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Edinburgh Merchant Company Order Confirmation 1996

1996 c. 11 · Enacted 18 December 1996

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

An Act to confirm a Provisional Order under the Private Legislation Procedure (Scotland) Act 1936, relating to Edinburgh Merchant Company.

[18th December 1996]

WHEREAS the Provisional Order set forth in the Schedule hereunto annexed has been made by the Secretary of State under the provisions of the Private Legislation Procedure (Scotland) Act 1936, and it is requisite that the said Order should be confirmed by Parliament:

Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contents

  1. 1Confirmation of Order in Schedule.
  2. 2Short title.
  3. Schedule Edinburgh Merchant Company
  4. Part I: Preliminary
  5. 1Short title
  6. 2Interpretation
  7. 3Confirmation of existing charters and repeal of Acts
  8. Part II: Provisions as to Merchant Company
  9. A. Powers of Company
  10. 4Powers of Company
  11. B. Election of members of Company
  12. 5Qualifications for membership of Company
  13. 6Application for election
  14. 7Election of members
  15. 8Date of election of members
  16. 9Honorary members
  17. C. Election of office bearers
  18. 10Election of Master, treasurer and assistants
  19. 11Master, treasurer and assistants may be re-elected
  20. 12Filling of vacancies among Master, treasurer and assistants
  21. D. Officials
  22. 13Appointment of officials by Company
  23. 14Company may provide pensions, etc., for officials
  24. E. Fees, etc., payable by members
  25. 15Entrance fees
  26. 16Election conditional on payment of entry money and other sums
  27. 17Powers of Company to vary entry money, etc
  28. 18Power to impose annual subscriptions, etc
  29. F. Funds and property of Company
  30. 19Application of funds of Company
  31. 20Hall and offices of Company
  32. 21Power to contribute to widows' fund from general fund
  33. G. Meetings of Company
  34. 22Stated general meetings of Company
  35. 23Special general meetings of Company
  36. 24Mode of calling Company meetings
  37. 25Chairman of meetings of Company
  38. 26Quorum of meetings of Company
  39. 27Voting at meetings of Company
  40. 28Company may make rules of procedure
  41. H. Miscellaneous
  42. 29Company may make rules, etc
  43. Part III: Master’s court
  44. 30Reconstitution of Master’s court
  45. 31Meetings of Master’s court
  46. 32Chairman of meetings of Master’s court
  47. 33Quorum of meetings of Master’s court
  48. 34Committees of Master’s court
  49. 35Proceedings of Master’s court not to be invalidated by vacancies, etc
  50. 36Duties of Master’s court
  51. 37Accounts to be kept by Master’s court and audited
  52. 38Company officials to act as officials of Master’s court
  53. Part IV: Darling fund
  54. 39Vesting, etc., of Darling fund in Master’s court
  55. 40Payment of pensions out of Darling fund
  56. Part V: Widows' fund
  57. A. Maintenance of widows' fund
  58. 41Maintenance of widows' fund
  59. 42Closure of widows' fund to new contributors
  60. B. Contributors
  61. 43Stated general meetings of contributors
  62. 44Special general meetings of contributors
  63. 45Mode of calling meetings of contributors
  64. 46Chairman of meetings of contributors
  65. 47Quorum of meetings of contributors
  66. 48Voting at meetings of contributors
  67. 49Appointment of officials by contributors
  68. 50Contributors may provide pensions, etc., for officials
  69. 51Contributors may make rules
  70. C. Powers of widows' fund
  71. 52Powers of trustees of widows' fund
  72. 53Constitution of trustees of widows' fund
  73. 54Elected trustees' eligibility for re-election
  74. 55Filling of vacancies among trustees
  75. 56Stated general meetings of trustees
  76. 57Special general meetings of trustees
  77. 58Mode of calling meetings of trustees
  78. 59Chairman of meetings of trustees
  79. 60Quorum of meetings of trustees
  80. 61Committees of trustees
  81. 62Proceedings of trustees not to be invalidated by vacancies, etc
  82. 63Widows' fund to be managed and administered by trustees
  83. 64Distribution of widows' fund
  84. 65Accounts of widows' fund to be kept by trustees and audited
  85. D. Payments, etc., by contributors
  86. 66Payment of annual contributions
  87. 67Payment of half-yearly contributions and annuities by instalments
