Imatges de pàgina
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Committee of Council on Education, such scheme may be approved by her Majesty without being laid before Parliament (6).

During the said two months a petition praying that the scheme may be laid before Parliament may be presented to the Committee of Council on Education by the governing body of any endowment to which the scheme relates, or by not less than twenty inhabitant ratepayers of the parish in which the endowment is now applicable.

(a) As to the procedure where a scheme is remitted, see sect. 29, post. (b) See sect. 30, post.

Sect. 27.

be addressed

Majesty in

Council in

cases (a).

28. Any person conceiving himself aggrieved by any Petitions may provision of a scheme, on the ground of its not making to her due compensation for any vested interest to which he has been declared entitled as aforesaid (b), may, within certain two months from the publication of such scheme when approved as aforesaid, petition her Majesty in Council stating the grounds of the petition and praying her Majesty to withhold her approval from the whole or any part of the scheme. Her Majesty may refer any such petition for the consideration and advice of three members at the least of her Privy Council, of whom one shall be a member of the Judicial Committee, and such three members may, if they think fit, admit counsel to be heard in support of and against the petition, and shall have the same power with respect to the costs of all parties to the petition as the High Court of Justice would have if the petition were a proceeding therein for obtaining a scheme. Any petition not proceeded with in accordance with the regulations made with respect to petitions presented to the Judicial Committee of the Privy Council shall be deemed to be withdrawn.

It shall be lawful for her Majesty by Order in Council to declare that no cause has been shown why she should withhold her approval from the said scheme or to

Sect. 28. remit (c) it to the Commissioners with such declaration as the nature of the case may require.

Procedings

where scheme is remitted.

Laying of

schemes before Parliament, and

approval of

in Council.

(a) Except where the gross annual income is under 1007. sect. 31, post. (b) Sects. 7 and 10, and sect. 12, sub-s. (c), ante.

() For procedure in case of remission, see next section.

29. Where a scheme is remitted with a declaration the Commissioners may either proceed to prepare another scheme in the matter in the same manner as if no scheme had been previously prepared (a), or may submit for the approval of the Committee of Council on Education such amendments in the scheme as will bring it into conformity with the declaration.

The Committee may, if they think fit, approve the scheme with such amendments, and the same shall be published and circulated in the same manner and subject to the same right of petition to her Majesty in Council as is before directed (b) in the case of the approval of a scheme, and so on from time to time as often as occasion may require.

(a) See sects. 11 and 24, ante.

(b) Sects. 27 and 28, ante.

30. If within the said two months from the publication of the scheme, when approved as aforesaid, no petition praying that the scheme be laid before Parliament her Majesty has been presented in pursuance of this Act to the Committee of Council on Education (a), it shall be lawful for her Majesty by Order in Council to declare her approbation (b) of such scheme without the same being laid before Parliament.

If any petition praying that the scheme be laid before Parliament has been presented, but no petition to her Majesty in Council is presented, then the scheme shall be laid before both Houses of Parliament after the expiration of the time for the presentation of a petition to her Majesty in Council (c). If a petition is presented to her Majesty in Council against the scheme, as well as a

petition praying that the scheme be laid before Parliament, then the scheme shall be laid before Parliament after any later date at which the petition is withdrawn or her Majesty in Council has declared as aforesaid that no cause has been shown why she should withhold her approval from the scheme. If Parliament be then sitting the scheme shall be so laid before it forthwith. If Parliament be not then sitting, the scheme shall be so laid within three weeks after the beginning of the next ensuing session of Parliament; and if such scheme has lain. before Parliament for not less than two months during the same session, then, unless an address has been presented within such two months by one or other of the Houses of Parliament praying her Majesty to withhold her consent from such scheme or any part thereof, it shall be lawful for her Majesty by Order in Council to declare her approbation of such scheme or any part thereof to which such address does not relate.

(a) See sect. 27, ante.

(b) With regard to the disapproval of the scheme by her Majesty, see sect. 32, infra.

(c) See sect. 28, ante.

Sect. 30.

to schemes

31. Where a scheme relates to an endowment or en- Exception as dowments which or each of which (as the case may be) for endowduring the three years preceding the commencement of mens under this Act has had an average annual gross income of not more than one hundred pounds, no petition shall be presented to her Majesty in Council (a) with reference to such scheme so far as it relates to any such endowment or endowments. The statement of the Commissioners shall be conclusive evidence for the purpose of this section of the income of an endowment.

(a) See sect. 28, ante.

32. If any scheme, or any part thereof, is not approved by her Majesty, the Commissioners may there upon proceed to prepare another scheme in the matter,

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Sect. 32. and so on from time to time as often as occasion may

Amendment

of schemes.

Schemes,

when to take

effect.

Effect of scheme.

require.

33. Schemes may be from time to time framed and approved for amending any scheme approved under this Act, and all the provisions of this Act relative to an original scheme shall apply also to an amending scheme, mutatis mutandis.

V.-Supplemental Provisions.

34. No scheme shall of itself have any operation, but the same, when and as approved by her Majesty in Council (a), shall, from the date specified in the scheme, or if no date is specified then from the date of the Order in Council, have full operation and effect in the same manner as if it had been enacted in this Act.

Where a scheme shall have been so framed as to make it necessary that any further acts should be done in order to carry out the arrangements prescribed by such scheme, the Commissioners shall have power, immediately after the making of such Order in Council, to do and execute, or cause to be done and executed, all such acts and deeds, and all such conveyances and assurances in the law whatsoever, as may in their judgment be necessary for carrying out the provisions of the scheme approved by such order, and for securing the application of the property dealt with by such scheme to the purposes to which such scheme may direct it to be applied.

(a) See sect. 30, ante.

35. Upon a scheme coming into operation every Act of Parliament, letters patent, statute, deed, instrument, trust, or direction relating to the subject-matter of the scheme, and expressed by such scheme to be repealed and abrogated, shall, by virtue of the scheme and of this Act, be repealed and abrogated from the date in that behalf specified, or if no date is specified, from the date

of the scheme coming into operation, and all property Sect. 35. purporting to be transferred by such scheme shall, with

out any
other conveyance or act in the law (so far as
may be), vest in the transferees, and so far as it cannot
be so vested shall be held in trust for the transferees.

scheme.

36. The Order in Council approving a scheme shall Evidence of be conclusive evidence that such scheme was within the scope of and made in conformity with this Act, and the validity of such scheme and order shall not be questioned in any legal proceedings whatever.

Commis

37. A scheme of the Commissioners shall not be sub- Quorum of mitted to the Committee of Council on Education unless sioners. it has been approved at a meeting of the Commissioners at which there are present not less than three Commissioners, but in all other respects one Commissioner may act under this Act.

16 & 17 Vict.

Vict. c. 124,

assistant

38. Section eleven of the Charitable Trusts Act, Extension of 1853 (a) (which relates to the production of documents c. 137, s. 11, by public officers), and sections six, seven, eight, and and 18 & 19 nine of the Charitable Trusts Act, 1855 (b) (which relate ss. 6-9, to to evidence and the attendance and examination of commiswitnesses) shall extend to the assistant commissioners under this Act, as if they were the inspectors mentioned in those sections.

(a) Ante, p. 471.

(b) Ante, pp. 537 et seq.

sioners.

sioners to

to direct sale

invest pro

39. Whenever it shall appear to the Commissioners Commisthat any part of the charity property and endowments have power subject to the provisions of this Act, may with advantage of charity be sold and realised, they may direct such property to property and be sold upon such terms and conditions and to such ceeds. purchasers as they may think fit, and the trustee or trustees for the time being of such property shall effect such sale, which shall require no further sanction than

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