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.