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VAUGHAN'S CHARITY (ADMINISTRATION) ACT (NORTHERN IRELAND) 1954 - SECT 3

Short title.

3.(1) This Act may be cited as the Vaughan's Charity (Administration) Act
(Northern Ireland), 1954.

Subs.(2) rep. by SLR 1973

1. For the purposes of this Scheme the following terms shall be interpreted as
follows:

"the Act of 1936" shall mean the Vaughan's Charity (Administration) Act
(Northern Ireland) 1936;

"the Act of 1954" shall mean the Vaughan's Charity (Administration) Act
(Northern Ireland) 1954;

"agriculture" shall include horticulture, fruit growing, seed growing, dairy
farming and livestock breeding and keeping, the use of land as grazing land,
meadow land, market gardens and nursery grounds, and the use of land for
woodlands where the use is ancillary to the farming of land for other purposes
and "agricultural" shall be construed accordingly;

"the County" shall mean the County of Fermanagh;

"the 1954 Scheme" shall mean the Scheme set out in the Schedule to the Act of
1954;

"the Ministry" shall mean the Ministry of Finance;

"the new trustees" shall mean the body of trustees for the time being
constituted under Article 7(1);

"the present trustees" shall mean the trustees for the time being constituted
under the provisions of the 1954 Scheme;

"the Institute" shall mean the Vaughan Agricultural Institute as constituted
by the 1954 Scheme and shall include the farm attached thereto;

"the Institute Fund" shall mean the Institute Fund established by
the 1954 Scheme;

"the Trust Fund" shall have the meaning assigned to it by Article 3.

2.(1) The lands and premises which are vested in the Ministry in pursuance of
the Act of 1936 or are otherwise held by the Ministry for the purposes of this
Scheme particulars whereof are set forth in Schedule 1 the areas thereof
therein stated having been estimated by recent survey shall be sold by
the Ministry at such time or times as the Ministry thinks proper. The proceeds
thereof after deduction of all expenses incurred by the Ministry in connection
with the sale shall be invested by the Ministry and the investments shall be
added to and form part of the Trust Fund hereinafter referred to and be held
upon the trusts and with the powers applicable thereto.

(2) Without prejudice to paragraph (1) the Ministry may dispose of any lands
and premises vested in or held as therein mentioned.

3. The investments and cash which at the date of this Scheme are held by
the Ministry on behalf of the Institute particulars of which are set out in
Schedule 2 and in this Scheme and the 1954 Scheme are referred to as "the
Trust Fund" shall be held by the Ministry for the purposes hereinafter set
out.

4. The Ministry may invest the Trust Fund in such manner as it may think fit
and may at any time call in and vary the investments thereof or add to
the Trust Fund from accumulations of income paid over to the Ministry by
the present trustees or the new trustees and shall apply the income thereof as
is hereinafter provided.

5. The Ministry may accept grants or bequests subject to any trusts attaching
thereto and may apply the same for the purposes of this Scheme.

6.Para.(1) spent

(2) When the sale referred to in Article 2(1) has been effected the income of
the Trust Fund shall after providing for any other payments to be made
therefrom under this Scheme be paid by the Ministry to the new trustees to be
applied by them subject to and in accordance with the provisions of this
Scheme first in paying all expenses properly incurred by them in the
administration of the trusts of this Scheme and secondly in making payments in
such manner of such amounts and subject to such conditions as the trustees
think proper for all or any of the following purposes, provided that no part
of the said income shall be applied for any purpose which is not in law
charitable:

(a)to enable any person to develop any new or improved method or technique of
farming or farm management or the processing or marketing of agricultural
products which in the opinion of the new trustees could be advantageously
adopted and applied in the County. It shall be a condition of any payment
under this sub-paragraph that the person receiving it will to such extent as
the new trustees shall reasonably require demonstrate the operation of any
such new or improved method or technique to persons engaged in agriculture in
Northern Ireland and publish or permit to be published particulars thereof and
report to the new trustees on the results of the application of such method or
technique;

