Commonwealth Institute Act 1958 (Repealed)

Commonwealth Institute Act 1958

1958 CHAPTER 16 6 and 7 Eliz 2

An Act to amend the law with respect to the Imperial Institute.

[13th March 1958]

1 The Commonwealth Institute, and the Trustees. U.K.

(1) The organisation which exists by virtue of the M1 Imperial Institute Act 1925 (in this Act referred to as “the principal Act”) shall be known as the Commonwealth Institute.

(2) The body which was constituted by subsection (1) of section nine of the M2 Imperial Institute (Transfer) Act 1902, under the name of the Imperial Institute Trustees and re-constituted by subsection (1) of section two of the principal Act, shall subsist under the name of the Commonwealth Institute Trustees and is in this Act referred to as “the Trustees”.

Marginal Citations

M1 1925 c. xvii.

M2 1902 c. cxxxix.

2 Change of membership in Trustees, and consequential provisions. U.K.

(1) As from the passing of this Act, the persons who constitute the Trustees shall, in lieu of being those specified in subsection (1) of section two of the principal Act, be [F1 the Secretary of State for Foreign and Commonwealth Affairs], . . . . . . F2 , [F3 the Secretary of State for Education and Employment] and three persons appointed by [F4 the Secretary of State for Foreign and Commonwealth Affairs].

(2) [F4 The Secretary of State for Foreign and Commonwealth Affairs] shall be the responsible Minister for the purposes of the principal Act.

(3) Such of the persons constituting the Trustees as, on the passing of this Act, hold office by virtue of appointment under the said subsection (1) shall be deemed to have been appointed under this section.

(4) The Trustees shall be a body corporate with perpetual succession and a common seal . . . . . . F5

Textual Amendments

F1 Words substituted by virtue of S.I. 1966/950, art. 2(2)(a) and 1968/1657, arts. 2, 3(a)

F2 Words repealed by S.I. 1967/486, art. 5(2)

F3 Words in s. 2(1) substituted (1.1.1996) by S.I. 1995/2986, arts. 1(2), 11, Sch. para. 3

F4 Words substituted by virtue of S.I. 1964/490, arts. 2(1), 3(2), 1967/486, arts. 2(1)(a), 5(1) and 1968/1657, arts. 2, 3(a)

F5 Words repealed by Statute Law Revision Act 1963 (c. 30)

3 Provisions as to new building. U.K.

Whereas by a lease dated the ninth day of January, nineteen hundred and fifty-eight (hereafter in this Act referred to as “the lease”) the Right Honourable Giles Stephen Holland, Earl of Ilchester, demised to the Minister of Works certain land in the Royal Borough of Kensington (which is more particularly described in the First Schedule to this Act) for a term of nine hundred and ninety-nine years from the first day of August, nineteen hundred and fifty-seven, in consideration of the payment of a premium of two hundred and fifteen thousand pounds and the reservation of a rent of ten pounds a year:

And whereas the grant to the said Minister was made, in the contemplation of the parties to the lease, with a view to the transfer by this Act from that Minister to the Trustees of his interest in the premises demised by the lease, to the intent that the Trustees should erect thereon a building (in this section referred to as “the new building”) in substitution for the Imperial Institute Building, and accordingly by the lease that Minister covenanted to erect such a building:

Now, therefore:—

(1) on the passing of this Act, the premises demised by the lease shall vest in the Trustees for the unexpired residue of the term created thereby and thereupon the Minister of Works shall stand discharged from all obligations imposed on him by or by virtue of the lease;

(2) the new building shall be erected in accordance with plans and specifications approved by [F6 the Secretary of State for Foreign and Commonwealth Affairs] and have floor space of an area of approximately one hundred and twenty-five thousand square feet;

(3) the premises demised by the lease (including the new building and any building erected in substitution therefor) shall be under the management of [F6 the Secretary of State for Foreign and Commonwealth Affairs].

Textual Amendments

F6 Words substituted by virtue of S.I. 1964/490, arts. 2(1), 3(2), 1967/486, arts. 2(1)(a), 5(1) and 1968/1657, arts. 2, 3(a)

4 Surrender of Trustees’ interest in Imperial Institute Building. U.K.

The Trustees shall, at such times as [F7 the Secretary of State for Foreign and Commonwealth Affairs] requires, surrender to [F8 the Secretary of State for the Environment] their interest in such portions of the Imperial Institute Building as are specified in the requisition, and accordingly references in the principal Act to that building shall be construed as references to as much thereof as the Trustees have for the time being an interest in.

Textual Amendments

F7 Words substituted by virtue of S.I. 1964/490, arts. 2(1), 3(2), 1967/486, arts. 2(1)(a), 5(1) and 1968/1657, arts. 2, 3(a)

F8 Words substituted by virtue of S.I. 1962/1549, art. 2(1) and 1970/1681, arts. 2(2), 6(3)

5 Power of lending and disposing of objects. U.K.

(1) [F9 The Secretary of State for Foreign and Commonwealth Affairs] may—

(a) lend for public exhibition in the United Kingdom or elsewhere any object comprised in the collections maintained for the purposes of the Commonwealth Institute;

(b) sell, or otherwise dispose of, any such object as aforesaid which appears to him to have become useless for the purposes aforesaid.

