Agenda and minutes

Venue: Training and Conference Suite, First Floor, Number One Riverside, Smith Street, Rochdale, OL16 1XU. View directions

Contact: Caroline Denyer 

Items
No. Item

20.

Declarations of Interest pdf icon PDF 32 KB

    Members must indicate at this stage any items on the agenda in which they must declare an interest.  Members must verbally give notice of their interest at the meeting and complete the form attached with this agenda. 

     

    Members are also advised to take advice with regard to any matter where there is potential bias or predetermination in any business to be considered at the meeting and whether they should take part in decision making at the meeting.

     

    Members are reminded that, in accordance with the Localism Act 2011 and the Council's adopted Code of Conduct, they must declare the nature of any discloseable pecuniary interest; personal interest and/or prejudicial interest required of them and, in the case of any discloseable pecuniary interest or prejudicial interest, withdraw from the meeting during consideration of the item, unless permitted otherwise within the Code of Conduct.

    Additional documents:

    Minutes:

    There were no declarations of interest.

     

21.

Minutes pdf icon PDF 53 KB

22.

Maskew Bequest - Proposal to Alter the Terms of the Trust pdf icon PDF 488 KB

    Minutes:

    The Committee considered the report of the Interim Head of Customers & Corporate Services which updated Members as to the latest advice received from the Charity Commission with regard to the Maskew Bequestand requested that the Charitable Trustee Committee consider an amendment of the purposes of the Bequest to include engagement activities, in addition to books.

    .

    The Committee was reminded that the Maskew Bequest is administered through Rochdale Borough Council’s Community Services in the Customers and Corporate Directorate. The purpose of the F and A S Maskew Bequest was stated as “the purchase of books on the subjects of Philosophy and Classic Literature” Discussion and agreement with the Executor of the estate had led to the undertaking of activities and expenditure which engaged residents with the collection and had included the employment of one member of staff (employed on a fixed term contract), furniture for the collection, marketing, events and activities. 

     

    Following advice received from the Council’s Legal Services Team, the Charitable Trustee Committee at its meeting held on the 28th January 2015 resolved to cease all expenditure from the Maskew Bequest, except where that expenditure exactly matched the terms of the Bequest. The Committee further resolved to make an application to the Charity Commission to request a variation of terms of the Trust established by the Will of AS Makew to include expenditure on events and activities to encourage engagement with the Maskew Collection, including the provision of staff to administer the collection and organise the engagement initiatives.

     

    The advice subsequently received from the Charity Commission advised the Committee that ‘As the annual income of the bequest is less than £10,000, Section 275 of the Charities Act 2011, allows trustees to change some or all of the purposes of the charity by resolution’ and that ‘To pass a section 275 resolution the trustees must be satisfied that:

    it is expedient in the interests of the charity for the purposes in question to be replaced; and

    so far as reasonably practical, the new purposes consist of or include purposes that are similar in character to those being replaced.’

     

    The Committee considered the appropriateness of the changes to the purposes of the Trust outlined in the submitted report and agreed to the requested amendment unanimously.

     

    DECIDED: That the purposes of the Trust established by the Will of AS Makew be amended to include the authorisation of expenditure on events and activities to engage people with the Maskew Collection, including the provision of staff to administer the collection and organise the engagement initiatives.

23.

Exclusion of Press and Public

    To consider excluding the press and public from the meeting during consideration of the following item of business in accordance with the provisions of Section 100A (4) of the Local Government Act 1972, as amended.

     

     

     

     

    Minutes:

    DECIDED – That the press and public be excluded from the meeting during consideration of the following items of business as it is likely that there would be disclosure of exempt information as outlined in Schedule 12A of the Local Government Act 1972 (as amended), namely information relating to any individual; information which is likely to reveal the identity of an individual; and information relating to the financial or business affairs of any particular person (including the authority holding that information).

24.

Management of the Assets of Dr Chadwick's Trust

Minutes:

The Committee considered a report of the Director of Economy and Environment which set out the land ownership of the Doctor Chadwick Trust and put forward various options for the future of the management of the Trust’s properties.

 

The Committee noted the complexity of the issues surrounding which land is subject to the Charitable Trust and that further work is required to clarify these areas of uncertainty.

 

DECIDED – That (1) the Director of Economy and Environment be requested to further clarify the ownership of the land subject to the Doctor Chadwick Trust;

            (2) the Head of Legal and Governance Reform be authorised to make an application to the Charity Commission to request permission to dispose of land identified as in the ownership of the Doctor Chadwick Trust as appropriate; and

            (3) the Director of Economy and Environment be requested to submit a  report on the proposed future management of the land held by the Doctor Chadwick Trust a future meeting of the Charitable Trustee Committee.