MANAGING TRUSTEES OF MODEL TRUST PROPERTY AND MODEL TRUSTS
Since this Schedule is part of the 1976 Act the interpretation provisions of s.2 of the Act (Vol. 1 p. 7) also apply. In particular, it should be noted that throughout the Model Trusts the Board' (with capital B') means the Trustees for Methodist Church Purposes.
1 Interpretation.
In this Schedule,
unless the subject or
context otherwise requires appropriate Church Council'
means, in relation to any local property, the Church Council
of the Local Church for whose benefit or in connection with
which such property is for the time being solely or mainly
held, used or applied; appropriate Circuit Meeting' means,
in relation to any Circuit property, the Circuit Meeting of
the Circuit for whose benefit or in connection with which such
property is for the time being solely or mainly held, used or
applied; [. . .] Church' means the Methodist Church;
Church Council' means the body of persons of that name for
the time being constituted in relation to a Local Church
under the Deed of Union and Standing Orders;
Circuit' means a Circuit of the Church constituted under the
Deed of Union and Standing Orders;
Circuit Advance Fund' means any property which shall after
the commencement of this Act comprise a Circuit Advance Fund
constituted pursuant to Standing Orders or any direction of
the Conference or of the Methodist Council given pursuant to
Standing Orders, and includes an existing Circuit Advance
Fund; See S. O. 955 and, for the meaning of existing Circuit
Advance Fund', s. 2 of the 1976 Act (Vol. 1, p. 7). Circuit
manse' means, in relation to any Circuit, a dwelling for
occupation by a minister, probationer, deaconess or deacon,
appointed to such Circuit; Circuit Meeting' means the body of
persons of that name for the time being constituted in
relation to a Circuit under the Deed of Union and Standing
Orders;
Circuit property' means any model trust property (other than
Conference property) or any part thereof for the time being
held, used or applied for Circuit purposes in accordance with
the model trusts, and includes any property which but for
this provision would after the commencement of this Act have
ceased to be local property and have become general property
by reason only of there having ceased to be any relevant
Local Church; Circuit purposes' means, in relation to any
model trust property or any part thereof and in relation to
any Circuit, all or any of the purposes of a Circuit manse or
of any other property (not being local property), for the time
being used or applied or held for the purposes of being used
or applied, in accordance with the model trusts, solely or
mainly by or in connection with such Circuit, or all or any of
the purposes of any property for the time being comprising or
required, by Standing Orders or by any direction of the
Conference or of the Methodist Council given pursuant to
Standing Orders, to be held as or to be added to a Circuit
Advance Fund, and includes any other charitable purpose
comprised in the model trusts which the Conference may by
Standing Order designate as a Circuit purpose in relation to
such Circuit and to model trust property; Conference
property' means any model trust property or new model trust
property or any part of any such property which the
Conference, judging it to be of special significance to the
Church as a whole, has (with the prior consent of the then
managing trustees) declared to be Conference property;
See, e.g., as to the New Room, Bristol, S.O. 220, and as to
Westminster Central Hall S.O. 223. Conference trustees'
means, in relation to any Conference property or any part of
such property, the persons or body of persons, being members
of the Church, annually appointed by the Conference to be the
managing trustees of such property or part property;
Connexional dwelling' means, in relation to any Connexional
organisation, a dwelling for occupation by the Secretary or [.
. .] any other officer or any employee of such organisation;
Connexional organisation' means any [. . .] Connexional
Committee, Connexional Institution or other Connexional
organisation for the time being constituted under the Deed of
Union and Standing Orders;
See also S.O. 906.
Connexional property' means any model trust property (other
than Conference property) or any part thereof for the time
being held, used or applied for Connexional purposes in
accordance with the model trusts; Connexional purposes'
means, in relation to any model trust property or any part
thereof and in relation to any Connexional organisation, all
or any of the purposes of a Connexional dwelling, or of any
other property (not being local, Circuit or District
property), for the time being used or applied or held for the
purpose of being used or applied, in accordance with the
model trusts, solely or mainly by or in connection with such
organisation, and includes any other charitable purpose
comprised in the model trusts which the Conference may by
Standing Order designate as a Connexional purpose in relation
to such organisation and to model trust property; See, e.g.,
as to the Aldersgate Memorial, S.O. 221. Connexional
Trustees' means, in relation to any Connexional property, the
person or persons for the time being constituting, in
accordance with Standing Orders, the Connexional Trustees in
respect of the Connexional organisation for whose benefit or
in connection with which such property is for the time being
solely or mainly held, used or applied;
See S.O. 904.
District' means a District of the Church constituted under
the Deed of Union and Standing Orders;
District manse' means, in relation to any District, a
dwelling for occupation by the Chairman of such District;
District property' means any model trust property (other than
Conference property) or any part thereof for the time being
held, used or applied for District purposes in accordance
with the model trusts;
District purposes' means, in relation to any model trust
property or any part thereof and in relation to any District
or group of Districts, all or any of the purposes of a
District manse, or of any other property (not being local or
Circuit property), for the time being used or applied, or
held for the purpose of being used or applied, in accordance
with the model trusts, solely or mainly by or in connection
with such District or group of Districts, and includes any
other charitable purpose comprised in the model trusts which
the Conference may by Standing Order designate as a District
purpose in relation to such District or group of Districts
and to model trust property; See S.O. 966(4).
