The Charities (Cheadle Royal Hospital, Manchester) Order 2002
Draft 2002, ISBN 0110399137
Draft Order laid before Parliament under section 17(2) of the Charities Act 1993, on 17th April 2002 draft to lie for forty days, pursuant to section 6(1) of the Statutory Instruments Act 1946, during which period either House of Parliament may resolve that the Order be not made.
CHARITIES
Made 2002
Coming into force 2002
Whereas the Charity Commissioners for England and Wales have, in pursuance of section 17(1) of the Charities Act 1993f1, 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 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, the period of forty days mentioned in section 6(1) of the Statutory Instruments Act 1946f2 has expired and neither House of Parliament has within that period resolved that the Order not be made:
Now, therefore, in pursuance of section 17(2) of the Charities Act 1993, the Secretary of State hereby makes the following Order:—
Annotations to the whole text
Footnotes
- f1
- f2
Contents
- 1Article 1
- 2Article 2
- Signature
- Schedule APPENDIXSCHEME FOR THE ADMINISTRATION OF THE CHARITY KNOWN AS THE CHEADLE ROYAL HOSPITAL SITUATE AT CHEADLE
- Part: SCHEME
- 1Administration of Charity
- 2Investment of cash
- Part: OBJECTS
- 3Objects
- Part: VARIATION OF SECTION II OF 1842 ACT
- 4Variation
- Part: TRUSTEES
- 5Trustees
- Part: NOMINATED TRUSTEE
- 6Nominated Trustee
- 7Co-opted Trustees
- 8New Trustees
- 9Register of Trustees
- 10Trustees not to have a personal interest
- 11Termination of trusteeship
- Part: OFFICERS
- 12Chairman
- 13Secretary
- Part: MEETINGS OF TRUSTEES
- 14Ordinary meetings
- 15Special meetings
- 16Quorum
- 17Voting
- 18Recordings of meetings
- 19Trustees to act jointly
- Part: CHARITY PROPERTY
- 20Application of income
- 21Holding of investments
- 22Charity not to relieve public funds
- 23Questions relating to the Scheme
- Schedule THE
- First Nominated Trustee
- First Co-opted Trustees
- Explanatory note
1
This Order may be cited as the Charities (Cheadle Royal Hospital, Manchester) Order 2002 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.
Signature
Parliamentary Under-Secretary of State
Home Office
2002
Schedule APPENDIXSCHEME FOR THE ADMINISTRATION OF THE CHARITY KNOWN AS THE CHEADLE ROYAL HOSPITAL SITUATE AT CHEADLE
Whereas the Charity known as the Cheadle Royal Hospital (“the Charity”) situated at Cheadle in the Metropolitan Borough of Stockport is now regulated by:
The private Act 5 Victoria session 2.cap.i (“the 1842 Act”);
The Manchester Royal Infirmary Act 1933; and
The Manchester Royal Infirmary (Cheadle Royal Hospital) Order 1949:
And whereas the Cheadle Royal Hospital had to be closed and the site sold, such that it is now necessary to provide for the future application of the proceeds of sale:
And whereas the Trustees of the Charity have made application to the Charity Commissioners for England and Wales (“the Commissioners”) for a Scheme for the administration of the Charity (“the Scheme”):
And whereas it appears to the Commissioners that a Scheme should be established for the administration of the Charity, 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 Commissioners' proposals for the 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 1993 Act, hereby settle the following Scheme:
1Administration of Charity
The provisions of the above-mentioned Acts and the above-mentioned Order shall cease to have effect with the exception of section II of the 1842 Act.
With effect from the date that the Scheme is given effect by an Order of the Secretary of State under section 17(2) of the Charities Act 1993, the Charity and the property thereof shall be administered and managed in accordance with the provisions of section II of the 1842 Act and the Scheme by the body of Trustees hereinafter constituted.
The name of the Charity shall be the Cheadle Royal Hospital Charitable Trust.
2Investment of cash
All sums of cash now or at any time belonging to the Charity, other than income needed for immediate working purposes, shall be invested in trust for the Charity.
