Agenda item

Governance Arrangements for Charitable Trusts in Adur and Worthing

To consider a report by the s151 Officer and the Monitoring Officer, copy attached as item 7.

Minutes:

Before the Committee was a report by the s151 Officer and the Monitoring Officer, copies of which had been circulated to all Members and copies are attached to the signed copy of these Minutes as Item 7.

 

The report advised Members of some historic issues that had arisen surrounding Charitable Trusts in Adur and Worthing and the need to regularise matters with the Charities Commission and establish robust governance arrangements going forwards.

 

During consideration of the item, a number of issues were raised including:-

  • whether the Joint Governance Committee was the appropriate Committee to consider the report;
  • whether the Charity Commission could take action against the Councils;
  • whether the trustee would create rules & regulations to be applied to the Licensing of fund-raising events or the Council - Offices advised that the trustee would make that decision. In practice, this function would be delegated to the Executive (Joint Strategic Committee);
  • were there other pieces of land that the Councils owned but didn’t know they owned? - Officers advised the Assets Register was currently under review by the Estates Team;
  • clarification was sought regarding the sale of a bungalow at Highdown Gardens;
  • Whether there was any land donated to Lancing & Sompting Councils - Officers advised that there was not. 

 

Resolved 

 

The Joint Governance Committee

 

2.1       Noted that:

2.1.1   Highdown Gardens were held in trust by Highdown Tower Garden and Pleasure Ground, of which Worthing Borough Council was the sole Charity Trustee; 

2.1.2   The Chalk Pit Charity was held in Trust by the Chalk Pit Charity, of which Worthing Borough Council was the sole Trustee;

 

2.2       Recommended to Worthing Borough Council that they delegate to the Joint Strategic Committee the authority to act on behalf of Worthing Borough Council as sole charity trustee of Highdown Tower Garden and Pleasure Ground and Chalk Pit Charity, in all Executive matters relating to the operation of the Trusts.

 

2.3       Recommended to Worthing Borough Council that they delegate to the Joint Governance Committee the authority to act on behalf of Worthing Borough Council as sole charity trustee of Highdown Tower Garden and Pleasure Ground and Chalk Pit Charity, in all non-Executive matters other than those requiring Charity Commission consent or notification, and that they be required to bring an annual report to full Council each year on activity during the previous year.

 

2.4       Recommended to Worthing Borough Council that the Scheme of Delegations to Officers be amended to delegate authority to the Council’s Head of Environmental Services to act on behalf of Worthing Borough Council as sole charity Trustee of Highdown Tower Gardens and Pleasure Ground and Chalk Pit Charity in respect of all day to day management activities and administrative matters.

 

2.5       Noted that Officers would be reporting amended annual financial returns in respect of Highdown Tower Garden and Pleasure Ground, to the Charities Commission, for the previous 7 years.

 

2.6       Noted that Officers would be regularising matters with HM Land Registry to ensure that the ownership of the land at Highdown Gardens was accurately recorded.

 

2.7       Noted that:

2.7.1   Adur Recreation Ground was held in trust by Adur Recreation Ground, of which Adur District Council was the sole Charity Trustee; and

2.7.2   Southwick Green was held in trust by The Green, of which Adur District Council was the sole Charity Trustee.

 

2.8       Recommended to Adur District Council that they delegate to the Joint Strategic Committee the authority to act on behalf of Adur District Council as sole charity trustee of Adur Recreation Ground and Southwick Green, in all Executive matters relating to the operation of the Trusts.

 

2.9       Recommended to Adur District Council that they delegate to the Joint Governance Committee the authority to act on behalf of Adur District Council as sole charity trustee of Adur Recreation Ground and Southwick Green, in all non-Executive matters other than those requiring Charity Commission consent or notification, and that they be required to bring an annual report to full Council each year on activity during the previous year.

 

2.10    Recommended to Adur District Council that the Scheme of Delegations to Officers be amended to delegate authority to the Council’s Head of Environmental Services to act on behalf of Adur District Council as sole charity Trustee of Adur Recreation Ground and Southwick Green in respect of all day to day management activities and administrative matters.

 

2.11    Noted the Monitoring Officer’s use of delegated powers to make consequential changes to the Constitutions, in respect of the terms of reference of the Joint Governance Committee and Executive, the Officer Scheme of Delegations and the Joint Committee Agreement, subject to the above recommendations.

 

2.12    Noted the Monitoring Officer’s use of delegated powers to make consequential changes to the Constitutions and the Joint Committee Agreement between Worthing Borough Council and Adur District Council in respect of Leisure and Cultural Services arising from alternative delivery arrangements having been made by each Council.

 

Supporting documents: