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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Health Services Charitable Gifts
Bill 2010
A BILL FOR
An Act to establish the Health Services Charitable Gifts Board; to provide
for the administration of gifts to public health entities; to repeal the Public
Charities Funds Act 1935; and for other purposes.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Interpretation
4Public health
entity
Part 2—Health
Services Charitable Gifts Board
5Establishment of
Board
6Removal from
office
7Casual vacancies
8Acting
Commissioner
9Procedures
10Vacancies or defects in appointment
of Commissioners
11Remuneration
12Executive
officer
13Staff of Board
Part 3—Functions of
Board
14Functions
15Certain gifts
vest in Board as part of charitable assets
16Public health
entity may transfer property to the Board
17Application of
charitable assets
18HAC may apply to
transfer property to Board
19Board may establish
charitable health trusts
20Board may act as trustee or
co-trustee
21Trusts administered by Board
Part 4—Miscellaneous
22Advisory
committees
23Town Acre 86 fund
24Board to transfer
specified property to HAC on application
25Duty of
Registrar-General
26No duty or tax payable
27Accounts and
audit
28Reports
29Delegations
30Regulations
Schedule 1—Specified
bodies and parts of the charitable assets
section 15)
section 19)
section 22)
1Constitution
of Committee
2Functions
3Procedures
4Reports
Schedule 3—Repeal
and transitional provisions
Part 1—Repeal
1Repeal of
Public Charities Funds Act 1935
Part 2—Transitional
provisions
2Preliminary
3Commissioners
continue in office
4Vesting of
property
5Validation of past acts etc.
6Intellectual
Disability Services Council and Metropolitan Domiciliary Care Services
trusts
7Other
matters
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Health Services Charitable Gifts
Act 2010.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act—
Board means the Health Services Charitable Gifts Board
established under
section 5;
charitable assets means the property vested in, or
transferred to, the Board under
section 15 or
transferred to the Board under
section 16;
Commissioner—see
section 5(3);
HAC means a Health Advisory Council established under the
Health
Care Act 2008;
health service has the same meaning as in the Health
Care Act 2008;
prescribed research body means a person or organisation that
is involved in health or medical research and is prescribed by regulation for
the purposes of this definition;
property means real or personal property
including—
(a) a chose in action; and
(b) a legal or equitable estate or interest in the property;
public health entity—see
section 4;
repealed Act means the Public
Charities Funds Act 1935.
(1) Subject to
subsection (2), the
Governor may by proclamation declare an entity, or part of an entity, engaged in
the provision of a health service to be a public health entity for the purposes
of this Act.
(2) A proclamation
under this section may not declare—
(a) a HAC; or
(b) a prescribed research body; or
(c) a private hospital within the meaning of the Health
Care Act 2008; or
(d) an entity, or part of an entity, that is not eligible, under the
Income Tax Assessment Act 1997 of the Commonwealth, to receive income tax
deductible gifts,
to be a public health entity for the purposes of this Act.
Part 2—Health
Services Charitable Gifts Board
(1) The Commissioners of Charitable Funds established as a body corporate
under the repealed Act continues in existence as the Health Services
Charitable Gifts Board.
(2) The Board—
(a) is a body corporate; and
(b) has perpetual succession and a common seal; and
(c) is capable of suing and being sued; and
(d) has all the powers of a natural person that are capable of being
exercised by a body corporate; and
(e) has the functions and powers assigned or conferred by or under this or
any other Act.
(3) The Board
consists of 3 members (the Commissioners) nominated by the
Minister and appointed by the Governor of whom—
(a) 1 must have legal expertise and experience deemed suitable by the
Minister; and
(b) 2 must have expertise in the area of trusts or financial management,
or other expertise, knowledge or experience deemed suitable by the
Minister.
(4) A Commissioner will hold office for a period of 3 years on
conditions approved by the Governor.
(5) A Commissioner is eligible for re-appointment to the Board at the
expiration of a term of office.
The Governor may remove a Commissioner from office—
(a) for breach of, or non-compliance with, a condition of appointment;
or
(b) for misconduct; or
(c) for failure or incapacity to carry out official duties
satisfactorily.
(1) The office of a Commissioner becomes vacant if the
Commissioner—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) is disqualified from managing corporations under Chapter 2D
Part 2D.6 of the Corporations Act 2001 of the Commonwealth;
or
(e) is removed from office under
section 6.
(2) If the office of a Commissioner becomes vacant before the expiration
of his or her term of office, the person who fills the vacancy will hold office
for the balance of that term.
(a) the office of a
Commissioner has become vacant; or
(b) a Commissioner has
been, or is to be, absent from 2 or more consecutive meetings of the
Board,
the Minister may nominate a person for appointment as an acting
Commissioner.
(2) An acting Commissioner will be appointed by the Governor on conditions
approved by the Governor.
(3) An acting Commissioner—
(a) in the case of an acting Commissioner appointed under
subsection (1)(a)—holds
office until a person is appointed under
section 5 to fill
the vacancy; or
(b) in the case of an acting Commissioner appointed under
subsection (1)(b)—holds
office for the duration of the absence of the Commissioner referred to in
subsection (1)(b).
(4)
Sections 6
and
7 apply to an acting
Commissioner as if he or she were appointed under
section 5.
(1) The Commissioners must appoint 1 of their number as the Chair of
the Board.
(2) A quorum of the Board consists of 2 Commissioners.
(3) A decision carried by a majority of the votes cast by the
Commissioners present at a meeting of the Board is a decision of the
Board.
(4) A conference by telephone or other electronic means between the
Commissioners will, for the purposes of this section, be taken to be a meeting
of the Board at which the participating Commissioners are present
if—
(a) notice of the conference is given to all Commissioners in the manner
determined by the Board for the purpose; and
(b) each participating Commissioner is capable of communicating with every
other participating Commissioner during the conference.
(5) A proposed resolution of the Board becomes a valid decision of the
Board despite the fact that it is not voted on at a meeting of the Board
if—
(a) notice of the proposed resolution is given to all Commissioners in
accordance with procedures determined by the Board; and
(b) a majority of the Commissioners express concurrence in the proposed
resolution by letter, fax, email or other written communication setting out the
terms of the resolution.
(6) The Board must have accurate minutes kept of its meetings.
(7) Subject to this Act, the Board may determine its own
procedures.
10—Vacancies
or defects in appointment of Commissioners
An act or proceeding of the Board is not invalid by reason only of a
vacancy in its membership or a defect in the appointment of a
Commissioner.
(1) A Commissioner is entitled to remuneration, allowances and expenses
(payments) determined by the Governor.
(2) Payments to
Commissioners are to be deducted from the funds or trusts held by the Board
under this Act, in accordance with any guidelines, determined by the Board and
published in the Gazette, relating to the proportions in which payments may be
deducted from the trusts or the funds held under this Act.
(1) There will be an executive officer of the Board.
(2) The executive officer will be appointed by the Board on terms and
conditions determined by the Board.
(1) The Board may
appoint staff for the purposes of this Act.
(2) The terms and
conditions of employment of a person appointed under
subsection (1)
will be determined by the Board after consultation with the Chief Executive
of the administrative unit of the Public Service that is, under the Minister,
responsible for the administration of the Health
Care Act 2008.
(3) Staff of the Board are subject to the direction of the executive
officer.
(4) The Board may, by
arrangement with the relevant body, make use of the services of the staff,
equipment or facilities of an administrative unit or an instrumentality or
agency of the Crown.
The functions of the Board are as follows:
(a) to prudentially manage the charitable assets and apply such assets for
the benefit of public health entities or otherwise in accordance with this
Act;
(b) to act as a trustee in relation to certain other property in
accordance with this Act;
(c) to determine, after consultation with the Investment Advisory
Committee established in
Schedule 2 and any
other body considered appropriate by the Board, appropriate investment
strategies for the charitable assets and other property vested in the Board
under this Act;
(d) to consult with any body considered appropriate by the Board on the
application of funds by the Board under this Act and, in the case of funds to be
applied for the purposes of clinical equipment or research, to consult with any
prescribed research body and any advisory committee established under this Act
for the purpose of advising the Board on such an application of funds;
(e) to fulfil any fiduciary and other duties that arise out of the
functions of the Board under this Act;
(f) to provide advice to the Minister as may be appropriate;
(g) to carry out other functions assigned to the Board by or under this or
any other Act, or by the Minister.
15—Certain
gifts vest in Board as part of charitable assets
(1) Subject to this
section, a prescribed gift vests in the Board as part of the charitable
assets.
