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Charities Act 2011

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301Powers of appointment deriving from pre-1927 powers

(1)Subsection (2) applies where, outside Greater London (other than the outer London boroughs), overseers of a parish as such were formerly (in 1927) charity trustees of or trustees for any charity, either alone or jointly with other persons.

(2)Instead of the former overseer trustees there are to be trustees (to a number not greater than that of the former overseer trustees) appointed—

(a)by the parish council or, if there is no parish council, by the parish meeting, or

(b)(in Wales) by the community council or, if there is no community council, by the county council or (as the case may be) county borough council.

(3)In the case of an urban parish existing immediately before the passing of the Local Government Act 1972 which after 1st April 1974 is not comprised in a parish, the power of appointment under subsection (2) is exercisable by the district council.

(4)In this section “formerly (in 1927)” relates to the period immediately before 1 April 1927 and “former” is to be read accordingly.

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