Abstract
This chapter discusses the legal powers and duties of trustees and governing bodies of voluntary hospitals, health authorities and NHS trusts constituted under the National Health Service Act 1977, as amended by the National Health Service and Community Care Act 1990, administering property for charitable purposes. The same rules apply generally to all charity trustees, including for example, leagues of hospitals friends established for helping local hospitals and also the National League of Hospital Friends to which most local leagues are affiliated, though they are quite independent of it. Another example is that of the students’ union at a medical school. In London Hospital Medical College v IRC (1976)1 it was held that the union was charitable because its purpose was to advance the purposes of the medical school which was itself charitable. This decision was applied in Attorney-General v Ross (1985)2 in which a students’ union was held to have been formed for educational and charitable purposes and that its non-charitable political purposes were merely ancillary to its charitable purpose.
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[1976] 2 All ER 113.
[1985] 3 All ER 334.
Charities Act 1993, section 3(5)(a) and Schedule 2.
Charities Act 1993, section 8.
Charities Act 1993, section 69.
Charities Act 1993, section 3(5)(b) and (c).
SI 1962/1341.
SI 1974/63.
Charities Act 1993, section 46.
Charities Act 1993, section 69.
SI 1976/929.
Charities Act 1993, section 96(3) and 97.
Charities Act 1993, section 69(2).
Charities Act 1993, section 9(1)-(4). ‘Exempt’ means exempt from registration under section 3(5)(a).
Charities Act 1993, section 29(2).
[1954] 1 WLR 700.
[1956] Ch 622.
[1959] Ch 62.
Charities Act 1993, section 16(4).
Charities Act 1993, section 33(1).
Charities Act 1993, section 33(6).
Charities Act 1993, section 33(2).
[1923] 2 Ch 407.
Bradshaw v Thompson (1843) 2 Y & CCC 295.
Re Lycett (1897) 13 TLR 373.
[1953] 1 WLR 595.
[1973] SLT 236, Ct. of Session.
[1962] 1 WLR 763.
[1964] 3 WLR 18.
Re Harwood [1936] Ch 285.
Re Davis [1902] 1 Ch 876.
Re Goldschmidt; Commercial Union Assurance Co v Central British Fund for Jewish Relief [1957] 1 WLR 524.
[1912] 2 Ch 488.
Re Finger’s Will Trusts [1971] 3 WLR 775.
Re Hutchinson’s Will Trusts [1953] 1 Ch 387.
[1952] Ch 217.
(1872) LR 14 Eq 230.
(1872) 21 WR 154.
[1944] AC 341.
[1944] AC 341.
Re Diplock’s Estate, Diplock and others v Wintle and others [1947] 1 All ER 522; Minister of Health v Simpson and others [1951] AC 251.
Devaynes and others v Noble and others (Clayton’s case) [1814–23] All ER Rep 1, (1816) 1 Mer 572.
[1969] 1 AC 514.
[1958] Ch 300.
[1951] 1 Ch 567.
Regional and District Health Authorities (Membership and Procedure) Regulations 1990, SI 1990/1331.
HM(65)67.
[1951] Ch 27.
[1951] 1 All ER 528.
[1954] 1 WLR 22.
[1963] 2 All ER 220.
Now section 88 of the 1977 Act.
[1958] SC 279.
HM58(29).
SI 1974/1915.
SI 1974/103.
See, for instance, SI 1985/25, SI 1985/370; and the National Health Service (Determination of Districts) Order 1981, SI 1981/1837.
[1951] Ch 458.
[1953] 1 WLR 554.
[1968] Ch 80.
Chichester Diocesan Fund and Board of Finance v Simpson and others [1944] AC 341.
Charities Act 1993, sections 96(3) and 97; and see pp. 90-91 and p. 595, above.
Voluntary Hospitals (Paying Patients) Act 1936, section 3.
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© 1994 Springer Science+Business Media Dordrecht
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Finch, J. (1994). Charitable trusts for the benefit of hospitals. In: Speller’s Law Relating to Hospitals. Springer, Boston, MA. https://doi.org/10.1007/978-1-4899-7122-7_21
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DOI: https://doi.org/10.1007/978-1-4899-7122-7_21
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