Minutes of a meeting held on 17th March, 2014.
Present: Councillor F.T. Johnson (Chairman); Councillors T.H. Jarvie, K.P. Mahoney, A. Parker, A.G. Powell and C.J. Williams.
955 MINUTES –
RESOLVED – T H AT the minutes of the meeting held on 30th September, 2013 be approved as a correct record.
956 DECLARATIONS OF INTEREST –
Councillor T.H. Jarvie declared a non prejudicial interest in Agenda Item No. 4 in that he was a Local Authority appointed governor at Cowbridge Comprehensive School.
957 COWBRIDGE COMPREHENSIVE SCHOOL TRUST (HLS AND HARM) –
The Council, as Trustees of the above Trust, had held assets under the terms of the settled scheme in 1983 by the Charity Commission.
The Council’s continuance in the role of Trustee of the Trust had been discussed at its meeting held on 22nd July 2013 whereupon at that time the Committee resolved
(i) That the Trustees of the Sir Thomas Mansel Franklen Trust be approached to ascertain whether they would take on the role of Trustees of the Cowbridge Comprehensive School Trust;
(ii) In light of the fact that the object of the 1983 scheme governing the Cowbridge Comprehensive School Trust and all completely fulfillable (the principal object being provision of a secondary school) that the running of the Trust be transferred to new Trustees, namely the present Trustees of the Sir Thomas Mansel Franklen Trust (subject to their agreement);
(iii) That the Council as present Trustee and the Sir Thomas Mansel Franklen Trust is entering into an appropriate form of Deed whereby the Council ceases its role as Trustee and the Sir Thomas Mansel Franklen Trust are appointed its new Trustees;
(iv) That the Head of Legal Services and the Head of Accountancy and Resource Management submit a report to the Committee as matters progress.
The Committee was reminded that the scheme provided for the provision of a secondary school on the site of the former lower school and the application of the Charity’s income to the Sir Thomas Mansel Franklen Trust. The scheme required the income generated to be paid to the Trustees of the Sir Thomas Mansel Franklen Trust. The object of the trust were the provision of special benefits for Cowbridge Comprehensive School of a type not normally provided by the Local Education Authority and the promotion of education including the social and physical training of persons who are or were pupils at Cowbridge Comprehensive School and in need of adequate assistance.
Due to the sale of the lower school site the object of the scheme was no longer capable of being completely fulfilled. Since reporting previously on the subject, the Sir Thomas Mansel Franklen Trust had agreed to transfer to themselves and appointed solicitors to act for them and the necessary form of Deed had been agreed. Details of the Trust’s assets had been notified to the Sir Thomas Mansel Franklen Trust’s solicitors. It was envisaged that subject to the Charity Commission approval, the necessary documentation could be concluded and the necessary administrative steps to transfer investments and holdings to the new Trustees be completed.
In the absence of any involvement in the running of the school and landholding and, given the Charity Commission’s approval of the principle of the Council as Trustee of the scheme and that the appointment in its stead of the Sir Thomas Mansel Franklen Trustees, it was considered that the best way forward was to proceed by way of retirement of the Council as Trustees and the appointment of the Trustees of the Sir Thomas Mansel Franklen Trust.
As indicated in the report to the Committee in July 2013 in relation to the playing fields, under the terms of the 1983 scheme the Council is holding Trustee, therefore the new Trustees would be advised to vest the land in the Official Custodian of the charity under the Charities Act 2011.
Discussion ensued regarding the wording of the officer recommendation to include the transfer of the assets. Clarification was sought by the Committee in relation to the timing of the transfer of the Trust’s assets and whether this was premature given that the Deed of Transfer and appointment had not yet been entered into. The Legal Officer in attendance clarified the position in regard to the relationship between the two existing trusts and the future role of the Sir Thomas Mansel Franklen Trust and its trustees post completion of the Deed of Retirement and Appointment.
RESOLVED – T H A T the necessary Deed of Retirement and Appointment be entered into with the Sir Thomas Mansel Franklen Trustees.
Reason for decision
The Council had no reason to remain as Trustees where the objects of the Trust would be better operated by other Trustees closely involved in the objects of the Cowbridge Comprehensive School Trust.
958 FORMER SIXTH FORM SITE, COWBRIDGE (HLS AND HARM) –
The above matter had been previously discussed by the Trust Committee at its meeting held on 22nd July 2013 whereupon at that time the Committee had been informed that the Trust in relation to the Sixth Form Site, was a distinct Trust that was imposed by a conveyance of the land. The relevant schemes dates from 1912 and provided that the land is to be used for the purposes of a secondary school. Due to the failure of that Trust, due to the discontinued use of the site, the Charity Commission had advised that a new scheme would be necessary and such scheme to be as near as possible to the 1912 scheme objects. Since last reporting on the matter a new draft scheme had been formulated and agreed in principle with the Charity Commission (that scheme replicating the essence of the Sir Thomas Franklen Trust objects). It was hoped that subject to formal consultation with the public that a new scheme could be formally approved.
The Committee at that time subsequently resolved:
(i) that the former Sixth Form Site which is the subject of the terms of the 1912 scheme shall be the subject of an application to the Charity Commission for a new scheme as set out in paragraphs 4 and 5, enabling disposal of the land and an application resulting in the power for sale under the terms of the new scheme to that consultation in relation to the new scheme be carried out and the Charity Commission approval of the terms of this scheme obtained;
(ii) that approval expected from the Trust be delegated to the Head of Accounting and Resource Management in consultation with the Chair of the Trust Committee.
The Committee was advised that the formal consultation proposed was to be with schools within a two mile radius of Cowbridge i.e. Ysgol y Bont Faen, Ysgol Iolo Morgannwg, Llanfair Primary School and Llangan Primary School. Following the completion of the consultation exercise the findings would be reported to the Charity Commission who would then consider inter alia whether any further and wider consultation would be necessary before a new scheme could be approved. The new scheme, which would include a power of sale and any sale must be the subject of public notice inviting representations.
Having regard to the above and related issues, it was
RESOLVED – T H A T the draft scheme approved by the Charity Commission be the subject of consultation and the results of such consultation be the subject of a further report to the Trust Committee.
Reason for decision
Having regard to the failure of the Trust in relation to the Sixth Form Site, Cowbridge as reported to the Trust Committee meeting on 22nd July 2013 and the subsequent necessity for a new scheme to be put in place following public consultation.