National Trust Act, 2023

National Trust Act, 2023
Parliament of Great Britain and Ireland
A Non-Standard Act to Incorporate and Confer Powers Upon the National Trust for Places of Historic Interest or Natural Beauty.
Citation	Original Text
Enacted by	House of Commons
Date enacted	15 December, 2022
Enacted by	House of Lords
Date enacted	21 January, 2023
Date of Royal Assent	21 January, 2023
Signed by	HM Queen Elizabeth III
Introduced by	Sir Elio Somerset MP (BRP)
Amends
None
Repealing legislation
None
Status: In force

Content of the Act

Article I || Titles

1.00 || This Act may be cited and referred to in short as the National Trust Act.

Article II || Definitions

2.00 || “The National Trust” means the National Trust for Places of Historic Interest or Natural Beauty incorporated by this Act.

2.01 ||"Trust property" means the property held by the National Trust for purposes of preservation.

Article III || Establishment and Membership

3.00 || The National Trust shall be established for the purposes of promoting the permanent preservation, for the benefit of the nation, of: 3.00a || Lands and structures of beauty or historic interest 3.00b || Lands for the preservation of their natural aspect features and animal and plant life.

3.01 || The work of the National Trust shall include obtaining and preserving lands and buildings for the permanent holding and maintenance, for preventing their destruction or disfigurement, and for promoting the permanent preservation of structures, places, or property having historic associations or being celebrated for their natural beauty.

3.02 || The members of the National Trust shall be divided into the following classes: (a) ordinary subscribing members; (b) life members; (c) benefactors; (d) corporate members; (e) junior members; (f) family members; (g) such other classes as the Board of Trustees may by resolution determine.

3.03 || Membership classes shall each have different fees that members pay annually for membership. These fees shall be established by the Board of Trustees.

Article IV || Finances

4.00 || The National Trust shall cause to be kept proper books of account with respect to: 4.00a || All sums of money received and expended by the National Trust and the matters in which the receipt and expenditure take place 4.00b || All purchases and sales of property by the National Trust 4.00c || The assets and liabilities of the National Trust

4.01 || At least once a year, the accounts of the National Trust shall be examined and audited by an auditor or auditors, who will be selected annually at the general meeting

4.02 || No dividend bonus or other profit shall, at any time, be paid out of the income or property of the National Trust to any member of the National Trust.

4.03 || The National Trust may raise money by borrowing on the security of any of their property by way of specific mortgage and by charging or appropriating, as security for money borrowed, the rents, profits, or income derivable from any of the lands and properties of the National Trust.

4.04 || The Board of Trustees shall apply all money received by the National Trust, except money borrowed and money received from the sale of lands or other money received on capital account, as follows: 4.04a || Firstly, in payment of the working and establishment expenses of the National Trust and the cost of management maintenance upkeep and improvement of the Trust property. 4.04b || Secondly, in payment of the interest on money borrowed and of the installments, if any, of principal money borrowed 4.04c || Finally, the balance, if any, shall be applied in furthering the objectives, for which the National Trust is established, in such a manner as the Board of Trustees may direct and may, if the Board of Trustees see fit, be invested in investments in which trustees are, by law, entitled to invest trust funds.

4.05 || The National Trust may make reasonable charges for the admission of the public to any property of the National Trust or for the use, by the public, of any such property as they may determine.

4.06 || The National Trust shall not make charges for admission to any common land or to any other property of the Trust to which the public had a right of access at the date when such property was acquired by the National Trust.

Article V || General Powers

5.00 || Subject to the provisions and for the purposes of this Act, the National Trust may: 5.00a || Acquire, by purchase, gift, or otherwise, and may hold, without license, lands, buildings, and any other property 5.00b || Maintain and manage, or assist in the maintenance and management, of lands as open spaces or places of public resort and buildings for the purposes of public recreation, resort, or instruction 5.00c || Accept property in trust for any public purposes and may act for or as a trustee of any property devoted to public purposes 5.00d || Do all acts or things and take all such proceedings as they may deem desirable in the furtherance of the objectives of the National Trust 5.00e || Do all such things and make all such provisions as may be beneficial for the property or desirable for the comfort or convenience of people using such property and may exercise full powers of ownership over their lands and property

5.01 || The Board of Trustees may, by resolution, determine that lands or structures, as may be specified in a resolution, are to be held for the benefit of the nation.

5.02 || The National Trust may make by-laws for the regulation and protection, the prevention and suppression of nuisances, the preservation of order, the regulation of conduct, and the safety of any person resorting to any lands or property of the National Trust.

5.03 || The National Trust may make such reasonable charges in respect to playing games, sailing, boating, bathing, fishing, and other forms of recreation on any lands, property, or waterways of the National Trust.

Article VI || The Board of Trustees

6.00 || The members of the Board of Trustees shall be the trustees of the Charity.

6.01 || The Board of Trustees shall exercise all powers conferred on the National Trust.

6.02 || The members of the Board of Trustees shall exercise their powers jointly at meetings.

6.03 || The Board of Trustees shall have a minimum of 9 and a maximum of 15 members.

6.04 || The Chair and Deputy Chair shall automatically be members of the Board of Trustees.

6.05 || A All members of the Board of Trustees, other than the Chair and the Deputy Chair, shall be appointed by the Council in accordance with published procedures.

6.06 || Members of the Board of Trustees shall be appointed for three years.

6.07 || Decisions of the Board of Trustees shall, in case of difference, be decided by a majority of the members of the Board of Trustees present and voting at a meeting of the Board of Trustees.

6.08 || The chair of the meeting may cast a second vote only if there is a tied vote.

6.09 || The Board of Trustees shall keep a proper record of its meetings.

6.10 || The Board of Trustees may appoint employees of the Trust and fix their remuneration and conditions of employment.

6.11 || The Board of Trustees may delegate any of its functions to any employee.

6.12 || Employees shall report to the Board of Trustees in accordance with any instructions given by the Board of Trustees.

Article VII || The Council of the National Trust

7.00 || The Council shall have 36 members.

7.01 || The Council shall meet at least once a year.

7.02 || The Council shall appoint the members of the Board of Trustees and hold them to account.

7.03 || The Council's responsibilities shall include: 7.03a || Monitoring the fulfillment by the Charity of its statutory purposes 7.03b || Appointing the Chair and Deputy Chair 7.03c || Appointing and, if necessary, removing members of the Board of Trustees 7.03d || Monitoring the performance of, and calling to account, the Board of Trustees in its control and management of the administration of the Trust 7.03e || Arranging the procedures for the election of members of the Council 7.03f || Making available annually, to the members of the Trust, a report on the activities of the Council

7.04 || All members of the Council shall hold office for three years from the date of their appointment or election, whichever the case may be.

7.05 || The Chair and Deputy Chair and the Senior Member of the Council shall hold office for 3 years and shall then retire from office, but shall be eligible for re-appointment.

Article VIII || Ratification

8.00 || This Non-Standard Act shall come into effect upon passage by both Houses of Parliament with a simple majority and assent by the Sovereign or other authority as established under the Monarchy Act of 2021.