(2) Where a prescribed gift consists of property given by deed, will, or
otherwise, to an executor, trustee or other person in trust—
(a) the property must be transferred to the Board by the executor, trustee
or other person; and
(b) the Board must provide a receipt for the property so transferred (and
provision of the receipt by the Board discharges the executor, trustee or other
person in respect of the property).
(3)
Subsection (1)
does not apply to property given to a public health entity in the following
circumstances:
(a) if the property is
a chattel of a tangible nature and given to a public health entity for the use
of staff or patients of the entity (unless the public health entity has made a
written request to the Board that the gift, or gifts of that class, be subject
to
subsection (1));
(b) if the property is of a prescribed kind and given to a public health
entity in a prescribed manner (unless the Minister and the entity agree that the
property is to be subject to
subsection (1)).
(4) A public health
entity may apply to the Minister for an exemption from
subsection (1) in
respect of gifts made from an organisation whose primary purpose is to benefit
the particular public health entity.
(5) The Minister may grant an exemption under
subsection (4)
if the Minister considers it appropriate to do so in the
circumstances.
(6) An exemption granted under
subsection (4)
may be made subject to conditions determined by the Minister.
prescribed gift means—
(a) property given to a public health entity; or
(b) property given
(or purportedly given) to a body specified in
Schedule 1
clause 1; or
(c) property given
by deed, will or otherwise, to an executor, trustee or other person in trust for
a public health entity; or
(d) property given
(or purportedly given) by deed, will or otherwise, to an executor, trustee or
other person in trust for a body specified in
Schedule 1
clause 1.
(8) To avoid doubt, this section only applies to prescribed gifts
occurring after the commencement of this Act.
16—Public
health entity may transfer property to the Board
(1) A public health entity may, with the agreement of the Board, transfer
designated property to the Board and on such transfer the property becomes part
of the charitable assets for the purposes of this Act.
(2) In this section—
designated property means property given to a public health
entity before the commencement of this Act or before the entity was declared to
be a public health entity under this Act.
17—Application
of charitable assets
(1) The Board may apply the charitable assets for the benefit of a public
health entity or a prescribed research body.
(2) Once a gift by a
donor to, or for the benefit of, a public health entity has become part of the
charitable assets by virtue of this Act, the Board—
(a) holds the gift free from any trust to which the gift may have been
subject prior to becoming part of the charitable assets; and
(b) may give the whole or part of the gift to any public health entity or
prescribed research body (provided that, in so doing, the Board complies with
the requirements of
subsection (3)).
(3) In managing and
applying a portion of the charitable assets attributable to a particular donor
the Board must—
(a) consider the intent, as far as it may be reasonably ascertained, of
the donor; and
(b) so far as is reasonably practicable, apply that portion of the assets
in a manner that the Board considers is most likely to achieve the intention of
the donor.
(4) In managing and applying the charitable assets the Board does not act
as a trustee but the regulations may specify fiduciary and other duties to be
observed by the Board in managing and applying such assets.
18—HAC
may apply to transfer property to Board
(1) A HAC may make a request in writing to the Minister for permission to
transfer property to the Board to hold on trust for the benefit of a specified
public health entity, or part of a public health entity.
(2) The Minister
may grant a request if the Minister considers it appropriate to do so in the
circumstances.
(3) If the Minister grants a request under this section, the property is,
on such grant, vested in the Board by operation of this section.
(4) Despite any other provision of this Act, property vested in the Board
under this section—
(a) is free from any trust to which the property may have been subject
prior to being so vested; and
(b) is held on trust by the Board for the benefit of the entity, or part
of the entity, specified in the request.
(5) The Minister may,
on application by the HAC or on his or her own initiative, revoke a decision
under
subsection (2)
and require the Board to—
(a) if none of the property has been applied in accordance with this
Act—transfer to the HAC the property (or an amount of money determined by
the Minister to be equal to the value of the property) and an amount
representing interest earned by the Board on the property (determined by the
Minister after consultation with the Board); or
(b) if part of the property has been applied in accordance with this
Act—transfer to the HAC the remaining part of the property (or an amount
of money determined by the Minister to be equal to the value of that part of the
property) and an amount representing interest earned by the Board on that part
of the property (determined by the Minister after consultation with the
Board).
(6) To avoid doubt, a revocation by the Minister under
subsection (5) does
not revive any trust to which the property was subject prior to being vested in
the Board.
19—Board
may establish charitable health trusts
(1) The Minister
may direct the Board to establish a trust on terms determined by the Minister (a
charitable health trust).
(2) The Minister may
transfer property of the Crown to the Board to hold on trust for the purposes of
a charitable health trust.
(3) The Board may only invest any funds transferred to the Board in
accordance with
subsection (2) in a
manner determined by the Minister with the agreement of the Treasurer.
(4) The Minister may
determine that property specified in
Schedule 1
clause 2 should, instead of being held by the Board as part of the
charitable assets, be held by the Board on trust for the purposes of a
particular charitable health trust (and, on such a determination being made, the
property will be taken to be held by the Board for the purposes of the
charitable health trust and will not form part of the charitable
assets).
(5) If a determination has been made under
subsection (4), the
Minister may direct that, despite
section 15,
property referred to in
paragraphs (b)
or
(d) of the definition
of prescribed gift in
section 15(7) will,
if given after the commencement of this section, be taken to vest in the Board
on trust for the purposes of the charitable health trust to which the
determination relates (and the property will not form part of the charitable
assets).
(6) The Minister may—
(a) vary the terms of a charitable health trust; or
(b) direct the Board to wind up a charitable health trust in accordance
with any requirements prescribed by the regulations and any other directions of
the Minister.
(7) The Board must, at the request of the Minister, provide advice to the
Minister in relation to a charitable health trust.
(8) A person nominated by the Minister, or a delegate of that person, may
be present at a meeting of the Board when the Board is discussing matters
relating to a beneficiary of a charitable health trust at the meeting.
(9) The regulations may make further provision in relation to the
establishment of charitable health trusts generally, or a particular charitable
health trust.
20—Board
may act as trustee or co-trustee
The Board may act as a trustee or co-trustee in respect of a trust where
the Board is named or otherwise asked to act as a trustee or
co-trustee.
21—Trusts
administered by Board
To avoid doubt, if property is held on trust by the Board under
section 18,
19 or
20—
(a) the property does not form part of the charitable assets;
and
(b) the Trustee
Act 1936 (subject to any exclusions or modifications prescribed by
regulation) applies in relation to such trusts.
(a) must establish the
Investment Advisory Committee in accordance with
Schedule 2;
and
(b) may, subject to
subsection (2),
establish other committees to provide advice on any matter affecting the
administration of this Act as the Board thinks fit.
(2) If the Minister
directs the Board to establish a committee to advise it on the application of
funds for the purposes of clinical equipment or research, the Board must
establish such a committee under
subsection (1)(b).
(3) A member of an advisory committee established under
subsection (1)(b)
will be appointed by the Minister on the nomination of the Board and the member
holds office on terms and conditions determined by the Minister with the
agreement of the Board.
(4) The procedures to be observed in relation to the conduct of the
business of an advisory committee established under
subsection (1)(b)
will be—
(a) as determined
by the Board; or
(b) insofar as the procedure is not determined under
paragraph (a),
as determined by the relevant committee.
The land described as "Town Acre 86, City of Adelaide, Hundred of
Adelaide", being the whole of the land comprised in Certificate of Title
Volume 5191 Folio 871, held by the Commissioners of Charitable Funds
under the repealed Act continues to be held by the Board under this Act in
perpetuity for the benefit of the Royal Adelaide Hospital.
24—Board
to transfer specified property to HAC on application
(1) A HAC may, with the
agreement of the Minister, apply to the Board for the transfer of specified
property forming part of the charitable assets if the property was, immediately
before the commencement of this Act, held on trust by the Commissioners of
Charitable Funds under the repealed Act for the benefit of a particular health
service.
(2) The Board must, on receipt of an application under
subsection (1),
transfer the specified property to the HAC in accordance with any requirements
of the Minister or the HAC.
(1) The Registrar-General must, on application by the Board or a HAC, and
on being satisfied that an interest in land has vested in the Board or the HAC
under this Act, and on production of duplicate certificates of title (if any)
relating to the land, issue such new certificates of title, or make such entries
and notations on existing certificates of title, as may be necessary to evidence
vesting of the relevant interest.
(2) If an application has been made under this section, the
Registrar-General may require the applicant to furnish—
(a) any instrument evidencing former title to the land or any existing or
former interest in the land; and
(b) a plan of the land to which the application relates, certified by a
licensed surveyor.
No duty or tax is payable under a law of the State in respect of any
vesting, transfer, assignment, receipt given or anything else done under this
Act.
(1) The Board must keep proper accounting records in relation to its
financial affairs, and must have annual statements of account prepared in
respect of each financial year.