3Objects
The objects of the Charity are:
to relieve persons who are sick, convalescent, disabled, handicapped or infirm and in particular, but not exclusively, such persons who are suffering mental illness in any of its forms.
to promote or assist in the promotion of research into the alleviation or cure of mental illness in any of its forms.
4Variation
Section II of the 1842 Act shall henceforth take effect as if—
for the words from “President, Treasurers”, to the second instance there appearing of “Lunatic Hospital or Asylum”, there were substituted the words “Chairman, Secretary and Trustees for the time being of the Charity shall be incorporated by the name of “The Chairman, Secretary and Trustees of the Charity called The Cheadle Royal Hospital Charitable Trust”.”
for the words “Manchester Infirmary, Dispensary, and Lunatic Hospital or Asylum, or either of them”, there were substituted the word “Charity”.
5Trustees
The body of Trustees when complete shall consist of six persons being:
-
One Nominated Trustee, and
-
Five Co-opted Trustees.
The first Nominated and Co-opted Trustees are the persons listed in the Schedule to the Scheme and subject to Clause 11 (Termination of Trusteeship) they will hold office for the periods shown in the Schedule.
6Nominated Trustee
The Nominated Trustee shall be appointed by the President for the time being of the Royal College of Psychiatrists.
Subject as before mentioned with regard to the first Nominated Trustee, each appointment must be made at a meeting held according to the ordinary practice of the appointing body concerned.
Each appointment must be made for four years except that if the appointment is being made to fill a casual vacancy, the appointment shall be for the unexpired term of the appointee’s predecessor.
The appointment will be effective from the later of:—
the date of the vacancy; and
the date on which the Trustees or their secretary are informed of the appointment.
The person appointed need not be a member of the appointing body concerned.
7Co-opted Trustees
Except as regards the before mentioned first Co-opted Trustees, each appointment of a Co-opted Trustee must be made by the Trustees at a special meeting called under Clause 15.
An appointment may, but need not, be made before the date on which the term of office of an existing Co-opted Trustee comes to an end, to take effect on that date. In these circumstances—
the appointment may not be made more than three months before the date on which the existing Co-opted Trustee’s term of office is due to end; and
any Co-opted Trustee whose term of office is about to come to an end must not vote in favour of their own reappointment.
Except as regards the before mentioned first Co-opted Trustees, each appointment must be for a term of five years except that if the appointment is being made to fill a casual vacancy, the appointment shall be for the unexpired term of the appointee’s predecessor.
8New Trustees
The Trustees must give each new Trustee, on their first appointment—
a copy of the Scheme and any amendments made to it; and
a copy of the Charity’s latest report and statement of accounts.
9Register of Trustees
The Trustees must keep a register of the name and address of every Trustee and the dates on which their terms of office begin and end. Every Trustee must sign the register before acting as a Trustee, whether on their first appointment or on any later reappointment.
The Trustees must promptly report any vacancy in the office of Nominated Trustee to the body entitled to appoint the Trustee.
10Trustees not to have a personal interest
Except with the prior written approval of the Commissioners no Trustee may:
receive any benefit in money or in kind from the Charity; or
have a financial interest in the supply of goods or services to the Charity; or
acquire or hold any interest in property of the Charity (except in order to hold it as a Trustee of the Charity).
11Termination of trusteeship
A Trustee will cease to be a Trustee if he or she:
is disqualified from acting as a Trustee by section 72 of the Charities Act 1993; or
is absent without the permission of the Trustees from all their meetings held within a period of one year and the Trustees resolve that his or her office be vacated; or
gives not less than one month’s notice in writing of his or her intention to resign (but only if at least three Trustees remain in office when the notice of resignation is to take effect).
12Chairman
At their first ordinary meeting in each year the Trustees must elect one of their number to be chairman of their meetings.
The Trustees present at a meeting must elect one of their number to chair the meeting if the chairman is not present or the office of chairman is vacant.
