The Charities (Bridge House Estates) Order 2007

Statutory Instruments

2007 No. 550

charities

The Charities (Bridge House Estates) Order 2007

Made

26th February 2007

Coming into force

12th March 2007

The Charity Commissioners for England and Wales have, in pursuance of section 17(1) of the Charities Act 1993(1), settled the Scheme set out in the Appendix to this Order with a view to its being given effect under that section;

The Scheme does not alter any statutory provision contained in or having effect under any public general Act of Parliament;

A draft of this Order has been laid before Parliament, 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 should not be made;

Accordingly, in pursuance of section 17(2)(3) of the Charities Act 1993, the Minister for the Cabinet Office makes the following Order:—

1.  This Order may be cited as the Charities (Bridge House Estates) Order 2007 and shall come into force on the fourteenth day after the day on which it is made.

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

Edward Miliband

Parliamentary Secretary

Cabinet Office

26 February 2007

APPENDIX SCHEME FOR THE ADMINISTRATION OF THE CHARITY KNOWN AS BRIDGE HOUSE ESTATES

“Appointed Day” means the date that the Scheme is given effect by an Order of the Minister for the Cabinet Office under section 17(2) of the Charities Act 1993.

Whereas the charity known as Bridge House Estates (“the Charity”) is now regulated by Royal Charter dated 24 May 1282; Blackfriars Bridge Act 1863; Blackfriars and Southwark Bridge Act 1867; Corporation of London (Tower Bridge) Act 1885; Corporation of London (Bridges) Act 1911; a supplemental Royal Charter dated 26 November 1957; London Bridge Act 1967; The City of London (Various Powers) Act 1979; The Charities (The Bridge House Estates) Order 1995 (Statutory Instrument 1995 No. 1047); an Order of the Commissioners dated 10 July 1997; an Order of the Commissioners dated 20 July 1998; The Charities (The Bridge House Estates) Order 2001 (Statutory Instrument 2001 No 4017); and a Scheme of the Commissioners dated 26 August 2005;

And whereas the body corporate called the Mayor and Commonalty and Citizens of the City of London is the Trustee of the Charity and has on behalf of the Charity made application to the Charity Commissioners for England and Wales (“the Commissioners”) for a Scheme for the administration thereof;

And whereas the Charity is regulated by The City of London (Various Powers) Act 1963 (“the Act”);

And whereas it appears to the Commissioners that a Scheme should be established for the administration of the Charity but also that it is necessary for the Scheme to alter provisions regulating the Charity;

And whereas in pursuance of section 20 of the Charities Act 1993 public notice of the Commissioners’ proposals for this Scheme has been given and no representations have been received in respect thereof;

Now, therefore, the Commissioners in pursuance of section 17(1) of the Charities Act 1993 hereby settle the following Scheme:

SCHEME

1.  Administration of Charity. With effect from the Appointed Day the Charity and the property thereof shall be administered and managed upon the subsisting trusts thereof, as varied or affected by the provisions of this Scheme, by the body corporate called the Mayor and Commonalty and Citizens of the City of London.

2.  Amendment to The City of London (Various Powers) Act 1963. The Act be amended by adding after section 32(3);

• 32(3A) After such consultation as is required under section 32(3), the Corporation shall have power to divert or stop up and demolish the elevated footway for the purpose of development to be carried out in accordance with planning permission granted under Part III of the Town and Country Planning Act 1990.

3.  Questions under the Scheme. 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 Commissioners upon such application made to them for the purpose as they think sufficient.

Sealed by Order of the Commissioners this day of Monday 26 February 2007

EXPLANATORY NOTE

(This note is not part of the Order)

This Order gives effect to a Scheme of the Charity Commissioners for the charity known as Bridge House Estates, which is regulated by Royal Charter dated 24 May 1282 (and a supplemental Royal Charter dated 26 November 1957), together with a number of statutes, including The City of London (Various Powers) Act 1963.

The purpose of the Scheme, which is set out in the Appendix to the Order, is to give the trustee of Bridge House Estates the power to divert or stop up and demolish an elevated footway which forms part of the land owned by the charity, subject to obtaining planning permission in accordance with Part III of the Town and Country Planning Act 1990. Section 32(3) of the City of London (Various Powers) Act 1963 gives the trustee of the charity the power to close all public entrances to the elevated footway at such times and for such purposes as they think fit subject to prior consultation. The Scheme amends the City of London (Various Powers) Act 1963 by adding a power for the trustees to permanently divert or close and demolish the elevated footway in accordance with planning permission.

(1)

1993 c.10.

(2)

1946 c.36.

(3)

Section 17(2) was amended by S.I. 2006/2951