District Trustees' means, in relation to any District
property, the body of persons for the time being constituting,
in
accordance with Standing Orders, the District Trustees of the
District or group of Districts for whose benefit or in
connection with which such property is for the time being
solely or mainly held, used or applied; See S.O. 966(1).
general property' means any model trust property (other than
Conference property) or any part thereof for the time being
held, used or applied for general purposes in accordance with
the model trusts;
general purposes' means, in relation to any model trust
property or any part thereof (not being for the time being
local, Circuit, District or Connexional property), all or any
of the charitable purposes comprised in the model trusts;
Local Church' means the body of persons for the time being
constituting a Society or Local Church under the Deed of Union
and Standing Orders; local property' means any model trust
property (other than Conference property) or any part thereof
for the time being held, used or applied for local purposes
in accordance with the model trusts;
local purposes' means, in relation to any model trust
property or any part thereof and in relation to any Local
Church, all or any of the purposes of a place of worship, or
of any other property, for the time being used or applied, or
held for the purpose of being used or applied in accordance
with the model trusts, solely or mainly by or in connection
with such Local Church (whether or not in conjunction with
members of any other church pursuant to a sharing agreement
under the Act of 1969) and includes any other charitable
purpose comprised in the model trusts which the Conference may
by Standing Order designate as a local purpose in relation to
such Local Church and to model trust property;
managing trustees' means, in relation to any model trust
property or any part thereof, the managing trustees from time
to time and includes (except in paragraph 4 of this Schedule)
the temporary trustees of that property or any part thereof,
such trustees being ascertained in accordance with the
provisions of Part II of this Schedule; Methodist Council
means the body of persons of that name for the time being
constituted by the Conference under the Deed of Union and
Standing Orders for the despatch of connexional business in relation
to
(inter alia) property affairs or other the body of persons
constituted for the time being under Standing Orders to
discharge the responsibilities of the Property Division, and
includes, where appropriate, any person or persons to whom
any functions of such body under any provision of this
Schedule may have been delegated by such body in accordance
with any Standing Order made pursuant to paragraph 11 of this
Schedule, and board of the Property Division has the same
meaning; See S.O. 212(10) and, as to delegation, S.O. 331(4).
Methodist practice' means the constitutional practice, usage
and discipline of the Church as regulated for the time being
by the Deed of Union and Standing Orders;
model trust amenity' means a place of worship, cemetery or
burial ground, house or other dwelling, vestry, hall,
classroom, school room, day school, office, hostel, college,
bookshop, playground or any other building or amenity and
includes any kitchen, convenience or other building, room or
structure ancillary to any such aforementioned premises;
model trust operation' means the laying out, building,
furnishing, equipping, maintaining, repairing, altering,
enlarging, demolishing, rebuilding, refurnishing or re-
equipping of any model trust amenity for use for or incidental
to any kind of charitable purpose comprised in the model
trusts, and includes the conversion of any such model trust
amenity or any part thereof to another category of model trust
amenity for use as aforesaid;
new model trust property', means any property or any part
thereof which shall after the commencement of this Act become
model trust property pursuant to any provision of section 10
(Power to adopt model trusts) or of sections 12 to 16
inclusive of this Act and shall not be affected by any
direction made pursuant to paragraph 3(2) of this Schedule;
For ss. 10 and 12 to 16 of the Act see Vol. 1, pp. 15, 17.
place of worship' means any church, chapel or other place for
religious worship by members of the Church;
Property Secretary means the person appointed in accordance
with Standing Orders to fulfil the duties assigned in this
Schedule to such an officer or to the General Secretary of
the board of the Property Division;
See S.O. 331(1)
purposes of the Church' means the purposes of the Church for
the time being under section 4 (Purposes) of this Act;
See Vol. 1, p.10.
statutory or other legal provision' means any Act, any
instrument or document made or having effect under or by
virtue of any such Act, any other instrument or document
affecting legal rights or obligations, any trust (whether
arising under a trust instrument or otherwise), and any rule
of law, being an Act, instrument, document, trust, or rule in
force at the commencement of this Act;
trustees' means the Board in relation to any model trust
property or any part thereof held by the Board upon the model
trusts under paragraph 4(2) of this Schedule and the Board as
custodian trustees together with the managing trustees in
relation to any other model trust property.
As to the meaning of the Board' see the note at the head of
para. 1.
2 Managing trustees.
Subject to the
provisions of this Part
of this Schedule, so long as any model trust property or any
part thereof shall be held, used or applied so as to fall
within any category mentioned below, the managing trustees of
such property or such part thereof shall be the body of
persons or the person or persons (or such of those persons as
shall have attained full age) specified immediately after
such category as follows: (a) local property: the appropriate
Church Council;
(b) Circuit property: the appropriate Circuit Meeting;
(c) District property: the District Trustees;
(d) Connexional property: the Connexional Trustees;
(dA) Conference property: the appropriate Conference trustees;
(e) general property: the Secretary or the person or persons
for the time being authorised under Standing Orders to
exercise the functions of the Secretary.
Only persons of full age may be managing trustees of model
trust property (s. 9(3) of the Act, Vol. 1, p. 13). In Great
Britain persons of 18 years and over are of full age.
3 New model trust property.
(1) Any
new model trust
property or part of such property is general property until a
direction affecting it has been made under sub-paragraph (2)
of this paragraph, or until it earlier becomes Conference
property.
(1A) For the purposes of this paragraph and of paragraphs 5
to 10 of this Schedule trust body means any Church Council,
Circuit Meeting, District Trustees or Connexional Trustees or
the Secretary.
(2)(a) Subject to (b) below and to the next sub-paragraph the
Methodist Council may, after appropriate consultation, direct
in writing under the hand of the Property Secretary or of any
other person authorised by it in that behalf that any new
model trust property or any specified part of any new model
trust property shall fall within the category of model trust
property specified in such direction and that the trust body
similarly specified shall be the managing trustees thereof,
and any such direction shall have effect according to its
tenor, but without prejudice to any subsequent change of
category or of managing trustees arising by the operation of
paragraph 2 of this Schedule or otherwise.
For the appropriate consultation' required see S.O. 902 and
the regulations in Book VI, Part 6. (b) If it seems fit to
the council, because of the desirability of a joint managing
trusteeship or for any other reason, its direction under this
sub-paragraph may take the form of a Memorandum of Terms of
Management determining the matters specified in (a)(i) and
(ii) and (b) (i) and (ii) of paragraph 8(1) of this Schedule,
and in that event Paragraph 9 of this Schedule shall apply.
(3) In exercise of the power conferred by the foregoing sub-
paragraph the Methodist Council shall give consideration to
any declaration of preference, made pursuant to section 12
(Future model trust settlements) of this Act or deemed to
have been so made by virtue of section 15 (Gifts to Local
Churches or Circuits) of this Act, in respect of any new model
trust property or any part thereof but shall not be bound to
give effect thereto.
For ss. 12 and 15 of the Act see Vol 1, pp. 17, 19.
(4) If any new model trust property or part of such property
becomes Conference property before a direction affecting it
has been made under sub-paragraph (2) of this paragraph then
the provisions of sub-paragraphs (2) and (3) of this paragraph
shall forthwith cease to apply to it.
4 Temporary managing trustees.
(1) If
and during such period
as there shall be no managing trustees of any model trust
property or any part thereof by reason of there being no
person or persons respectively constituting any of the bodies
or holding or entitled to exercise the functions of the
office mentioned in paragraph 2 of this Schedule (or
corresponding to any such body or office pursuant to section
24 (Construction of references to abolished bodies and
offices) of this Act), or for any other reason, the Methodist
Council may, by a written instrument under the hand of the
Property Secretary or of any other person authorised by the
council in that behalf appoint any local or other body of the
Church or any officer of the Church or of any such body as the
temporary managing trustees
or trustee during such period of such property or part
thereof. For s. 24 of the Act see Vol. 1, p. 24.
(2) If during any period (hereinafter referred to as the
suspense period') there shall be no managing trustees or
temporary managing trustees of any model trust property or any
part thereof, the custodian trusteeship of the Board and the
model trust vesting provisions shall be suspended in respect
of such property or such part thereof until the expiration of
the suspense period and, during the suspense period, the
Board shall hold such property or such part thereof upon the
model trusts so far as circumstances permit.
As to the meaning of the Board' see the note at the head of
para. 1 above.
5 Management issues.
(1) For the purposes
of this paragraph
and of paragraphs 6 to 10 of this Schedule
Management Certificate' means a certificate issued under
paragraph 6 of this Schedule;
Management Memorandum' means a Memorandum or amended
Memorandum of Terms of Management under paragraph 8 or 9 of
this Schedule. (2) For the purposes of this Schedule a
management issue occurs in relation to any model trust
property or any part of a model trust property (other than new
model trust property and
Conference property) whenever the Methodist Council, acting of
its own motion or upon the written request of any trust body,
declares in writing under the hand of the Property Secretary
or of any other person authorised by the council in that
behalf: (a) that
(i) no trust body claims to be the managing trustees of such
property or part property; or
(ii) more than one trust body claims to be the managing
trustees of all such property or part property; or
(iii) any trust body or the council is doubtful as to the
category of such property or part property or as to who are
the managing trustees thereof; (b) and that
(i) no Management Memorandum dealing with the questions
raised under (a) above is in force; or
(ii) one or more of such questions remain unresolved by any
Management Memorandum in force.
(3) Upon the occurrence of a management issue and until it is
resolved by a Management Certificate the Secretary shall be
the managing trustee of the property or part property
affected by that issue.
6 Resolution of management issues.
(1)
As soon as may be
after the occurrence of a management issue the Methodist
Council shall, after appropriate consultation and subject to
sub-paragraph (2) of this paragraph, certify under the hand of
the Property Secretary or of any other person authorised by
the council in that behalf that at the date of such
certificate the property or part property affected by such
issue falls within the category of model trust property
specified in such certificate and that the trust body
similarly specified are the managing trustees thereof. Such
a certificate shall determine and be conclusive evidence of
the matters so certified as at its date. For the appropriate
consultation' required see S.O. 902 and the regulations in
Book VI, Part 6. (2) The Methodist Council shall, immediately
before issuing any Management Certificate, have regard to any
Management Memorandum affecting the same property or part
property and shall procure that any description in such
Management Certificate of any land or other assets shall, so
far as possible, follow the corresponding description in such
Management Memorandum.
7 Division of management.
For the purposes
of this Schedule
a division of management occurs in relation to any model
trust property whenever, such property falls within more than
one category of model trust property or there are two or more
trust bodies which are or claim to be managing trustees of
such property or of parts thereof.
8 Terms of management.
(1) As soon as
may be after the
occurrence of a division of management the following matters
(in this Schedule referred to as terms of management') shall,
after appropriate consultation and subject to sub-paragraphs
(3) and (4) of this paragraph, be determined by agreement
between the sets of managing trustees or the trust bodies
involved: (a) where there are two or more trust bodies which
are or claim to be managing trustees of the same property or
part property (i) whether as to each such property or part
property one trust body (and if so which) shall be the
managing trustees or there shall be a joint managing
trusteeship; and
(ii) if there is to be a joint managing trusteeship, how the
joint managing trustees shall be constituted;
(b) and in any event
(i) the boundaries and extent of any land and a description
of any other assets, comprised in the property, in respect of
which any (and which) managing trustees or joint managing
trustees shall exercise any (and what) powers, duties or
discretions arising under the model trusts or any other
statutory or legal provision (whether or not the bodies to
exercise such powers, duties or discretions are
themselves the managing trustees of the land or assets in
question under (a) above or otherwise);
(ii) any ancillary matters expedient to be determined,
including (where appropriate) provision for the apportionment
of income and expenditure arising or incurred in relation to
the property and for the making of reports and the rendering
of accounts by any bodies exercising powers, duties or
discretions under (i) above to the managing trustees or joint
managing trustees of the land or assets in question.