  88. 68Contributors may alter amount of half-yearly contributions
  89. 69Redemption of half-yearly contributions
  90. 70Half-yearly contributions not to be payable after death of married contributors
  91. 71Contributors may refund payments
  92. 72Contributor may discontinue payment of half-yearly contributions on death of wife
  93. 73Marriage tax payable on marriage after election
  94. 74Times of payment of marriage tax
  95. 75Alterations of marriage tax
  96. 76Particulars of marriage, etc., to be provided by contributors
  97. 77Penalty for failure to pay half-yearly contributions
  98. 78Interest on payments in arrear
  99. 79As to payment of half-yearly contributions, etc., of deceased contributors
  100. E. Payment of annuities
  101. 80Payment of annuities to widows
  102. 81More than one annuity payable to widows
  103. 82Annuities to be alimentary
  104. 83Power to introduce new classes of beneficiaries
  105. 84Rate of annuity to continue until altered
  106. F. Alteration of amount of annuities
  107. 85Periodical investigation of widows' fund
  108. 86Contributors may alter amount of annuity
  109. 87Conditions of increase of annuity
  110. 88Conditions of reduction of annuity
  111. G. Dissolution of widows' fund
  112. 89Purchase of annuities
  113. 90Application of residue of widows' fund
  114. 91Widows' fund to be dissolved
  115. Part VI: Endowments trust
  116. A. Incorporation powers, etc., of endowments trust
  117. 92Powers of endowments trust
  118. 93Endowments trust fund vested in endowments trust
  119. 94Constitution of endowments trust
  120. 95Election and period of office of members of endowments trust
  121. 96Filling of vacancies among elected members of endowments trust
  122. 97Meetings of endowments trust
  123. 98Chairman of endowments trust
  124. 99Quorum of meetings of endowments trust
  125. 100Committees of endowments trust
  126. 101Proceedings of endowments trust not to be invalidated by vacancies, etc
  127. 102Appointment of officials by endowments trust
  128. 103Endowments trust may provide pensions, etc., for officials
  129. 104Application of income of endowments trust fund
  130. 105Power of endowments trust to borrow
  131. 106Reserve fund of endowments trust
  132. 107Accounts to be kept by endowments trust and audited
  133. B. Payments, etc., to beneficiaries
  134. 108Classes of beneficiaries
  135. 109Minimum amount and terms of pensions
  136. 110Endowments trust may provide houses, etc., for beneficiaries
  137. 111Election of beneficiaries
  138. 112Applications for pensions, etc
  139. C. Fraser Trust
  140. 113Definitions for purposes of Head C
  141. 114Sir William Fraser Homes to be maintained
  142. 115Qualifications of persons to occupy Sir William Fraser Homes
  143. 116Election of occupants
  144. 117Rights of occupants of Sir William Fraser Homes
  145. 118Constitution of Fraser trustees
  146. 119Fraser trustees to be members of committees to administer Sir William Fraser Homes
  147. 120Application of funds retained by Fraser trustees
  148. 121Fraser trustees may transfer remaining assets to endowments trust
  149. D. Russell and Foster Endowment
  150. 122Russell and Foster Endowment vested in endowments trust
  151. 123Income of Russell and Foster Endowment to be applied in payment of pensions
  152. 124Qualifications of Russell and Foster pensioners
  153. 125Amount, etc., of Russell and Foster pensions
  154. 126Designation of Russell and Foster beneficiaries
  155. E. Variation of Trusts
  156. 127Variation of trusts
  157. Part VII: Joint committee
  158. 128Re-establishment of joint committee
  159. 129Election and period of office of members of joint committee
  160. 130Filling of vacancies in joint committee
  161. 131Meetings of joint committee
  162. 132Chairman of joint committee
  163. 133Quorum of meetings of joint committee
  164. 134Proceedings of joint committee not to be invalidated by vacancies, etc
  165. 135Powers of joint committee
  166. Part VIII: Miscellaneous and general
  167. 136Execution of deeds
  168. 137Powers of investment
  169. 138Borrowing and lending inter se by Company, widows' fund, endowments trust and education board
  170. 139Donations, etc., may be received
  171. 140Notices
  172. 141Discharge of members, contributors, officials and others
  173. 142Saving for town and country planning
  174. 143Costs of Order