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Statutory Instruments

1991 No. 1141

CHARITIES

The Charities (John Lyon Road Trust) Order 1991

Made

8th May 1991

Coming into force

22nd May 1991

Whereas the Charity Commissioners for England and Wales have, inpursuance of subsection (1) of section 19 of the Charities Act 1960(1) settled the Scheme set out in the Appendix to this Order with a view to its being given effect under that section:

And Whereas the said Scheme does not alter any statutory provision contained in or having effect under any public general Act of Parliament:

And Whereas a draft of this Order has been laid before Parliament and the period of forty days mentioned in section 6(1) of the Statutory Instruments Act 1946 (2) has expired, and neither House of Parliament has within that period resolved that the Order be not made:

Now, therefore, in pursuance of section 19(2) of the Charities Act 1960, I hereby make the following Order:—

1.  This Order may be cited as the Charities (John Lyon Road Trust)Order 1991 and shall come into force on the fourteenth day after the dayon which it is made.

2.  The Scheme set out in the Appendix to this Order shall have effect.

Home Office

Kenneth Baker

One of Her Majesty’s Principal Secretaries of State

8th May 1991

APPENDIXFOR THE ADMINISTRATION OF THE CHARITIES TOGETHER KNOWN AS THEJOHN LYON ROAD TRUST

Whereas the following Charities, established in pursuance of aCharter granted by Her Majesty Queen Elizabeth the First on the 19thFebruary 1572 and together known as the John Lyon Road Trust,namely:—

(a)the Charity of John Lyon for the Edgware Road founded by conveyancedated the 6th July 1578; and

(b)the Charity of John Lyon for the Harrow Road founded by conveyancedated the 19th December 1582,

And Whereas the body corporate called the Keepers and Governorsof the Possessions, Revenues and Goods of the Free Grammar School ofJohn Lyon, within the Town of Harrow- upon-the-Hill in the County ofMiddlesex and incorporated by that Charter granted on the 19th February1572, is the Trustee of the Charities and has on behalf of the Charitiesmade application to the Charity Commissioners for England and Wales fora Scheme for the administration of the Charities:

And Whereas it appears to the Commissioners that a Scheme should be established for the administration of the Charities but also that it is necessary for the Scheme to alter the provision made by those Acts:

And Whereas in pursuance of section 21 of the Charities Act 1960 public notice of the Commissioners' proposals for the Scheme has been given and theCommissioners have considered all the representations made to them andhave decided to proceed with the proposals with certain modifications:

Now, therefore, the Charity Commissioners for England and Wales, inpursuance of section 19(1) of the Charities Act 1960, hereby settle thefollowing Scheme:—

SCHEME

Administration of Charities.

1.—(1) The following Charities togetherknown as the John Lyon Road Trust, namely:—

(a)the Charity of John Lyon for the Edgware Road; and

(b)the Charity of John Lyon for the Harrow Road,

and the property of those Charities shall be administered andmanaged subject to and in accordance with the provisions of this Scheme;and, subject to clause 4 below, the provisions now regulating theCharities shall cease to have effect.

(2) The body corporate called the Keepers and Governors of thePossessions, Revenues and Goods of the Free Grammar School of John Lyon,within the Town of Harrow-upon-the-Hill in the County of Middlesex, (inthis Scheme referred to as“the Trustee”) shall continue to be the Trustee of the Charities.

(3) The Charities shall be administered together as one Charity underthe name of John Lyon’s Charity (and are in this Scheme referred to as“the Charity”).

(4) The Trustee may delegate to a committee consisting of any two ormore of its members—

(a)any of the Trustee’s functions relating to the administration ofthe Charity; and

(b)the application of the Charity’s income in cases of emergency:

Provided that any such committee shall as soon as reasonably possiblereport to a full meeting of the Trustee anything done by the committee.

OBJECT

Object.

2.—(1) The object of the Charity shall be to further all orany of the following purposes:—

(a)the relief of the aged, disabled or poor inhabitants of the LondonBoroughs of Barnet, Brent, Camden, Ealing, Hammersmith and Fulham,Harrow and the Royal Borough of Kensington and Chelsea and the Cities ofLondon and Westminister (the inhabitants of those areas being referredto in this clause as“the inhabitants”);

(b)the relief of distress and sickness among the inhabitants;

(c)the provision and support (with the object of improving theconditions of life for the inhabitants in the interests of socialwelfare) of facilities for recreation and other leisure timeoccupation;

(d)the provision and support of educational facilities for theinhabitants; and

(e)any other charitable purposes for the benefit of the inhabitants:

Provided that the said purposes shall not include the direct relief ofrates, taxes or other public funds.

(2) In furtherance of the said object the Trustee may purchase, take onlease, exchange or otherwise acquire any land for use for the purposesof the Charity or may appropriate any land belonging to the Charity foruse for the said purposes.

APPLICATION OF INCOME

Expenses of management.

3.  The Trustee shall first defray out ofthe income of the Charity the cost of maintaining the property of theCharity (including the repair and insurance of buildings) and all othercharges and outgoings payable in respect of that property and all theproper costs, charges and expenses of and incidental to theadministration of the Charity and management of its property.

Accumulating account.

4.  Subject to any further Order of the CharityCommissioners, the Order of the Commissioners of the 28th March 1983(relating to the accumulation of income of the Charity in a separateaccount so as to provide against loss in respect of capital endowment)shall continue to have effect.

Application of income.

5.—(1) Subject to clauses 3 and 4 above and to the provisions of this clause, the Trustee shall apply the yearly income of the Charity in furtherance of the object of the Charity.

(2) The application of the yearly income in furtherance of the objectof the Charity shall be in accordance with rules made by the Trustee andapproved by the Commissioners from time to time.

(3) The rules made under sub-clause (2) above for the application ofthe yearly income shall include provision for:—

(a)the local authority of each of the areas specified in clause2(1)(a) above to be consulted by the Trustee about the application ofincome within the area of such authority; and

(b)the extent to which the Trustee may give priority to the needs ofthe inhabitants of any of the said areas.

INVESTMENT

Free Fund and Restricted Fund.

6.—(1) The Trustee shall divide intotwo funds, to be known respectively as the Free Fund and the RestrictedFund, the property of the Charity other than land and other than the sumof £1,525,000 in cash (that sum being referred to in this andthe next following clause as“the specified sum”) so as to secure that the value of the property allocated to theFree Fund is equal to twice the value of the property allocated to theRestricted Fund.

(2) When the division required by sub-clause (1) above has beenmade—

(a)property representing, or constituting a capital accretion to,property included in one of the funds shall be included in that fund;

(b)subject to paragraph (a) above, any property of the Charity (otherthan land and other than the specified sum) which is not included ineither fund and is to be invested shall be divided between and added tothose funds so as to secure that the value of the property added to theFree Fund is equal to twice the value of the property added to theRestricted Fund.

Investment in land.

7.—(1) Any land which—

(a)when this Scheme takes effect, belongs to the Charity; or

(b)thereafter belongs to the Charity and is not included in the Free Fund,

may be retained as an investment.

(2) The specified sum shall be invested in freehold land in England orWales or leasehold land there having at the time of making theinvestment at least sixty years of the term unexpired.

(3) Where any land—

(a)which is retained in pursuance of sub-clause (1) above; or

(b)which is acquired in pursuance of sub-clause (2) above or in whichproceeds of sale of other land are invested in pursuance of thissub-clause,

is sold, the proceeds of sale may (notwithstanding clause 6(2)(b)above) be re-invested in freehold land in England or Wales or leaseholdland there having at the time of making the investment at least sixtyyears of the term unexpired, or (subject to obtaining the approval ofthe Charity Commissioners and to any conditions of that approval)applied in effecting improvements to any land or buildings of theCharity; but insofar as not so re-invested or applied, the proceeds ofsale shall be divided between and added to the Free and Restricted Fundsso as to secure that the amount added to the Free Fund is equal to twicethe amount added to the Restricted Fund.

(4) Before re-investing any proceeds of sale in freehold or leaseholdland in accordance with the provisions of sub-clause (3) above theTrustee shall obtain and consider appropriate professional advice as towhether such acquisition represents a satisfactory investment for theCharity.

(5) The specified sum and any proceeds of sale referred to insub-clause (3) above may be temporarily invested in any investmentswhich are for the time being narrower-range investments within themeaning of the Trustee Investments Act 1961(8) pending investment in land under sub-clause (2) or (3) above.

Investment of Restricted Fund.

8.  Property included in the Restricted Fundshall be invested only in investments which are for the time beingnarrower-range investments within the meaning of the Trustee InvestmentsAct 1961.

Investment of Free Fund.

9.—(1) Property included in the FreeFund shall (subject to sub-clause (6) below) be invested only ininvestments described in one or more of the paragraphs of sub-clause (2)below.

