Part 15Local charities

Parochial charities

300Powers of appointment deriving from pre-1894 powers

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.