National Trust (Northern Ireland) Act 2007

2007 CHAPTER iii

An Act to make provisions as to the National Trust for Places of Historic Interest or Natural Beauty in relation to Northern Ireland.

[26th July 2007]

WHEREAS—

(1)

The National Trust for Places of Historic Interest or Natural Beauty (“the National Trust”) was incorporated by the National Trust Act 1907 (c. cxxxvi):

(2)

In accordance with the said Act of 1907 the National Trust was established for the general purposes of promoting the permanent preservation for the benefit of the nation of lands and tenements, including buildings, of beauty or historic interest, and as regards lands for the preservation, so far as practicable, of their natural aspect, features and animal and plant life:

(3)

The purposes of the National Trust were extended and further powers were conferred on the National Trust by various enactments having effect in England and Wales and in Northern Ireland:

(4)

By a scheme given effect by the Charities (National Trust) Order 2005 (S.I. 2005/712) the functions of the Council of the National Trust were transferred to a body constituted by the scheme called the Board of Trustees and having the functions of trustees of the National Trust:

(5)

It is expedient that provisions should be made as to the exercise by the said Board of Trustees in relation to Northern Ireland of functions originally conferred on the Council of the National Trust:

(6)

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

(7)

The objects of this Act cannot be attained 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 Citation

(1) This Act may be cited as the National Trust (Northern Ireland) Act 2007.

(2) The National Trust Act 1907 (c. cxxxvi) and the National Trust Charity Scheme Confirmation Act 1919 (c. lxxxiv) (so far as they are applicable in Northern Ireland), the National Trust Act (Northern Ireland) 1946 (c. i)(NI) and the National Trust Act 1953 (c. vii) (so far as it is applicable in Northern Ireland) may be cited together as the National Trust (Northern Ireland) Acts 1907 to 1953.

(3) The National Trust (Northern Ireland) Acts 1907 to 1953 and this Act may be cited together as the National Trust (Northern Ireland) Acts 1907 to 2007.

2 Interpretation

In this Act, unless the context otherwise requires, the following expressions have the following meanings—

• “the interim period” means the period commencing on the new constitution date and terminating on the date of the passing of this Act;

• “the National Trust” means the National Trust for Places of Historic Interest or Natural Beauty;

• “the National Trust Acts” means—

  (a)

  the National Trust Acts 1907 to 1971; and

  (b)

  the National Trust (Northern Ireland) Acts 1907 to 1953;

• “the new constitution date” means 1st September 2005 (being the new constitution date as determined in accordance with the scheme);

• “the new council” means the council of the National Trust as constituted in accordance with the scheme;

• “the old council” means the council of the National Trust as formerly constituted in accordance with the National Trust Acts (which ceased to exist in accordance with the scheme on the new constitution date);

• “the scheme” means the scheme given effect by the Charities (National Trust) Order 2005 (S.I. 2005/712); and

• “the trustees” means the Board of Trustees as established by the scheme, or any other body for the time being exercising the functions of trustees of the National Trust.

3 Interpretation

(1) All powers and duties conferred on the old council by any provision of the National Trust Acts for the time being in force are in relation to Northern Ireland powers and duties of the trustees and not of the new council.

(2) Subsection (1) shall be deemed to have been in force throughout the interim period.

4 Occupation of Trust property

In section 5 (occupation of Trust property by member) of the National Trust Act (Northern Ireland) 1946 (c. i (NI)), the words “(not being a member of the Council or of any Committee of the Council)” are hereby repealed.

5 Extent of Act

This Act shall extend to Northern Ireland.

6 Costs of Act

The costs, charges and expenses of and incidental to the preparation of, the applying for and the obtaining and passing of this Act or otherwise in relation thereto shall be paid by the National Trust and may in whole or in part be defrayed out of income.