For the appropriate consultation' required see S.O. 902 and
the regulations in Book VI, Part 6. (2) Upon the determination
of such terms of management the managing trustees and trust
bodies involved shall have them embodied in a Memorandum of
Terms of Management, signed by not less than two of the
persons
constituting each such set of managing trustees or trust body
(or, in the case of general property, by the Secretary or any
person exercising his or her functions) and transmitted to
the Board.
(3) In default of compliance with sub-paragraphs (1) and (2)
of this paragraph within three months (or such other period
as may be prescribed by Standing Orders) of the occurrence of
a division of management the Methodist Council shall after
appropriate consultation, and except insofar as it considers
that all or any of the questions arising would more
appropriately be dealt with as a management issue under
paragraphs 5 and 6 of this Schedule, determine the terms of
management and have them embodied in a Memorandum of Terms of
Management, which shall be signed by the Property Secretary or some
other person
authorised by the council in that behalf and transmitted to
the Board.
(4) Immediately before determining any terms of management
under sub-paragraph (1) or (3) of this paragraph the persons
or bodies involved shall have regard to any Management
Certificate affecting the same property or any part thereof
and shall procure that any description in the Management
Memorandum of any land or assets shall so far as possible,
follow the corresponding description in such Management
Certificate.
9 Amendment of terms of management.
The sets of managing
trustees or joint managing trustees affected by terms of
management may, after appropriate consultation, agree to
amend them and sub-paragraphs (2) and (4) of paragraph 8 of
this Schedule shall then apply to the agreed amended terms as
to original terms of management. For the appropriate
consultation' required see S.O. 902 and the regulations in
Book VI, Part 6.
10 Evidence of terms of management.
Without prejudice to the
provisions of paragraph 26 of this Schedule any Management
Memorandum shall from the date of its receipt by the Board
under paragraph 8 or 9 of this Schedule be conclusive evidence
for all purposes of the terms or amended terms of management
embodied therein.
11 Delegation by Methodist Council.
The Conference may by
Standing Orders authorise the Methodist Council to delegate,
in such manner and subject to such restrictions or conditions
as may be prescribed in such Standing Orders, to any
committee or officer of the council or to any other body or
officer of the Church, all or any of the functions of the
council under this Schedule. See S.O. 331(4).
11A Change of status of Conference
property.
The Conference
may at any time declare that any Conference property or any
part of such property shall cease to be Conference property,
and if it does so shall at the same time give a direction
under sub-paragraph (2) of paragraph 3 of this Schedule as if
such property or part property were new model trust property
and the Conference were the Methodist Council. Every such
declaration shall have effect according to its tenor and
every such
direction shall have effect in accordance with and subject to
the said sub-paragraph, except that no writing shall be
required beyond the record in the Conference Journal and that
no
consultation shall be required beyond any which may already
have taken place.
12 Model trusts to be governed by purposes of
Church.
Model
trust property shall be held upon and subject to the
following charitable trusts, powers and provisions if and so
far only as the execution, exercise or operation respectively
of any of such trusts, powers or provisions in respect of
such property or any part thereof shall be in furtherance of
or incidental to a purpose of the Church.
For the purposes of the Church see s.4 of the Act (Vol.1, p.
10).
13 The trusts.
Subject to the
provisions of this Act and of
this Schedule, the trustees shall hold the property upon the
following trusts, or such of them as shall be capable of
having effect having regard to the character and condition of
the property, namely upon trust: (a) To apply, at the
discretion of the managing trustees, any moneys available for
such
charitable purposes in the purchase of land or any
chattel or other property for the purposes of a model trust
amenity or a model trust operation or for any other purpose
for which model trust property may be held or applied, or
directed to be held or applied, under any provision of this
Part of this Schedule;
(b) To permit any place of worship to be used for religious
worship and for public and other meetings and services held
in accordance with Methodist practice and the provisions of
the next following paragraph;
(c) To permit activities for children and young people to be
held in accordance with Methodist practice in any suitable
part of the property, but if in a place of worship, only at
such time as not to interfere with public worship.
