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Charities Act 2011

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300Powers of appointment deriving from pre-1894 powersE+W

(1)Subsection (2) applies where, under the trusts of a charity other than an ecclesiastical charity—

(a)the inhabitants of a rural parish (whether in vestry or not), or

(b)a select vestry,

were formerly (in 1894) entitled to appoint charity trustees for, or trustees or beneficiaries of, the charity.

(2)The appointment is to be made—

(a)in a parish having a parish council or (in Wales) a community having a community council, by the parish or community council, or in the case of beneficiaries, by persons appointed by the parish or community council;

(b)in a parish not having a parish council or (in Wales) a community not having a community council, by the parish meeting or by the county council or (as the case may be) county borough council.

(3)Subsection (4) applies where—

(a)overseers as such, or

(b)except in the case of an ecclesiastical charity, churchwardens as such,

were formerly (in 1894) charity trustees of or trustees for a parochial charity in a rural parish, either alone or jointly with other persons.

(4)Instead of the former overseer or church warden trustees there are to be trustees (to a number not greater than that of the former overseer or churchwarden trustees) appointed—

(a)by the parish council or, if there is no parish council, by the parish meeting, or

(b)by the community council or, if there is no community council, by the county council or (as the case may be) county borough council.

(5)In this section “formerly (in 1894)” relates to the period immediately before the passing of the Local Government Act 1894 and “former” is to be read accordingly.

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