(b)to enable or assist persons residing in the County to pursue courses of
training in agriculture and in particular to supplement grants by government
departments or public or local authorities or other bodies for such purposes
where the new trustees consider it necessary or desirable to do so to enable
any person to take advantage of such grants;

(c)to enable or assist young persons residing in the County who are engaged in
farming or any other young person attending or who has attended full time
courses in agriculture in the County to travel to other countries to study or
obtain practical experience of new techniques of farming and farm management
or the processing or marketing of agricultural products;

(d)with the approval of the Ministry of Agriculture any other purpose which
the new trustees consider will promote research into techniques or methods of
farming or farm management or the processing or marketing of agricultural
products and the dissemination of the knowledge thereof by publication,
practical demonstration or otherwise, or the instruction of persons engaged or
intending to be engaged in farming in the County in the practice of farming or
farm management or the processing or marketing of agricultural products;

(e)with the consent of the Ministry of Agriculture any other purpose which
will assist or further any of the purposes of this Scheme.

7.(1) As soon as practicable after the sale referred to in Article 2(1) has
been effected there shall be established a new body of administrative trustees
to administer the trusts of this Scheme, to be known as the Trustees of the
Vaughan Charity, consisting of three nominated trustees of whom one shall be
appointed by the Ministry, one by the Ministry of Agriculture, and one by
the Ministry of Education and two representative trustees to be appointed by
the nominated trustees. One of the representative trustees shall represent the
farmers in the County and the other shall represent the young farmers in
the County.

(2) A nominated trustee may be removed from office at any time by the Ministry
which appointed him but otherwise shall, subject to the provisions of this
Scheme, hold office in accordance with the terms of his appointment. Subject
to the provisions of this Scheme a representative trustee shall hold office
for three years from the date of his appointment. A nominated trustee or a
representative trustee whose term of office has expired shall be eligible for
re-appointment.

(3) The trustees shall at their first meeting and thereafter at their first
meeting in each year commencing 1st January elect a chairman from among their
members.

8. There shall be kept by the new trustees a book in which shall be entered
the names of the trustees, the date of appointment, being the date of the
letter from the appointing body, and the name of the appointing body, and any
extract from the book duly certified by the chairman and the clerk to the
trustees shall be evidence of the appointment.

9. A trustee who communicates in writing to the trustees his wish to resign,
or who shall not attend a meeting of the new trustees during a consecutive
period of one year, or who ceases to reside in Northern Ireland, or who is
adjudicated a bankrupt or becomes incapable of acting shall cease to be a
trustee.

10. A trustee shall not be entitled to any salary or emolument out of
the Trust Fund, and if appointed to any paid office or employment under this
Scheme, shall be deemed to have resigned; provided, however, that
the new trustees may up to such amount as may be approved by the Ministry be
paid from the income to the Trust Fund for any reasonable expenses to which
they may be put in respect of travelling and subsistence.

Arts.11,12 spent

13. When the sale referred to in Article 2(1) has been effected and all monies
required to be transferred to the Institute Fund under Article 12 have been so
transferred, the Institute Fund, after payment thereout of all monies due by
the present trustees in respect of the Institute shall be transferred by
the present trustees to the Ministry and shall be added to and form part of
the Trust Fund and be held upon the trusts and with the powers applicable
thereto.

14. The present trustees shall prepare an account of all their receipts and
disbursements arising since the last audited account up to the date of the
transfer of the Institute Fund under Article 13 and shall submit the accounts
for audit by the Comptroller and Auditor General in accordance with
the 1954 Scheme. The present trustees shall thereupon be discharged but
without prejudice to their liability for any antecedent breach of trust.

15. Any monies in the hands of the new trustees for the purposes of this
Scheme and not immediately required may until required be placed on deposit
with a bank or the Post Office or a trustee savings bank or invested in any
other suitable manner but so as to be readily available to the new trustees.
The new trustees may also pay over to the Ministry for investment any monies
in their hands.