(d) To permit any further meeting to be held in or upon any
part of the land comprised in the property only if the
holding of such meeting is not contrary to Methodist practice;
(e) To permit any day school to be used for the education
of children and young persons under such system of management
as the Conference may prescribe or approve or as may be
required by law;
(f) To permit any suitable building or part of a building
comprised in the property to be used as an office, hostel,
college, bookshop or other institution for or incidental to
any purpose of the Church;
(g) To permit any house or other dwelling to be used as a
Circuit or District manse, or Connexional dwelling or for
such other purpose of the Church as the Conference shall by
Standing Order prescribe;
(h) To permit any vestry, hall, classroom, kitchen,
convenience, building, room, structure, or other appurtenance
and any vacant land to be used for or in connection with any
of the above purposes or for purposes ancillary to any of
such purposes; (i) To permit any land laid out as a cemetery
or burial ground to be used for such purposes; (j) To permit
any land laid out as a playground to be used for such
purposes; (k) To change the use or application of the property
or any part thereof from any one or more of the above
purposes to any one or more other of such purposes or to
permit the property or any part thereof to be held, used or
applied mainly for any one or more of such purposes and partially
for any one or more other of such
purposes; (l) To carry into effect any sharing agreement
affecting the property or any part thereof and made after the
commencement of this Act under the provisions of the Act of
1969; (m) To permit any land comprised in the property or any
part of such land thereof when not required or expected to be
required for any of the above purposes by the managing
trustees, to be used or applied temporarily or occasionally or
intermittently, but without creating
any lease or tenancy, for any charitable purpose which is not
contrary to Methodist practice;
(n) To permit any chattel to be used in furtherance of or
incidental to any purpose of a model trust amenity or model
trust operation or for any other purpose for which model trust
property may be held or applied or directed to be held or
applied under any provision of this part of this Schedule;
and
(o) To hold the same or any part thereof for or incidental to
any such purpose of the Church as the Conference may from
time to time authorise.
As to (g), see S.O. 929.
14 Religious worship.
(1) The managing
rustees shall permit
such services and meetings for religious worship to be held
in any place of worship at such times in such manner and to be
officiated at by such minister or such other person as shall
be required or permitted by Methodist practice and by the
provisions of this paragraph. See S.O. 521(1), 920(1).
(2) Notwithstanding that any of the members of any communion
or body hereinafter mentioned may not subscribe to the
doctrinal standards, the managing trustees may with the
consent of such person or persons as the Conference may by
Standing Order prescribe
(a) hold, and permit the participation by members of the
Church together with any members of any other Christian
communion or body in, any occasional joint service or meeting
in a place of worship or on any other premises comprised in
the property; (b) permit any member of any such communion or
body to officiate and to preach at any such joint service or
meeting.
For the consent required see S.O. 920(2).
(2A) Notwithstanding that any of the members of any church or
congregation hereinafter mentioned may not subscribe to the
doctrinal standards, the managing trustees may with the
consent of such person or persons as the Conference may by
Standing Order prescribe permit the use of a place of worship
or any other premises comprised in the property by members of
one or more Christian churches or congregations, either for
particular occasions or for a period which shall not in any
case exceed twelve months, provided that (i) such permission
shall be given only upon terms that it is revocable by the
managing trustees and (ii) such consent as aforesaid shall be
given only in cases where to grant such permission would not
(having regard to all the circumstances) offend the doctrinal
standards.
This clause was inserted and consequential amendments made in
clause (3) in 1983. For the consent required see S.O. 920(3).
(3) Subject to sub-paragraphs (2) and (2A) of this paragraph
and to any provision of the Act of 1969 or of any sharing
agreement made thereunder affecting the property or any part
thereof, the managing trustees shall not permit any person,
at any service or meeting for religious worship held at or in
any part of any premises comprised in the property, so to
preach or expound God's Holy Word or perform any act as to
deny or repudiate the doctrinal standards. For the doctrinal
standards see cl. 4 of the Deed of Union (Book II, Part 1).
15 Cemeteries and burial grounds.
Subject to the provisions
of this Schedule, it shall be lawful for the managing
trustees to sell, subject to such restrictions and conditions
as they think proper and either in perpetuity or for a
limited time, the exclusive right of burial (and of the right
of one or more burials) in any part of any cemetery or burial
ground comprised in the property, and also the right of
erecting and placing any monument,gravestone, tablet or
monumental
inscription in such cemetery or burial ground.
16 General powers of managing trustees.
Subject to any
statutory restriction and to the provisions of this Schedule,
the managing trustees may
(a) borrow such sum or sums as they consider necessary or
expedient for the execution of any purpose of or the exercise
of any power or
the performance of any duty conferred or imposed on them,
under this Schedule or any other statutory or other legal
provision and may mortgage or charge the property or any part
thereof to secure any sum borrowed by them;
(b) sell the property or any part thereof for the best price
that can reasonably be obtained; (c) grant or renew any
licence for the use of the whole or any part of any land
comprised in the property for such period and for such
reasonable payment and otherwise subject to such conditions
as the managing trustees shall think fit; (d) build, repair,
alter, enlarge, demolish or rebuild and furnish any building,
structure or works of any description whatsoever and
generally improve any part of any land comprised in the
property, except where such land or any part thereof is in the
actual possession of a mortgagee as such under a mortgage
which contains a
provision to the contrary;
(e) let or re-let for any term at a rack rent, or on a lease
for a premium, rent, royalty, share of profits or other
consideration or any combination thereof, any part of the land
comprised in the property or any timber, mineral or other
rights therein;
(f) sell any timber, minerals or other products of or
substance in or on any part of any land comprised in the
property; (g) provide facilities of any kind for any tenant
or occupant of any land comprised in the property or any part
of such land; (h) dispose of the property or any part thereof
for development under a building lease or other arrangement
including or not including provisions for the acquisition by
the trustees of a freehold or leasehold interest (to be held
on the model trusts) in all or any part of any new premises
to be comprised in such development; (i) bring or defend
any action relating to the property; (j) refer or join in a
reference to arbitration of any disagreement or dispute which
may arise between the trustees and any other person in
relation to the property; (k) delegate all or any of their
powers or duties under these trusts to the Conference or to
any Connexional, District, Circuit or local body of the
Church, or any Committee of any such body;
(l) appoint and dismiss such Committees, Stewards or
Treasurers or other officers or servants as may be necessary
and expedient in respect of the property or any part thereof;
and
(m) determine what is necessary or expedient for the purposes
of the management of the property.
As to (i) and (j) see S.O. 931(5), (6).
