APPENDIX
SCHEME FOR THE ADMINISTRATION OF THE CHARITY CALLED THE PEABODY DONATION FUND COMMONLY KNOWN AS THE PEABODY TRUST SITUATE IN GREATER LONDON
Whereas the Charity known as The Peabody Donation Fund (“the Charity”) is now regulated by the Peabody Donation Fund Act 19483(“the Act”).
And whereas the governing body consists of the governors appointed under Schedule 2 of the Act (“the Governors”) the present Governors being listed in Schedule 2 of the Scheme hereafter set out.
And whereas the Governors as the incorporated body of trustees of the Charity have made application to the Charity Commissioners for England and Wales (“the Charity Commissioners”) for a Scheme for the administration of the Charity (“the Scheme”).
And whereas it appears to the Charity 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 Charity Commissioners’ proposals for this Scheme has been given and the Commissioners have considered all the representations made to them:
Now therefore the Charity Commissioners in pursuance of section 17(1) of the 1993 Act hereby settle the following Scheme.
SCHEME
1. Administration of Charity
(a) The provisions of the Act shall cease to have effect with the exception of sections 1, 2 (introduction), 2(3), 2(4), 2(5), 2(9), 4, 5 (first paragraph), 8, 15 and 17.
(b) With effect from the date on which this 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 this Scheme by the Governors.
(c) The name of the Charity shall be “Peabody Trust” or such other name as the Governors shall from time to time, with the consent of the Charity Commissioners, decide and section 5 of the Act shall be amended accordingly so that for the words “The Governors of the Peabody Donation Fund” there shall be substituted “The Governors of The Peabody Trust” or such other name as the Governors shall from time to time, with the consent of the Charity Commissioners decide.
2. Vesting
As from the date on which this Scheme is given effect by an order of the Secretary of State under section 17(2) of the Charities Act 1993, the investments and property described in the First Schedule to the Act and all other property of the Charity vested in it prior to that date shall vest in the Governors for all the estate and interest therein belonging to or held in trust for the Charity.
3. Investment of cash
All sums of cash now or at any time belonging to the Charity, other than sums of cash needed for immediate working purposes, shall be invested in accordance with the Powers of Investment by or in trust for the Charity.
4. Definitions
In this Scheme the following expressions shall have the meanings assigned to them in this clause save where the context otherwise admits or unless otherwise stated:—
“Chief Executive” |
shall mean the Chief Executive appointed in accordance with clause 19 below; |
“Finance Director” |
shall mean the person appointed in accordance with the clause 19 below; |
“Greater London” |
shall mean the area within a 30 mile radius of the Royal Exchange in the City of London; |
“Non-Sectarian Manner” |
shall mean that all persons will be considered for relief under clause 5 (the objects clause) of this Scheme regardless of age, gender, racial origin, religious or political belief, sexual orientation, general character or lifestyle but nothing in this definition shall be regarded as derogating in any way from the powers and discretions of the Governors to allocate and remove benefits as they think fit in the interests of all the beneficiaries of the Charity; |
“Powers of Investment” |
shall be those powers set out in Schedule 1 of this Scheme; |
“Trust Secretary” |
shall mean that person appointed from time to time as the Trust Secretary in accordance with clause 19 below; and |
A person shall have a “Real and Substantial Connection with Greater London” if:
(a) that person was born in Greater London; or
(b) that person is living in Greater London or has done so for a minimum of 10 years during his or her lifetime; or
(c) that person is working in Greater London or has done so for a minimum of 10 years during his or her lifetime
5. Objects
The objects of the Charity are:
(a) to relieve the need of persons in Greater London who are in conditions of need hardship or distress by the provision of accommodation or otherwise; and
(b) to provide relief outside Greater London to those elderly persons aged 60 or over who are in conditions of need hardship or distress and who have a Real and Substantial Connection with Greater London by the provision of accommodation or otherwise; and
in granting relief in accordance with the objects the Governors shall act in a Non-Secretarian Manner.
6. Governors
(a) There shall be not less than 8 and not more than 16 Governors.
(b) His Excellency the Ambassador of the United States of America to Her Majesty’s Court of St. James’ (“the Ambassador”) shall by virtue of and during his tenure of office always be a Governor unless he or she shall after application to him or her decline to be a Governor or having become a Governor shall resign.
(c) Nothing in this Scheme shall be construed as requiring the Ambassador to become a Governor if he or she does not wish so to act.
(d) The office of Governor is and shall be honorary.
7. First Governors
The first Governors for the purposes of this Scheme shall be the persons whose names and addresses are set out in Schedule 2 to this Scheme.
8. Declaration by Governors
No person shall be entitled to act as a Governor whether on first or any subsequent entry into office until after signing in the minute book of the Governors a declaration of acceptance and willingness to act in the trusts of this Scheme.
9. Termination of Governorship
A Governor shall cease to be a Governor if he or she:—
(a) is disqualified from acting as a Trustee of a charity by virtue of section 72 of the 1993 Act; or
(b) becomes incapable (in the opinion of the Governors) by reason of illness injury or mental disorder of managing his or her own affairs; or
(c) is absent without permission of the Governors from all their meetings held within a period of 6 months and the Governors resolve that his or her office be vacated; or
(d) gives not less than one month’s notice in writing of his or her intention to resign; or
(e) in the case of any Governor other than the Ambassador by a unanimous vote of the other Governors is so removed special notice of such resolution having been given to every Governor at least 14 days before the meeting before which it is brought forward; or
(f) reaches the age of 70 years (or such other greater age as the Governors shall determine in the case of any particular Governor or Governors), such ceasing to be a Governor to take effect on the 31st December following the relevant birthday;
(g) has served as a Governor for a period of 5 years and is not re-elected in accordance with this Scheme provided always that if he or she has served for an aggregate period of fifteen years then he or she shall not be eligible for re-election.
10. Vacancies
(a) Upon the occurrence of a vacancy the Governors shall cause a note thereof to be entered in their minute book at their next meeting.
(b) A vacancy shall be filled by an appointment made by majority vote at a meeting of the Governors.
(c) No person shall be appointed a Governor unless his or her name has been proposed by a Governor by notice sent to the Trust Secretary at least 21 days before the meeting at which such appointment is proposed to be made and notice of every name so proposed has been giving by the Trust Secretary to every Governor at least 14 days before the said meeting.
MEETINGS AND PROCEEDINGS OF GOVERNORS
11. Ordinary Meetings
The Governors shall hold at least six ordinary meetings in each year.
12. First meeting
The first meeting of the Governors following the date on which this Scheme is given effect by an order of the Secretary of State under section 17(2) of the Charities Act 1993 shall be summoned by the Trust Secretary and if he or she fails to summon a meeting for three calendar months after such...