16. The new trustees shall not use any monies held by them for the purposes of
this Scheme for purposes which would relieve the Ministry of Agriculture or
any other government department or local or public authority of expenditure on
services the provision of which is mandatory on that Ministry or any such
department or authority.

17. The new trustees shall hold general meetings at least twice in every year.
If the chairman is absent from any meeting the new trustees present shall
elect one of them to be chairman of that meeting.

18. The chairman or any two trustees may at any time summon a special meeting
for any cause that seems to him or them sufficient.

19. Notice in writing of every meeting of the new trustees whether general or
adjourned, shall be delivered or sent through the post to each trustee by the
Clerk, or by some other person acting under the direction of the new trustees,
or, in the case of a special meeting, by or under the direction of the person
or persons summoning the meeting, seven clear days at least before the date of
the meeting, so far as in the case of an adjourned meeting the interval
between the original and adjourned meetings will permit. Every notice of
meeting shall state the place, day and hour of the meeting, and every notice
of a special meeting shall further state the matters to be discussed thereat.

20. Three of the new trustees shall form a quorum and if a quorum shall not
have assembled within half an hour after the time appointed for any meeting
the trustees or trustee present, or the clerk, if no trustee be present, may
adjourn the meeting. Any meeting may be adjourned by the chairman upon the
adoption of a resolution for its adjournment.

21. Every matter shall be determined by the majority of the new trustees
present and voting on the question. In the event of equality of voting the
chairman of the meeting shall have a casting view.

22. The new trustees may, at any meeting, appoint two or more members of their
body to be a committee for making any inquiry or for superintending or
transacting any business, subject to regulations to be imposed by the
Trustees.

23. The new trustees shall appoint some fit person to be their clerk and may
pay him such annual salary or other remuneration as they may from time to time
with the approval of the Ministry of Agriculture determine. Subject as herein
provided, the new trustees shall from time to time prescribe and appoint the
duties to be performed by the clerk.

24. A minute book shall be provided and kept by the new trustees. Minutes of
the entry into office of every new trustee, and of all proceedings of
the new trustees shall be entered in the minute book and shall be signed by
the chairman of the next ensuing meeting, after they have been duly confirmed
as a true and correct record.

25. Full accounts shall be kept by the new trustees in proper books of account
provided for the purpose in such form as may be approved by the Ministry. The
accounts shall be audited by auditors appointed by the new trustees with the
approval of the Ministry and copies thereof certified by such auditors shall
on such date in each year as the Ministry may direct be transmitted for
examination to the Comptroller and Auditor General who shall furnish a copy of
the accounts and his report thereon to the Ministry and the Ministry of
Agriculture. Such fee, if any, as may be determined by the Ministry shall be
paid in respect of the examination by the Comptroller and Auditor General.

26. A banking account for the purposes of the Charity shall be kept at some
bank to be from time to time selected by the new trustees, having its head
office in the United Kingdom. Every sum of money received by the new trustees
or their officers shall be forthwith paid into the credit of that account,
unless otherwise expressly ordered by the trustees.

27. All cheques and orders for the payment of money shall be signed by one of
the new trustees, and countersigned by the clerk.

28. Within the limits prescribed by this Scheme, and with the approval of
the Ministry, the new trustees shall have full power from time to time to make
regulations for the conduct of their business, and their administration of the
trusts of this Scheme and such regulations shall be binding on all persons
affected thereby.

29. The new trustees shall cause a printed copy of this Scheme to be supplied
to everybody, trustees or persons concerned in the provisions of the Scheme.
Any expenses incurred in printing copies of the Scheme shall be a charge
against the Trust Fund.

30. Upon the application of the new trustees made with the approval of
the Ministry of Agriculture this Scheme may be altered or amended by
the Ministry in such form and to such extent as may be approved by the
Attorney General.

Schedule 1 sets out details of the lands, all of which have been sold.
Schedule 2 sets out the trust investments held at the date of passing of
the Act].

© 1954 Crown Copyright

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