(2) The said [F9 Secretary of State] may, if requested so to do by the Government of any part of the Commonwealth outside the United Kingdom, sell or give to it for exhibition in that part of the Commonwealth any such object as aforesaid, if he is of opinion that it is more appropriate for it to be exhibited there than in the United Kingdom.

(3) Any sums received by the said [F9 Secretary of State] in consequence of an exercise of the powers conferred on him by this section shall be paid into the Exchequer.

Textual Amendments

F9 Words substituted by virtue of S.I. 1964/490, arts. 2(1), 3(2), 1967/486, arts. 2(1)(a), 5(1) and 1968/1657, arts. 2, 3(a)

6 Expenses. U.K.

(1) Any expenses incurred by the Trustees in performing the obligations imposed, or exercising the rights conferred, on them by or by virtue of the lease shall be defrayed by [F10 the Secretary of State for Foreign and Commonwealth Affairs].

(2) Any expenses defrayed by the said [F10 Secretary of State] under the foregoing subsection and any expenses incurred by him in connection with the Commonwealth Institute shall, except in so far as they are defrayed out of the income of the Endowment Fund or out of sums received by him for the purposes of the Institute or otherwise in the exercise of his powers and duties under the principal Act, be paid out of moneys provided by Parliament.

Textual Amendments

F10 Words substituted by virtue of S.I. 1964/490, arts. 2(1), 3(2), 1967/486, arts. 2(1)(a), 5(1) and 1968/1657, arts. 2, 3(a)

7 Minor and consequential amendments. U.K.

(1) The provision of the principal Act specified in the first column of the Second Schedule to this Act shall have effect subject to the amendments respectively specified in relation thereto in the second column of that Schedule (being minor amendments and amendments consequential on the foregoing provisions of this Act).

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F11 S. 7(2) repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3

Modifications etc. (not altering text)

C1 The text of ss. 7(1), Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

8 Short title, interpretation and repeals. U.K.

(1) This Act may be cited as the Commonwealth Institute Act 1958.

(2) In this Act “the Imperial Institute Building” means the land referred to by that name in the principal Act and “the Endowment Fund” means the fund so referred to.

(3) References in this Act to the principal Act shall be construed as references to that Act as amended by the Imperial Institute (Variation of the M3 Act of 1925) Order 1949, and the Imperial Institute (Variation of the M4 Act of 1925) Order 1953 (made under section eight of the principal Act) and by the M5 Transfer of Functions (Imperial Institute) Order 1949 (made under subsection (1) of section one of the Ministers of the M6 Crown (Transfer of Functions) Act 1946).

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F12 S. 8(4) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

Marginal Citations

M3 S.I. 1949 No. 480

M4 S.I. 1953 No. 1201

M5 S.I. 1949 No. 588

M6 1946 c. 31.

SCHEDULES

Section 3.

FIRST SCHEDULE U.K. Description of land on which new building is to be erected

All that piece of land having an area of three and a quarter acres or thereabouts situate on the north-west side of Kensington High Street in the Royal Borough of Kensington in the County of London, bounded on the south-east by Kensington High Street and on the north-east by the entrance drive leading to Holland Park Open Space and having a frontage to Kensington High Street of one hundred and twenty-four feet or thereabouts and with a further frontage of twenty-five feet or thereabouts, being half the width of the private road adjoining Number 240 Kensington High Street.

Section 7

SECOND SCHEDULE U.K. MINOR AND CONSEQUENTIAL AMENDMENTS OF PRINCIPAL ACT

Modifications etc. (not altering text)

C2 The text of ss. 7(1), Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Provision amended and subject matter thereof	Amendment
Section two (The Trustees)	For the words “ the Imperial Institute Trustees”, wherever they occur, there shall be substituted the words “ the Commonwealth Institute Trustees”.
Section four (Application of property)	For the words “ the purposes of the Imperial Institute” there shall be substituted the words “ the purposes of the Commonwealth Institute” and for the words “ the Imperial Institute Trustees” there shall be substituted the words “ the Commonwealth Institute Trustees”.
Section five (Powers of management).	For the words “ the Imperial Institute” there shall be substituted the words “ the Commonwealth Institute”.
Section eight (Power to vary provisions of Act).	For the words “ the self-governing Dominions and India” there shall be substituted the words “ any of the countries mentioned in subsection (2) of this section”, for the words “ the Imperial Institute”, wherever they occur, there shall be substituted the words “ the Commonwealth Institute” and at the end of the section there shall be added the following subsection:— “(2) The countries hereinbefore referred to are Canada, Australia, New Zealand, The Union of South Africa, India, Pakistan, Ceylon, Ghana and the Federation of Malaya.”
First Schedule (Purposes of the Imperial Institute).	For the words “ the Imperial Institute”, wherever they occur, there shall be substituted the words “ the Commonwealth Institute”.

F13 F13 THIRD SCHEDULES U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Sch. 3 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI