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Whereas the Charity known as The Rochester Bridge Trust, originally established by letters patent granted by King Richard II in the twenty-second year of his reign and confirmed by statute passed in the ninth year of the reign of King Henry V, is now regulated by:
(1) the Rochester Bridge Act 1846(1);
(2) the Rochester Bridge Amendment Act 1853(2);
(3) the Rochester Bridge Act 1908(3);
(4) the Rochester Bridge Act 1965(4);
(5) the Medway Tunnel Act 1990(5); and
(6) the Scheme for the regulation of the Charity made by the Charity Commissioners on 1st June 1999;
And whereas the said Scheme of 1st June 1999 provides, inter alia, that every demise or lease made or granted by the Wardens and Assistants of the Charity (“the Court”) shall be made or granted subject to the provisions of section 30 of the Rochester Bridge Act 1846;
And whereas the Court of the Charity has made application to the Charity Commissioners for a Scheme for the administration of the Charity (“the Scheme”);
And whereas it appears to the Charity Commissioners that a Scheme should be established for the purpose of removing any limitation of the Court’s demising or leasing powers but that it is necessary for the Scheme to make provision which goes beyond the powers exercisable by them apart from section 17 of the Charities Act 1993 (“the 1993 Act”);
And whereas in pursuance of section 20 of the 1993 Act public notice of the Charity Commissioners' proposals for the Scheme has been given and no representations have been received by them in respect thereof:
Now, therefore, the Charity Commissioners, in pursuance of section 17(1) of the 1993 Act, hereby settle the following Scheme:
1. The provisions of the Rochester Bridge Act 1846 and the Rochester Bridge Amendment Act 1853 shall cease to have effect.
2. Clause 5(1) of the said Scheme of 1st June 1999 is amended by deleting the words “:Provided that every demise or lease made or granted by the Court shall be made or granted subject to the provisions of section 30 of The Rochester Bridge Act 1846”.
3. 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 determined by the Charity Commissioners upon such application made to them for the purpose as they think sufficient.
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