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30 (1) The following corporations shall be entitled to act as custodian trustees: |
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(a) |
the Treasury Solicitor; |
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(b) |
any corporation which: |
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(i) |
is constituted under the law of the United Kingdom or of any part thereof, or under the law of any other Member State of the European Economic Community or of any part thereof; |
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(ii) |
is empowered by its constitution to undertake trust business (which for the purpose of this rule means the business of acting as trustee under wills and settlements and as executor and administrator) in England and Wales; |
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(iii) |
has one or more places of business in the United Kingdom; and |
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(iv) |
is: |
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- a company incorporated by special Act of Parliament or Royal Charter; or
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- a company registered (with or without limited liability) in the United Kingdom under the Companies Act 1948 (repealed - see now the Companies Act 1985) or under the Companies Act (Northern Ireland) 1960 or in another Member State of the European Economic Community and having a capital (in stock or shares) for the time being issued of not less than £250,000 (or its equivalent in the currency of the State where the company is registered), of which not less than £100,000 (or its equivalent) has been paid up in cash, or
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- a company which is registered without limited liability in the United Kingdom under the Companies Act 1948 (repealed - see now the Companies Act 1985) or the Companies Act (Northern Ireland) 1960 or in another Member State of the European Economic Community and of which one of the members is a company within any of the classes defined in this sub-paragraph;
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(c) |
any corporation which is incorporated by special Act or Royal Charter or under the Charitable Trustees Incorporation Act 1872 [now Part VII of the 1993 Act] which is empowered by its constitution to act as a trustee for any charitable purposes, but only in relation to trusts in which its constitution empowers it to act; |
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(d) |
any corporation which is constituted under the law of the United Kingdom or of any part thereof and having its place of business there, and which is either: |
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(i) |
established for the purpose of undertaking trust business for the benefit of Her Majesty's Navy, Army, Air Force or Civil Service or of any unit, department, member or association of members thereof, and having among its directors or members any persons appointed or nominated by the Defence Council or any Department of State or any one or more of those Departments, or |
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(ii) |
authorised by the Lord Chancellor to act in relation to any charitable, ecclesiastical or public trusts as a trust corporation, but only in connection with any such trust as is so authorised; |
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(e) |
(i) |
any Regional Health Authority, Area Health Authority or special health authority, but only in relation to any trust which the authority is authorised to accept or hold by virtue of section 90 of the National Health Service Act 1977; |
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(ii) |
any preserved Board as defined by Section 15(6) of the National Health Reorganisation Act 1973, but only in relation to any trust which the Board is authorised to accept or hold by virtue of an Order made under that section; |
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[(f) and (g) deal with pension funds administered by the British Gas Corporation (now dissolved) and the London Transport Executive.] |
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(h) |
any of the following, namely: |
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[(i) |
any of the following, namely: |
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(ii) |
the corporation of any London Borough [(acting by the Council)]; |
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(iii) |
a county council, district council, parish council or community council; |
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(iv) |
the Council of the Isles of Scilly; |
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(v) |
the Common Council of the City of London; |
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but only in relation to charitable or public trusts (and not trusts for an ecclesiastical charity or for a charity for the relief of poverty) for the benefit of the inhabitants of the area of the local authority concerned and its neighbourhood, or any part of that area. |
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(i) |
any of the following, namely: |
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(i) |
a metropolitan district council or a non-metropolitan county council; |
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(ii) |
the corporation of any London borough (acting by the council); |
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(iii) |
the Common Council of the City of London; |
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(iv) |
the Council of the Isles of Scilly; |
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but only in relation to any trust under which property devolves for the sole benefit of a person who occupies residential accommodation provided under Section 21(1)(a) of the National Assistance Act 1948 by the local authority concerned or is in the case of that authority; and a corporation acting as a custodian trustee by virtue of this paragraph in relation to any trust shall be entitled to continue so to act in relation to that trust, until a new custodian trustee is appointed, notwithstanding that the person concerned ceases to occupy such accommodation or to be in the case of that authority, as the case may be. |
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(j) |
The British Coal Corporation or any subsidiary of the British Coal Corporation, but only in relation to a scheme or arrangements established under regulations made under section 37 of the Coal Industry Nationalisation Act 1946; |
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[(k) deals with pension funds administered by the British Broadcasting Corporation] |
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(l) |
any corporation appointed by the Secretary of State as a trustee of any scheme having effect by virtue of regulations made under section 37 of the Coal Industry Nationalisation Act 1946 for purposes relating to pensions, gratuities or other like benefits and in relation to which provision is, or has been, made by regulations made under paragraph 2(1) of schedule 5 to the Coal Industry Act 1994 for the scheme to continue in force notwithstanding the repeal by the Coal Industry Act 1994 of section 37 of the Coal Industry Nationalisation Act 1946 and of the enactments modifying that section, but only in relation to such a scheme. |
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(2) |
In this rule "subsidiary" has the same meaning as in section 154 of the Companies Act 1948 (repealed - see now s.144 of the Companies Act 1989 substituting new s.736 - 736B in the Companies Act 1985). |