13Secretary
The Trustees may appoint a secretary. The office may be held by—
a Trustee (who must not receive any reward for acting and who may be dismissed as secretary at any time); or
some other suitable person (who may be employed upon such reasonable terms, including terms as to notice, as the Trustees think fit).
14Ordinary meetings
The first meeting after the Scheme comes into effect shall be called by Jeremy Wilkinson or, if he does not do so within three months from that date, by any two Trustees.
The Trustees must hold at least two ordinary meetings in each twelve month period.
Ordinary meetings require at least ten days' notice.
The chairman, or any two Trustees may call an ordinary meeting at any time.
15Special meetings
The chairman, or any two Trustees, may call a special meeting at any time.
Special meetings require at least four days' notice, except that meetings to consider the appointment of a Co-opted Trustee require at least 21 days' notice.
The notice calling a special meeting must include details of the business to be transacted at the meeting.
A special meeting may, but need not, be held immediately before or after an ordinary meeting.
16Quorum
No business may be transacted at a meeting unless at least three Trustees are present.
17Voting
Every matter must be decided by majority decision of the Trustees present and voting at a duly convened meeting of the Trustees.
The chairman of the meeting may cast a second or casting vote only if there is a tied vote.
18Recordings of meetings
The Trustees must keep a proper record of their meetings.
19Trustees to act jointly
The Trustees must exercise their powers jointly, at properly convened meetings.
20Application of income
The Trustees shall apply the income of the Charity in meeting the proper costs of administering the Charity and of managing its property (including the repair and insurance of its buildings).
After payment of these costs, the Trustees shall apply the remaining income in furthering the objects of the Charity.
21Holding of investments
The Trustees may—
make such arrangements as they think fit for any investments of the Charity or income from those investments to be held by a corporate body as Custodian Trustee or as the Trustees' nominee; and
pay reasonable and proper remuneration to any corporate body acting as Custodian Trustee or the Trustees' nominee in pursuance of this clause.
22Charity not to relieve public funds
The Trustees shall not apply income of the Charity directly in relief of rates, taxes or other public funds but may apply income in supplementing relief or assistance provided out of public funds.
23Questions relating to the Scheme
Any question as to the construction of the Scheme or as to the regularity or the validity of any acts done or about to be done under the Scheme may be determined by the Commissioners upon such application made to them for the purpose as they think sufficient.
First Nominated Trustee
| Name | Address | Appointor | Term of office |
|---|---|---|---|
| Dr William Michael Forth | 139 Hough Green, Chester CH4 8JR | The President of the Royal College of Psychiatrists | For four years from the date that the Charities (Cheadle Royal Hospital, Manchester) Order 2002 has effect. |
First Co-opted Trustees
| Name | Address | Term of office |
|---|---|---|
| Mary Susan Page | 5 Albert Road, Wilmslow, Cheshire SK9 5HT | For five years from the date that the Charities (Cheadle Royal Hospital, Manchester) Order 2002 has effect. |
| Arthur Thomas Booth CBE | Leewood Reservoir Road, Whaley Bridge, High Peak, Derbyshire SK23 7BW | For four years from the said date. |
| David John Tully | The Cherries, 5 Greenside Drive, Hale, Altrincham, Cheshire WA14 3HX | For three years from the said date. |
| Arnold Noel Smith | West Grove, Off Toft Road, Knutsford, Cheshire WA16 9ED | For two years from the said date. |
| Jeremy Squire Wilkinson | 3 Old Orchard, Wilmslow, Cheshire SK9 5DH | For one year from the said date. |
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 the Cheadle Royal Hospital, which is regulated by the Manchester Royal Infirmary Acts of 1842 and 1933 and the Manchester Royal Infirmary (Cheadle Royal Hospital) Order 1949.
The Cheadle Royal Hospital became increasingly difficult to operate as a hospital and was closed down and the hospital site sold. Subsequently, it was decided that the Charity should operate as a grant-making organisation.
The Scheme provides new objects and powers for the Charity which enable it to operate as such a grant-making organisation. The Scheme restructures the Trustee body and provides new arrangements for its operation and the holding of its investments.