(2) The Auditor-General must, in respect of each financial year, audit the
accounts of the Board.
(1) The Board must, on
or before 31 October in each year, deliver to the Minister separate reports
on the operations of—
(b) subject to the regulations, any trust established under
section 19,
during the financial year ending on the preceding 30 June.
(2) Each report must include the audited accounts of the Board or trust
(as the case may be) for the relevant financial year.
(3) The report on the operations of the Board under
subsection (1)(a)
must include the report of the Investment Advisory Committee provided to the
Board under
Schedule 2
clause 4.
(4) The Minister must, within 12 sitting days after receiving each
report under this section, have copies of the report laid before both Houses of
Parliament.
(5) The regulations may prescribe the information required in a report
under this section.
(1) Subject to
subsection (2),
the Board may delegate a function or power conferred on the
Board—
(a) to a specified person or body; or
(b) to a person occupying or acting in a specified office or
position.
(a) may be made
subject to conditions or limitations specified in the instrument of delegation;
and
(b) may, if the instrument of delegation so provides, be further
delegated; and
(c) is revocable at will and does not prevent the Board from acting in a
matter.
(1) The Governor may
make such regulations as are contemplated by, or necessary or expedient for the
purposes of, this Act.
(2) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(c) provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Board.
Schedule 1—Specified
bodies and parts of the charitable assets
1—Specified
bodies (
section 15)
The following bodies are specified for the purposes of the definition of
prescribed gift in
section 15:
(a) the body known as the "Hanson Institute" or the "Hanson Centre for
Cancer Research" (however described in the terms attached to the
gift);
(b) the Institute of Medical and Veterinary Science established under the
(repealed) Institute
of Medical and Veterinary Science Act 1982.
2—Property
that may be held for the purposes of a charitable health trust (
section 19)
The following property is specified for the purposes of
section 19(4):
(a) property referred to in
paragraphs (b)
and
(d) of the definition
of prescribed gift in
section 15;
(b) property given (or purportedly given) for the benefit of a body
specified in
clause 1 of this
Schedule before the commencement of
Schedule 3 and
that vests in the Board as part of the charitable assets on the commencement of
Schedule 3;
(c) property of a prescribed kind given in a prescribed manner if the
property was held by the Commissioners of Charitable Funds immediately before
the commencement of
Schedule 3 and
vests in the Board as part of the charitable assets on the commencement of
Schedule 3.
Schedule 2—Investment
Advisory Committee (
section 22)
(1) The Board must, within 6 months after the commencement of this
Schedule, establish the Investment Advisory Committee (the
Committee).
(2) The Committee will be comprised of the following members appointed by
the Minister:
(a) not less than 2 members with expertise, knowledge and experience
deemed suitable by the Minister and the Treasurer, of whom—
(i) 1 must be an employee of the administrative unit of the Public Service
that is, under a Minister, responsible for the administration of the Public
Finance and Audit Act 1987; and
(ii) 1 must be a person, nominated by the Board, with expertise in the
field of investment advice;
(b) the Chair of the Board.
(3) A member of the
Committee will be appointed on conditions determined by the Minister, with the
agreement of the Board, and hold office for a period of 3 years.
(4) The Minister may determine the remuneration, allowances and expenses
(if any) of a member of the Committee.
(5) Subject to
subclause (6), the
Minister may, with the agreement of the Board, appoint a deputy of a member of
the Committee.
(6) The Minister must
appoint a Commissioner nominated by the Chair of the Board to be the deputy of
the Chair of the Board.
(7) A deputy of a member will be appointed on conditions determined by the
Minister, with the agreement of the Board, and hold office for a period of
3 years.
(8) A member—
(a) will be eligible for reappointment at the end of a term of
office;
(b) may resign by written notice addressed to the Minister;
(c) may be removed from office by the Minister on the ground of
misconduct, neglect of duty, incompetence, or physical or mental incapacity to
carry out official duties.
(9) The Chair of the Board will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public
Sector (Honesty and Accountability) Act 1995 by reason only of the
fact that the Chair has an interest in a matter that is shared in common with
the other Commissioners in the performance of their functions under this
Act.
The functions of the Committee are as follows:
(a) of its own initiative or at the request of the Board—to provide
investment advice to the Board, including advice on the composition of the
Board's investment portfolio and the investment objectives and strategies of the
Board;
(b) of its own initiative or at the request of the Board—to provide
investment advice relating to a particular investment held by the Board, whether
that investment is from funds in the charitable assets or a trust under
section 19;
(c) to review and report on the performance of the Board's
investments;
(d) to provide advice to the Board on appropriate strategies, systems and
procedures for managing investments and the risks associated with those
investments;
(e) to carry out other functions assigned to the Committee by the
Board.
(1) The members of the Committee must appoint 1 of their number as
the Chair of the Committee.
(2) A quorum of the
Committee consists of 1 half the total number of its members (ignoring any
fraction resulting from the division) plus 1.
(3) The Committee—
(a) must hold at least 4 meetings in each financial year (on a
quarterly basis); and
(b) may hold other meetings as determined by the Committee.
(4) The Committee must have accurate minutes kept of its
meetings.
(5) The following persons may attend any meeting of the
Committee:
(a) a Commissioner nominated by the Chair of the Board;
(b) the executive officer of the Board.
(6) Subject to this Act, the Committee may determine its own
procedures.
The Committee must, on or before 30 September in each year, deliver to
the Board a report on the performance of the Board's investments during the
financial year ending on the preceding 30 June, including an assessment of
its investment objectives and strategies, and any other matter required by the
Minister or the Board by notice in writing to the Committee.
Schedule 3—Repeal
and transitional provisions
Part 1—Repeal
1—Repeal
of Public Charities Funds
Act 1935
The Public
Charities Funds Act 1935 is repealed.
Part 2—Transitional
provisions
In this Part—
Commissioners of Charitable Funds means the body corporate
established under the repealed Act.
3—Commissioners
continue in office
(1) A person who,
immediately before the commencement of this Schedule, holds office as a
Commissioner of Charitable Funds under the repealed Act is, on the commencement
of this Schedule, taken to continue as a Commissioner under this Act in
accordance with
Part 2.
(2) The term of office of a Commissioner continuing in office under
subclause (1)
expires on the day that the Commissioner's term was due to expire in accordance
with his or her appointment under the repealed Act.
(3) This clause applies despite any other provision of this Act.
(1) Any property
vested, or apparently vested, in the Commissioners of Charitable Funds under the
repealed Act immediately before the commencement of this Schedule is taken to be
lawfully so vested.
(2) All property vested in the Commissioners of Charitable Funds in
accordance with
subclause (1) vests
in the Board as part of the charitable assets on the commencement of this
Schedule.
5—Validation
of past acts etc.
(1) In so far as the Commissioners of Charitable Funds has, before the
commencement of this Act, acted in contravention of, or omitted to act in
accordance with—
(a) the repealed Act; or
(b) the terms of a trust,
the action or omission is taken to be valid and to always have been
valid.
(2) Property held by the Commissioners of Charitable Funds at any time
before the commencement of this Act will be taken to have been properly
held.
6—Intellectual
Disability Services Council and Metropolitan Domiciliary Care Services
trusts
(1) The Board must, on
the request of the Minister to whom the Family
and Community Services Act 1972 is committed, transfer to that
Minister funds held immediately before the commencement of this Schedule by the
Commissioners of Charitable Funds—
(a) for the benefit of the public charitable institution listed in
Schedule 2 of the repealed Act known as the Strathmont Centre, including
any funds held for the benefit of supported accommodation services provided by
the Intellectual Disability Services Council; and
(b) for the benefit of Metropolitan Domiciliary Care, including funds held
in the following accounts:
(i) the Hampstead Centre Fund (04-40);
(ii) the Metropolitan Domiciliary Care fund in the 23 series
accounts.
(2) Subject to
subclause (3), the
Minister—
(a) holds the funds transferred under
subclause (1)
free from any trust to which the funds may have been subject prior to being
transferred; and
(b) may apply the funds as the Minister sees fit, including to a body
other than the body for whose benefit the funds were held by the Commissioners
under the repealed Act, (provided that, in so doing, the Minister complies with
the requirements of
subsection (3)).
(3) In managing and
applying funds transferred under
subclause (1)
attributable to a particular donor the Minister must—
(a) consider the intent, as far as it may be reasonably ascertained, of
the donor; and
(b) so far as is reasonably practicable, apply the funds attributable to
the donor in a manner that the Minister considers is most likely to achieve the
intention of the donor.
The Governor may, by regulation, make any other provision of a saving or
transitional nature consequent on the enactment of this Act, including further
provisions relating to the vesting of property.