Act 1977.

8 Transfer of powers to appoint or nominate

Any power or right of the existing bodies or of any of their officers or employees to appoint or nominate a member of any education authority, or of the governing body of any educational, charitable or other institution, shall on the appointed day be transferred to, and may be exercised by, the College or the officer or employee of the College who in the opinion of the Council most nearly performs the functions formerly performed by the former officer or employee in question.