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Decision details

Amendment to the Objects of the High Hazels Park Charity

Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: Yes

Purpose:

This report seeks Cabinet approval on behalf of the Council as Charity Trustee of High Hazels Park:

 

(i) to the amendment to the wording describing the Charity’s Objects in the amended Trust Deed attached to this report at Appendix 1 (as required by the Charity Commission and detailed in the Legal Implications section of this report; and 

 

(ii) to adopt the amended trust deed as the Charity’s governing document.

Decision:

8.1

The Executive Director, Place, submitted a report seeking Cabinet approval on behalf of the Council as Charity Trustee of High Hazels Park:-

(i)    to the amendment to the wording describing the Charity’s Objects in the amended Trust Deed attached to the report at Appendix 1 (as required by the Charity Commission and detailed in the Legal Implications section of the report); and 

(ii)   to adopt the amended Trust Deed as the Charity’s governing document.

 

 

8.2

RESOLVED: That Cabinet acting as Charity Trustees of High Hazels Park:- 

 

 

 

(a)

approves the amendments to the Trust Deed for the future governance and management of High Hazels Park;

 

 

 

 

(b)

agrees to adopt the amended Trust Deed as the Charity’s governing document; and

 

 

 

 

(c)

requests that the Director of Legal and Governance, in consultation with the Director of Culture and Environment, draft and complete all necessary legal documentation in order to implement the registration of High Hazels Park as a charitable trust.

 

 

 

8.3

Reasons for Decision

 

 

8.3.1

The Charity Trustee’s approval of the revised Trust Deed and its agreement to adopt this as the Charity’s governing document will allow the completion of the application to register the Charity at the Charity Commission in compliance with the provisions contained in the Charities Act 2011.

 

 

8.4

Alternatives Considered and Rejected

 

 

8.4.1

Not to make the required amendments to the Trust Deed. However, this would result in the application for registration to be rejected by the Charity Commission and may result in reputational damage to the Council.

 

 

8.4.2

To adopt the alternative wording suggested by the Charity Commission. However, Legal Services have advised that this wording is not reflective of the purposes expressed in the 1894 deed of conveyance.

 

 

8.5

Any Interest Declared or Dispensation Granted

 

 

 

None

 

 

8.6

Reason for Exemption if Public/Press Excluded During Consideration

 

 

 

None

 

 

8.7

Respective Director Responsible for Implementation

 

 

 

Laraine Manley, Executive Director, Place

 

 

8.8

Relevant Scrutiny and Policy Development Committee If Decision Called In

 

 

 

Economic and Environmental Wellbeing

 

Report author: Lisa Firth

Publication date: 30/05/2019

Date of decision: 29/05/2019

Decided at meeting: 29/05/2019 - Cabinet

Effective from: 06/06/2019

Accompanying Documents: