SCHEME OF THE CHARITY COMMISSION FOR NORTHERN IRELAND PURSUANT TO SECTION 29 OF THE CHARITIES ACT (NORTHERN IRELAND) 2008 DATED XX XXXX 2018

Transcription

1 SCHEME OF THE CHARITY COMMISSION FOR NORTHERN IRELAND PURSUANT TO SECTION 29 OF THE CHARITIES ACT (NORTHERN IRELAND) 2008 DATED XX XXXX 2018 RELATING TO THE JOSEPH DEVLIN CHARITABLE TRUST

2 CHARITIES ACT (NORTHERN IRELAND) 2008 THE JOSEPH DEVLIN CHARITABLE TRUST Scheme made by the Charity Commission for Northern Ireland under section 29 of the Charities Act (Northern Ireland) WHEREAS 1. 16,260 was subscribed and paid to Joseph Devlin MP in recognition of his public services, to be applied by him for such purposes and in such manner as he should in his discretion determine. The money was used for the purchase of the Bangor Rest Home in respect of which a Trust Deed dated 8 September 1922 made between Joseph Devlin of the first part Joseph Devlin and Charles Murray, Henry McKenna and Daniel McCann ( the Trustees ) of the second part and Joseph Devlin, Daniel McCann, Martin Hopkins, Richard Byrne, Oswald Jamison, Vincent Devoto, Ernest Kennedy, Louis Kennedy, Rev. P. Scally, Henry Scullion, Charles Murray and Henry McKenna ( the Board of Management ) of the third part was executed, the primary object of the Trust being to furnish rest, accommodation, food, lodging, amusement and recreation for poor working women, the wives and children of working men and other deserving poor persons, particularly those who are suffering or have suffered from illness and who require rest and recuperation. 2. In 1933, the Bangor Rest Home was sold, as there were insufficient funds to run the Home and the benefits of the Trust were not being fully availed of. 3. By Order of the High Court dated 16 July 1935 ( the 1935 Order ), a Scheme was established which directed that the Ministry of Finance for Northern Ireland held the capital of the Trust and act as Trustee of same, the income of the Trust Fund being applied in three-fifths part to the nine charities named in the Scheme set out in the Schedule to the Order and two-fifths for the relief, maintenance or education of the surviving poor relatives of Joseph Devlin as the Board of Management appointed for the purposes of the Scheme thought proper. 4. The nine charities named in the Schedule to the 1935 Order to benefit from the three-fifths share were: 1. Mater Infirmorum Hospital, Belfast.

3 2. Royal Victoria Hospital, Belfast. 3. Our Lady s Hospital, Beechmount, Falls Road, Belfast. 4. Nazareth Home, Ballynafeigh, Belfast. 5. Nazareth Lodge, Ravenhill Road, Belfast. 6. Catholic Diocesan Orphan Society, Belfast. 7. Catholic Aid Society for Discharged Prisoners, Belfast. 8. Society of St. Vincent de Paul, Belfast. 9. To provide a holiday one day in each year at a seaside place in Northern Ireland for such poor Belfast women workers or poor Belfast children as the Board of Management may select. 5. By Order of the High Court dated 4 November 1957 ( the 1957 Order ), the High Court amended paragraph 6 of the Scheme set out in the Schedule of the 1935 Order by substituting the word ten for the word three. 6. The Ministry of Finance became known as the Department of Finance and Personnel. 7. The functions of the Department of Finance and Personnel were subsequently vested in the Department for Social Development, which is now known as the Department for Communities (hereinafter referred to as the Department ). 8. Since 2008, payment of income by way of dividends from the Northern Ireland Central Investment Fund for Charities ( the Central Investment Fund ), in which the Trust Fund is held, were suspended as the Department was unable to establish contact with the Board of Management. 9. The Department has established that the last surviving member of the Board of Management, Sir Oliver Napier, died on 2 July In July , was recovered by the Department from the bank account into which the Trust Fund income had been paid. This was re-invested in the Central Investment Fund. 10. Nazareth Lodge, Ravenhill Road, Belfast, the Catholic Diocesan Orphan Society, Belfast, and the Catholic Aid Society for Discharged Prisoners, Belfast, are no longer in existence. 11. The Department has not been able to locate the successors of Nazareth Lodge and the Catholic Diocesan Orphan Society. The

4 Department has established that Barnardo s Northern Ireland is a sufficiently similar charity whose purposes are close to and in keeping with the original gift. 12. The Department has not been able to locate the successors of the Catholic Aid Society for Discharged Prisoners, Belfast. The Department has established that Prison Fellowship for Northern Ireland is a sufficiently similar charity whose purposes are close to and in keeping with the original gift. 13. The provision of an annual one day seaside holiday in Northern Ireland for poor Belfast women workers or poor Belfast children in current social circumstances is no longer of equivalent benefit for the intended beneficiaries as would have been achieved in the 1930 s and could also be difficult to deliver. 14. As at 31 December 2017 the Trust Fund consists of shares in the Central Investment Fund (monies recovered from the bank account and also from suspended dividends having been converted to shares), amounting to a capital value (the units x the share price) of 123, and an income value of 13, NOW THEREFORE The Charity Commission for Northern Ireland, after due inquiry and in pursuance of section 29 of the Charities Act (Northern Ireland) 2008 and all other powers thereunto enabling it HEREBY MAKES THE FOLLOWING SCHEME The sum of 136, together with any interest accrued thereon and after deduction of any expenses incurred in connection with this scheme, shall be paid in equal shares to: 1. Mater Hospital YP Fund. 2. Belfast Health and Social Care Trust Charitable Funds, to be applied to the Royal Victoria Hospital, Belfast. 3. Diocese of Down and Connor, to be applied to Our Lady s Home, 68 Ard-na-va Road, Belfast, BT12 6FF. 4. Nazareth Care Charitable Trust, to be applied to Nazareth Care Irish Region, for the benefit of Nazareth Care Village, 516 Ravenhill Road, Belfast, BT6 0BW.

5 5. Society of St. Vincent de Paul, Northern Regional Office, Antrim Road, Belfast, BT15 2AJ, to be applied to the Belfast area. 6. Barnardo s Northern Ireland Upper Newtownards Road, Belfast, BT4 3HE 7. Prison Fellowship for Northern Ireland, 39 University Street, Belfast BT7 1FY. Sealed with the Official Seal of the Charity Commission for Northern Ireland on the day of in the presence of: Frances McCandless Chief Executive of the Charity Commission for Northern Ireland