As to (k) see S.O. 911.
As to (l) see S.O. 912.
17 Investment.
Subject to the provisions
of this Schedule,
the managing trustees may invest any moneys requiring
investment in or upon any investment for the time being
authorised by law for the investment of trust funds or in any
common investment fund or deposit fund for the time being
constituted by or pursuant to the scheme contained in the
First Schedule of the Act of 1960. See S.O. 914.
For the First Schedule to the Act of 1960 see Vol. 1, p. 56.
18 Proceeds of sale and other dispositions.
(1) The trustees
shall hold any property to which this paragraph is applicable
upon trust for such purpose or purposes of the Church and in
such manner as the Conference shall declare by Standing Order
made pursuant to sub-paragraphs 1(e)
and (2) of the next following paragraph, or as the Conference
or the Methodist Council shall direct pursuant to any
Standing Order made pursuant to the said provisions of the
next following paragraph, as the case may be.
See S.O. 916 and 955.
(2) This paragraph shall apply to
(a) all moneys which shall be paid or payable to the trustees
(whether by one or more or successive or recurrent payments)
on or pursuant to any sale, letting or other disposition of
the property or any part thereof or of any interest therein
made by the managing trustees in exercise of any power in
that behalf conferred on them under any provision of
paragraphs 15 or 16 of this Schedule; and
(b) all existing Circuit Advance Funds.
19 Standing Orders.
(1) Without prejudice to the generality
of its powers as the governing body of the Church conferred
by this Act and the Deed of Union, and without prejudice to
any other provision of this Act or the said Deed expressly
requiring or authorising it to prescribe any matter or thing
by Standing Orders or otherwise, the Conference shall by
Standing Orders declare, prescribe or regulate, in the manner
provided in the next following sub-paragraph, the following
matters or things, namely:
(a) when and in what manner and subject to what procedure,
requirements or conditions the managing trustees may exercise
any power conferred on them under any provision of paragraphs
15, 16 or 17 of this Schedule;
(b) the duties and terms of appointment of any Committee,
Steward, Treasurer or other officer or servant appointed by
the managing trustees pursuant to sub-paragraph (l) of
paragraph 16 of this Schedule;
(c) subject to the provisions of subsection (2) of section 6
(Contributions to investment funds and deposits in deposit
funds to be authorised investments) of the Act of 1960 but
otherwise without regard to general law or the effect of any
statutory or other legal provision, what part of the property
shall be deemed to be capital and what part of the property
shall be deemed to be income for the purposes of the
administration of these trusts;
(d) subject to the next following provision of this sub-
paragraph, the manner in which the managing trustees may
apply capital and income for the purposes of these trusts; (e)
the purpose or purposes of these trusts or of the Church for
which and the manner in which the trustees shall hold any
property to which paragraph 18 of this Schedule is applicable;
(f) subject to any statutory requirement or regulation, what
accounts shall be kept by the managing trustees and what
arrangements shall be made by the managing trustees for the
audit of such accounts; (g) any such other matter or thing
being consistent with this Act and Methodist practice as the
Conference may deem expedient in relation to the property and
the model trusts, which (for the avoidance of doubt) may
include provisions enabling any
managing trustee or trustees to contract on their own account
with their co-trustees, to receive and retain remuneration or
other benefits out of trust moneys or from elsewhere for acts
done in connection with those trusts, or to purchase trust
property, and so that any such provision shall prescribe the
circumstances in and extent to which they may do so and any
conditions as to disclosure, approval by their co-trustees,
abstention or otherwise which must be met.
As to (a) see Part 9 of Standing Orders generally, and
Sections 92 and 93 in particular. As to (b) see S.O. 912 and
the S.O.s listed in the note to S.O. 912(2). As to (c) see
S.O. 915 and as to (d) S.O. 916 and 917.
As to (e) see S.O. 916, 927, 955 and 970.
As to (f) see S.O. 913.
As to the last part of (g) see S.O. 919.
(2) In the exercise of its duty under the foregoing sub-
paragraph the Conference may from time to time make any
Standing Order declaring, prescribing or regulating the whole
or any part of any such matter or thing or providing that the
whole or any part of such matter or thing shall, in the
circumstances specified in such Standing Order, be subject to
the direction of the Conference or of the board of the
Methodist Council. (3) Without prejudice to the generality of
sub-paragraph (1)(g) of this paragraph, and for the avoidance
of doubt, it is hereby declared that the Conference may by
Standing Order empower the Methodist Council:
(a) to require the trustees of any model trust property to
restore and reinstate in such manner as the council may
direct any part or the whole of that model trust property if
it has been altered, demolished or destroyed in breach of
trust or of any Standing Order, direction or authority made
or given under or pursuant to any provision of this Act or
without, or contrary to the conditions of, any approval or
consent required by this Schedule or by any Standing Orders
made under it; and
(b) in default of compliance with any such requirement, to
carry out the required works of restoration and reinstatement
and charge the cost to the trustees, who shall pay the amount
so charged.
See S.O. 985(4).
20 Special powers on disposal of property.
(1) If the board
of the Property Division shall consider that any purpose of
the Church would thereby be advanced, it shall be lawful for
such board to authorise the trustees of any model trust
property, by a written authority under the hand of its
General Secretary or of any other person authorised by such
board in that behalf to dispose of such property or any part
thereof, in any manner whatsoever to any person upon trust
for such purpose of the Church without the payment or
provision of any consideration or for the payment or
provision of less consideration than might otherwise be
reasonably obtainable in respect of such property or such
part thereof, and it shall be lawful for such trustees to
enter into any transaction pursuant to such authority.