(2) The investments referred to in sub-clause (1) above are asfollows:—

(a)any investments which are for the time being narrower-range orwider-range investments within the meaning of the Trustee InvestmentsAct 1961 or which are for the time being otherwise authorised by law forthe investment of trust property;

(b)freehold land in England and Wales, or leasehold land there havingat the time of making the investment at least sixty years of the termunexpired;

(c)any securities of the government of any of the specifiedcountries;

(d)the debentures or debenture stock or preference or preferred orordinary or deferred stock or shares or unsecured loans or othermarketable securities of any company incorporated in any of thespecified countries and listed or regularly dealt in on a recognisedStock Exchange in any of the specified countries subject nevertheless tothe following provisions of this clause.

(3) In sub-clause (2) above,“specified countries” means—

(a)the United Kingdom, the United States of America, Australia,Canada, Hong Kong, Japan, Malaysia, New Zealand, Norway, Singpore,Sweden, Switzerland and any country which is for the time being a memberof the European Economic Community; and

(b)any state or province (however named) of a country mentioned inparagraph (a) above.

(4) Sub-clause (2)(d) above does not include any stock, shares or othersecurities of a company (other than a company incorporated in the UnitedKingdom carrying on banking or insurance business in the United Kingdom)which, by reason of not being fully paid up or otherwise, carries orcarry a liability to contribute by way of calls either in the event ofthe company being wound up or otherwise, not being a liability to payone or more of the instalments of capital where the terms of issue ofnewly-issued securities provide for payment of capital by instalmentsall of which are to be paid not later than three years from the date ofissue.

(5) Sub-clause (2)(d) above does not include any stock, shares or othersecurities of a company unless at the time of making the investment thepaid up capital of the company is at least £750,000 (or itsequivalent at the then current rate of exchange); and for the purposesof this sub-clause, the paid up capital of the company shall be deemedto include the capital sum (other than capital surplus) appearing in thecompany’s published accounts in respect of any stock or shares having nopar value.

(6) Property included in the Free Fund may, subject to obtaining theapproval of the Charity Commissioners and to any conditions of thatapproval, be applied in effecting improvements to any land or buildingsof the Charity.

Investment Adviser.

10.—(1) The Trustee shall engage an investment expert, being

(i)a company or firm which is either an authorised person or anexempted person within the meaning of the Financial Services Act 1986(9) or

(ii)an individual who is an authorised person within the meaningof that Act and who has at least 15 years' experience in the City ofLondon of investment or financial management.

(2) In the following provisions of this Scheme,“Investment Adviser” means the expert engaged in pursuance of sub-clause (1) above.

(3) The Trustee shall require the Investment Adviser to comply with thefollowing provisions:—

(a)the Adviser shall keep the investments of the Charity under reviewat all times; and

(b)the Adviser shall inform the Trustee promptly of any change inthose investments which appears to the Adviser to be desirable (but ifso instructed shall instead inform an Investment Committee constitutedfor the purposes of clause 12 below).

(4) No investment other than—

(a)an investment which is for the time being a narrower-rangeinvestment within the meaning of the Trustee Investments Act 1961; or

(b)an investment in land,

shall be made except on the advice of the Investment Adviser.

Delegation to Investment Adviser.

11.—(1) Without prejudice to any other ofits powers, the Trustee may (subject to the provisions of this Scheme)delegate to the Investment Adviser, for such period and upon such otherterms as the Trustee thinks fit, power at the discretion of theInvestment Adviser to buy and sell investments on behalf of theTrustee.

(2) Where the Trustee makes a delegation under sub-clause (1) above, itshall at that time and from time to time thereafter give to theInvestment Adviser clear instructions as to investment policy.

(3) The Trustee shall secure that any delegation under sub-clause (1)above is for the time being subject to the followingprovisions:—

(a)no power included in the delegation shall exceed or in any wayinfringe the powers of investment of the Trustee;

(b)no power included in the delegation shall be exercisable except inaccordance with instructions as to investment policy given in advanceunder sub-clause (2) above;

(c)the Trustee may, with or without notice, revoke the delegation oralter any of its terms notwithstanding that the period of the delegationhas not expired (but without prejudice to the validity of anything donebefore such a revocation or alteration);

(d)the Investment Adviser shall, as soon as reasonably possible aftereach purchase or sale in exercise of a power included in the delegation,report that purchase or sale to the Trustee (but if so instructed shallinstead report to an Investment Committee constituted for the purposesof clause 12 below).

