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Charities Act 1960

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This is the original version (as it was originally enacted).

37Parochial charities

(1)Where trustees hold any property for the purposes of a public recreation ground, or of allotments (whether under inclosure Acts or otherwise), for the benefit of inhabitants of a rural parish having a parish council, or for other charitable purposes connected with such a rural parish, except for an ecclesiastical charity, they may with the approval of the Commissioners and with the consent of the parish council transfer the property to the parish council or to persons appointed by the parish council; and the council or their appointees shall hold the property on the same trusts and subject to the same conditions as the trustees did. This subsection shall apply to property held for any public purposes as it applies to property held for charitable purposes, and shall apply in relation to a borough included in a rural district as if the borough were a rural parish.

(2)Where the charity trustees of a parochial charity in a rural parish, not being an ecclesiastical charity nor a charity founded within the preceding forty years, do not include persons elected by the local government electors, ratepayers or inhabitants of the parish or appointed by the parish council or parish meeting, the parish council or parish meeting may appoint additional charity trustees, to such number as the Commissioners may allow; and if there is a sole charity trustee not elected or appointed as aforesaid of any such charity, the number of the charity trustees may, with the approval of the Commissioners, be increased to three of whom one may be nominated by the person holding the office of the sole trustee and one by the parish council or parish meeting. This subsection shall apply in relation to a borough included in a rural district as if it were a rural parish (but with the omission of references to the parish meeting).

(3)Where, under the trusts of a charity other than an ecclesiastical charity, the inhabitants of a rural parish (whether in vestry or not) or a select vestry were formerly (in 1894) entitled to appoint charity trustees for, or trustees or beneficiaries of, the charity, then—

(a)in a parish having a parish council, the appointment shall be made by the parish council or, in the case of beneficiaries, by persons appointed by the parish council; and

(b)in a parish not having a parish council, the appointment shall be made by the parish meeting.

(4)Where overseers as such or, 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, then instead of the former overseer or churchwarden trustees there shall be trustees (to a number not greater than that of the former overseer or churchwarden trustees) appointed by the parish council or, if there is no parish council, by the parish meeting.

(5)Where, outside the county of London, overseers of a parish as such were formerly (in 1927) charity trustees of or trustees for any charity, either alone or jointly with other persons, then instead of the former overseer trustees there shall be trustees (to a number not greater than that of the former overseer trustees) appointed—

(a)where the parish is a rural parish, by the parish council or, if there is no parish council, by the parish meeting; and

(b)where the parish is an urban parish, but is comprised in a borough included in a rural district, by the borough council; and

(c)where the parish is an urban parish not so comprised, by the rating authority;

but, if in the case of an urban parish the area of the council making the appointment comprises other parishes also and is divided into wards for the election of councillors, the appointment shall be made on the nomination of the councillors for the ward or wards comprising the parish.

(6)Any appointment of a charity trustee or trustee for a charity which is made by virtue of this section shall be for a term of four years, but a retiring trustee shall be eligible for re-appointment:

Provided that—

(a)on an appointment under subsection (2), where no previous appointments have been made by virtue of that subsection or of the corresponding provision of the Local Government Act, 1894, and more than one trustee is appointed, half of those appointed (or as nearly as may be) shall be appointed for a term of two years; and

(b)an appointment made to fill a casual vacancy shall be for the remainder of the term of the previous appointment.

(7)This section shall not affect the trusteeship, control or management of any voluntary school within the meaning of the Education Act, 1944.

(8)The provisions of this section shall not extend to the Isles of Scilly, and shall have effect subject to any order (including any future order) made under any enactment relating to local government with respect to local government areas or the powers of local authorities.

(9)In this section the expression " formerly (in 1894) " relates to the period immediately before the passing of the Local Government Act, 1894, and the expression " formerly (in 1927) " to the period immediately before the first day of April, nineteen hundred and twenty-seven; and the word " former " shall be construed accordingly.

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