The functions of the board of the Property Division (which
no longer exists) are now exercisable by the Methodist
Council by virtue of the definition of the latter in cl. 1
above, but the name remains in this clause, which is
unamendable (see cl. 27). For similar reasons the functions
of the General Secretary of the board are now exercisable by
the Property Secretary. For the conditions upon which model
trust property can be disposed of to a Housing Association
under this paragraph see S. O. 935.
(2) Where any model trust property or any part thereof
comprises or includes a place of worship or a former place of
worship, then, if the board of the Property Division shall
consider that any purpose of the Church would thereby be
advanced or tend to be advanced, such board may, by a written
authority given under the hand of its General Secretary, or of
any other person authorised by such board in that behalf,
authorise the trustees of such model trust property or such
part thereof to dispose of such property or such part thereof
subject to any restriction (to be specified in such written
authority) of the use of any land and any building or part of
any building comprising such place of worship or former place
of worship; and any transaction entered into by the trustees
of such model trust property or such part thereof pursuant to
any such authority shall not be capable of being impugned by
reason of any such restriction. As to the board of the
Property Division and its General
Secretary see the first note to cl. (1) above. See S.O.
943(4). (3) In the foregoing sub-paragraph former place of
worship' means any property which was formerly a place or
part of a place of worship but which, in the opinion of the
board of the Property Division, ceased to be such a place or
part of such a place not more than twenty years before the
date of any written authority affecting the said property
given by the said board pursuant to the powers contained in
the foregoing sub-paragraph. As to the board of the Property
Division see the first note to cl. (1) above.
21 Trustees to comply with Standing Orders.
The trustees
shall not exercise or perform or concur in the exercise or
performance of any discretion or power conferred or duty
imposed by any provision of this Schedule, or by any other
statutory or other legal provision, save in accordance with
any Standing Order and any direction or authority respectively
made or given under or pursuant to any provision of this Act:
Provided that, in the event of any conflict between any such
Standing Order or any such authority or direction and any
provision of the Act of 1969 or any sharing agreement made
pursuant thereto and affecting any such model trust property,
the provision of that Act or agreement shall prevail.
21A Proceedings for Enforcement.
Without prejudice to any
other power in any person or body to take proceedings with
respect to the model trusts each of the following shall be
entitled at any time and without the concurrence of any other
person or body to commence and prosecute proceedings in any
court for the
enforcement of the model trusts or for the restraint of any
breach or prospective breach of the model trusts or of any
Standing Order, direction or authority made or given under or
pursuant to any provision of this Act, namely: (a) the
Board; (b) the Property Secretary [. . .]; and
(c) any other person authorised in this behalf by the
Methodist Council. See S.O. 985(3)(ii).
22 Declarations of preference.
Subject to the provisions of
the foregoing paragraph the managing trustees shall, in the
exercise or performance in relation to any model trust
property or any part thereof, of any discretion or power
conferred or duty imposed by this Schedule or by any other
statutory or other legal provision, give consideration to any
declaration of preference, made pursuant to section 12
(Future model trust settlements) of this Act or deemed to have
been so made by virtue of section 15 (Gifts to Local Churches
or Circuits) of this Act, in respect of such property or such
part thereof, but shall not be bound to give effect thereto.
For ss. 12 and 15 of the Act see Vol. 1 pp. 17 and 19.
23 Redundancy.
(1) The Conference may resolve that in the
opinion of the Conference any model trust property (other
than any such property held by the Board upon the model trusts
under paragraph 4(2) of this Schedule) or any part thereof
has become redundant or that its retention is not a
practicable means of advancing any purpose of the Church, and
may (by the same or any subsequent resolution) further
resolve that in the opinion of the Conference such property or
part thereof ought to be sold, and upon the passing of such
further resolution the Board shall, by virtue of this Act and
without further assurance, cease to be the custodian trustees
upon the model trusts and shall become the trustees of such
property or part thereof to the exclusion of the managing
trustees thereof, and shall hold such property or part thereof
upon trust to sell the same and to hold the proceeds of sale
upon trust (after discharge of any incumbrance or of any
liability in respect of which any previous trustees or
managing trustees and the Board as the previous custodian
trustees shall be entitled to indemnity) to apply the same for
any purpose of the Church in accordance with such scheme as
may be made or approved by the Conference or by the board of
the Property Division.
As to the board of the Property Division the first note to
cl. 20(1) applies to this clause also. As to the meaning of
the Board' see the note at the head of para. 1 above.
(2) The provisions of sub-paragraphs (2) and (3) of paragraph
20 of this Schedule shall apply in the case of any
disposition of any model trust property or any part thereof by
the Board pursuant to the foregoing sub-paragraph as if any
reference to the trustees of such property in any of such
provisions were a reference to the Board:
Provided that where any model trust property or any part
thereof comprises or includes a place of worship or a former
place of worship and, pursuant to the provisions of the
foregoing sub-paragraph, such model trust property or such
part thereof is to be sold by the Board to a person who
worshipped in such place of worship or former place of worship
as a member or adherent of the Church immediately before the
Conference resolved that such property or such part thereof
ought to be sold and who proposes to use such place of worship
or former place of worship for the purposes of Christian
religious worship, nothing in sub-paragraphs (2) and (3) of
paragraph 20 of this Schedule as hereinbefore in this sub-
paragraph applied, shall enable the board of the Property
Division to authorise the Board, when selling such model trust
property or such part thereof to such person, to impose any
restriction excluding the use for the purposes of Christian
religious worship of any land or any building or part of any
building comprising such place of worship or former place of
worship.
As to the board of the Property Division see the first note
to cl. 1 above. As to the meaning of the Board' see the note
at the head of para. 1 above.
24 Protection of trustees.
(1) The amount of any sum
properly borrowed for the purposes of these trusts upon the
personal security of the managing trustees shall be deemed to
be charged upon and secured by a lien against the property or
such part thereof in respect of which such sum was borrowed,
for the amount of such sum in favour and for the indemnity of
such trustees, but no such charge or lien shall have any
effect as against a purchaser, mortgagee, lessee or other
person under a sale, mortgage, charge, lease or other
disposition made for value in execution of these trusts,
whether made with or without notice of that charge or lien.
(2) The trustees shall not be (a) liable for any
involuntary loss suffered by them nor for any injury done by
any other person to the property;
(b) accountable for more money than comes to their hands; or
(c) responsible for the repair and upkeep of the property,
except to the extent of funds available or supplied to them
for that purpose.
25 Receipts.
Any receipt given on behalf
of
(a) the Board by the person who purports to be the treasurer
or the secretary for the time being of the Board; or
(b) the managing trustees by the persons purporting to be the
managing trustees or the majority of such trustees or by any
person purporting
to be the General Secretary, Steward, Treasurer or other
officer entitled to give such receipt on behalf of the
managing
trustees;
shall be a good and sufficient discharge for all moneys or
other property therein acknowledged to have been received,
and any person who shall have paid, delivered or transferred
any such property shall be exonerated by such receipt from
all liability to enquire whether the Board or the managing
trustees were the proper recipients of such moneys or
property, and from all liability to see to the application
thereof, and from all loss arising by or in consequence of the
misapplication or non-application of the same.
As to the meaning of the Board' see the note at the head of
para. 1 above.
26 Protection of purchasers.
(1) For the purposes of this
paragraph
document' means, in relation to a purchaser, the document
transferring, creating or evidencing any interest;
interest' means, in relation to any model trust property or
any part thereof and to any purchaser, any interest in or
charge on such property or such part thereof or the benefit
of any covenant or agreement expressed to be entered into by
the trustees or the managing trustees of such property or such
part thereof; memorandum of consent' means a memorandum
signed by the Property Secretary [. . .] or by any other
person authorised by the Methodist Council in that behalf and
attested by two witnesses present at the time of such
signature, consenting to the transaction therein mentioned;
purchaser' means, in relation to any model trust property or
any part thereof, any person acquiring an interest from the
trustees or managing trustees thereof in good faith and for
money or money's worth, and includes the successors or
assigns of such person.
(2) A statement in a document to the effect that
(a) any person named as a party to such document and
purporting to execute the same as the sole managing trustee
of any model trust property or any part thereof, is such sole
managing trustee;
(b) any persons together named as a party to such document
and purporting to execute the same as the managing trustees
of any model trust property or any part thereof, are such
managing trustees; or
(c) any three or more persons together described as the
managing trustees of any model trust property or any part
thereof and named as a party to such document purporting to
be executed by any two or more of such persons pursuant to
section 82 of the Charities Act 1993, are such managing
trustees;
shall, in favour of a purchaser, be conclusively presumed to
be true.
Under s. 82 of the Charities Act 1993 (formerly s. 34 of the
Charities Act 1960) charity trustees can confer authority on
two or more of their number to execute documents in the names
and on behalf of the trustees for the purpose of giving effect
to transactions to which the trustees are a party.
(3) If, before any transaction creating or purporting to
create an interest has been entered into, a memorandum of
consent in respect of such transaction has been executed, then
such interest shall not, as against the purchaser, be capable
of being impugned on the ground that such transaction was not
within the powers conferred on managing trustees under the
model trusts or that such transaction was entered into in
breach of Standing Orders. (4) For the purpose of this
paragraph, if a memorandum of consent shall purport to have
been signed and attested as mentioned in sub-paragraph (1) of
this paragraph, then, on proof (whether by evidence or as a
matter of presumption) of the signature such memorandum shall
be presumed to have been so signed and attested, unless the
contrary is shown.
27 Amendment of model trusts.
(1) Subject to the two next
following sub-paragraphs, the Conference may by special
resolution amend, repeal or add to the provisions of this
Schedule except the provisions of paragraphs 12,17,20,21, 23,
and 24 thereof and the provisions of this paragraph.
(2) The Conference shall make any amendment or repeal of or
any addition to the provisions of this Schedule by deferred
special resolution if such amendment repeal or addition
relates to or affects the provisions of paragraph 14 of this
Schedule or any amendment of or addition to such provisions.
(3) No amendment or repeal of or addition to the provisions of
this Schedule shall authorise the use or application of the
property or any part thereof for any purpose which is not a
purpose of the Church or incidental to a purpose of the
Church. (4) After any amendment or repeal of or addition to
the
provisions of this Schedule pursuant to sub-paragraph (1) of
this paragraph, any reference to this Schedule or to the model
trusts in this Act or in any other statutory or other legal
provision shall be deemed to be a reference to this Schedule
or to the model trusts respectively subject to such amendment,
repeal or addition. (5) The Conference may procure that any
such amendment, repeal or addition may at any time and from
time to time be embodied in a deed poll under the hand and
seal of the President of the Conference for the time being
and the
Conference shall procure that any such deed poll shall,
within three months after the execution, be sent to the office
of the Commissioners for the purpose of being enrolled in the
books of the Commissioners pursuant to section 25 of the
Charities Act. Section 25 of the Charities Act 1960 has been
repealed and re-enacted as section 30 of the Charities Act
1993, to which the provisions of this clause should therefore
now be read as referring.