(4) The Trustee shall review every delegation under sub-clause (1)above at such intervals (not exceeding, in the absence of specialreasons, 24 months from the last preceding review under this sub-clause)as the Trustee thinks fit.

(5) The members of the Trustee shall be liable for the acts anddefaults of the Investment Adviser in exercise of any power delegatedunder sub-clause (1) above to the same extent and in the same manner asif they were the acts and defaults of the Trustee.

Investment Committee.

12.  The Trustee may delegate any of its functions relating toinvestment to an Investment Committee consisting of any two or more ofits own members on such terms as it thinks fit: Provided that thoseterms shall include a requirement that the Investment Committee reportas soon as reasonably possible to a full meeting of the Trustee anythingdone by or in relation to that Committee.

MANAGEMENT OF PROPERTY

Sale.

13.  Subject to the authority of a further Order or Orders ofthe Commissioners the Trustee may at any time sell the whole or any partof any such land appropriated for use for the purposes of the Charity inaccordance with clause 2(2) above.

Proceeds of sale.

14.  Unless the Commissioners otherwise direct the clear proceeds of any sale as aforesaid shall be invested in trust for the Charity.

Management and letting of land.

15.—(1) The Trustee shall let and otherwise manage all land belonging to the Charity and not required to be retained or occupied for the purposes of the Charity subject to such consents as are required by law.

(2) The Trustee shall secure, where it grants any lease—

(a)that the lessee executes a counterpart of the lease; and

(b)that the lease contains covenants on the part of the lessee for thepayment of rent and all other usual and proper covenants applicable tothe property comprised in the lease, and a proviso for re-entry onnon-payment of the rent or non-performance of the covenants.

Repair and insurance.

16.—(1) The Trustee shall keep in repair and insure to their full value against fire and other usual risks all the buildings of theCharity not required to be kept in repair and insured by lessees ofthose buildings.

(2) The Trustee shall effect suitable insurance against publicliability and employer’s liability.

GENERAL PROVISIONS

Holding of investments.

17.—(1) Without prejudice to any other ofits powers, the Trustee may if it thinks fit appoint any corporation orcorporations as nominees of the Trustee to hold the whole or such partas the Trustee may determine of any investments for the time beingbelonging to the Charity.

(2) The Official Custodian for Charities shall, upon being directed todo so by the Trustee, transfer all investments and cash held by him intrust for the Charity into the name of such nominee appointed asaforesaid and thereupon the said Official Custodian shall be dischargedfrom his trusteeship as respects the said investments and cash.

Employment and remuneration of Clerk and other officers and servants.

18.—(1) The Trustee may employ a Clerk and such other officers and servantsas it thinks necessary or expedient for the proper administration andmanagement of the Charity and its property upon such reasonable terms asto remuneration and notice (within the limits permitted by law) andotherwise as the Trustee thinks fit.

(2) The Trustee may pay reasonable remuneration to the InvestmentAdviser for services rendered to the Charity under the provisions ofthis Scheme and to any corporation as nominee of the Trustee underclause 17(1) above.

(3) Any costs, charges or expenses incurred under the precedingprovisions of this clause shall be defrayed out of the income of theCharity in accordance with clause 3 above.

(4) Notwithstanding the preceding provisions of this clause, no personbeing a member of the Trustee shall receive any remuneration or otherbenefit at the cost of the Charity.

Questions of construction.

19.  Any question as to the construction of this Scheme or as to the regularity or the validity of any acts done or about to be done under this Scheme may be referred to the Charity Commissioners for their opinion or advice.

Sealed by Order of the Commissioners this 28th day of February 1991.

L.S.

Explanatory Note

(This note is not part of the Order)

This Order gives effect to a Scheme of the Charity Commissioners fortwo Charities known together as the John Lyon Road Trust. The Charitiesderive from a Royal Charter of 1572 and two conveyances of land of 1578and 1582. The Royal Charter established a body corporate, and in theconveyances John Lyon made provision for that body to hold certain landon trust to apply the income for the repair of specified roads inLondon. The repair of those roads is now adequately provided for byother means.

The Scheme continues the same body corporate as Trustee but providesfor the income of the Charities to be applied for the benefit of theinhabitants of certain parts of London in the ways specified in clause 2of the Scheme. The Scheme also widens the Trustee’s investment powersand contains other administrative and general provisions.

(3)

1803 c. 104 (Local and Personal).

(4)

1819 c. 21 (Private).

(5)

1827 c. 31 (Private).

(6)

1839 c. 21 (Private).