United Kingdom Statutory Instruments

(a) The Act 48 Geo III cap.cxxvii;

(b) The Act 5 Victoria session 2.cap.i ("the 1842 Act");

(c) The Act 7 & 8 Victoria cap.xliii;

(d) The Manchester Royal Infirmary Act 1933; and

(e) The Manchester Royal Infirmary (Cheadle Royal Hospital) Order 1949;

And whereas the Trustees of the Charity have sold the assets necessary to operate the Cheadle Royal Hospital and it is necessary to provide for the future application of the proceeds of sale and for the Charity's remaining assets:

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.

(a) 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; and

(b) to promote or assist in the promotion of research into the alleviation or cure of mental illness in any of its forms.

VARIATION OF SECTION II OF 1842 ACT

Variation
     4. Section II of the 1842 Act shall henceforth take effect as if—

    (1) 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 CRH Charitable Trust"“.

    (2) for the words "Manchester Infirmary, Dispensary, and Lunatic Hospital or Asylum, or either of them", there were substituted the word "Charity".

(a) one Nominated Trustee, and

(b) five Co-opted Trustees.

    (2) 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.

(a) the date of the vacancy; and

(b) the date on which the Trustees or their secretary are informed of the appointment.

Co-opted Trustees
     7. —(1) 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.

    (2) 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—

(a) 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

(b) any Co-opted Trustee whose term of office is about to come to an end must not vote in favour of their own reappointment.

    (3) 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.

New Trustees
     8. The Trustees must give each new Trustee, on his or her first appointment—

(a) a copy of the Scheme and any amendments made to it; and

(b) a copy of the Charity's latest report and statement of accounts.

Register of Trustees
     9. —(1) 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.

    (2) Every Trustee must, on his or her first appointment or on any later reappointment, sign the register before acting as a Trustee.

    (3) The Trustees must promptly report any vacancy in the office of Nominated Trustee to the President for the time being of the Royal College of Psychiatrists.

Trustees not to have a personal interest
     10. Except with the prior written approval of the Commissioners no Trustee may—

(a) receive any benefit in money or in kind from the Charity;

(b) have a financial interest in the supply of goods or services to the Charity; or

(c) acquire or hold any interest in property of the Charity (except in order to hold it as a Trustee of the Charity).

Termination of trusteeship
     11. A Trustee will cease to be a Trustee if he or she—

(a) is disqualified from acting as a Trustee by section 72 of the Charities Act 1993;

(b) 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

(c) 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 takes effect).

OFFICERS

Chairman
     12. —(1) At their first ordinary meeting in each year the Trustees must elect one of their number to be chairman of their meetings.

    (2) 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.

Secretary
     13. The Trustees may appoint a secretary, who may be—

(a) a Trustee (who must not receive any reward for acting and who may be dismissed as secretary at any time); or

(b) some other suitable person (who may be employed upon such reasonable terms, including terms as to notice, as the Trustees think fit).

MEETINGS OF TRUSTEES

Ordinary meetings
     14. —(1) The first meeting after the Scheme comes into effect shall be called by Arnold Smith or, if he does not do so within three months from that date, by any two Trustees

    (2) The Trustees must hold at least two ordinary meetings in each consecutive twelve month period.

    (3) Ordinary meetings require at least ten days' notice.

    (4) The chairman, or any two Trustees, may call an ordinary meeting at any time.

Special meetings
     15. —(1) The chairman, or any two Trustees, may call a special meeting at any time.

    (2) 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.

    (3) The notice calling a special meeting must include details of the business to be transacted at the meeting.

    (4) A special meeting may, but need not, be held immediately before or after an ordinary meeting.

Quorum
     16. No business may be transacted at a meeting unless at least three Trustees are present.

Voting
     17. —(1) Every matter must be decided by majority decision of the Trustees present and voting at a duly convened meeting of the Trustees.

    (2) The chairman of the meeting may cast a second or casting vote only if there is a tied vote.

Recordings of meetings
     18. The Trustees must keep a proper record of their meetings.

Trustees to act jointly
     19. The Trustees must exercise their powers jointly, at properly convened meetings.

(a) 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

(b) pay reasonable and proper remuneration to any corporate body acting as Custodian Trustee or the Trustees' nominee in pursuance of this clause.

Charity not to relieve public funds
     22. 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.

Questions relating to the Scheme
     23. Any question as to the construction of the Scheme or as to the regularity 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.