Archived decisions

HAMPSHIRE COUNTY COUNCIL

Record of Executive Decision:

1) Summary:

The following decisions were made:

1.1. That the charitable accounts for 2007 -08 be approved.


1.2. With regard to the T Houghton Trust:

a) Being satisfied that (i) it is expedient in the interests of the Trust for its purposes to be modified, and that (ii) so far as reasonably practicable, the new purposes consist of or include purposes similar in character to those being replaced, that the Trust's purposes be replaced with revised purposes as follows: "the provision of books, equipment or other resources, for the benefit of pupils attending Perin's School, which would not normally be provided by the local education authority", further to Section 74C Charities Act 1993; and

b) Being satisfied that the Trust's purposes could be carried out more effectively if both the capital and income in the Trust fund could be expended on Trust purposes, rather than merely income, that the Trust is freed of any restriction with respect to the expenditure of capital, further to Section 75 Charities Act 1993; and


c) That one payment representing the entire funds of the Trust (capital and income) be made to the governing body of Perin's School, to be applied towards the modified purposes as stated in paragraph (a) above, and


d) That the Trust then be dissolved.

1.3. With regard to the Portal Prize Fund:


a) Being satisfied that (i) it is expedient in the interests of the Trust for its purposes to be modified, and that (ii) so far as reasonably practicable, the new purposes consist of or include purposes similar in character to those being replaced, that the Trust's purposes be replaced with revised purposes as follows: "the promotion of an understanding of other nationalities, faiths and ethnic origins amongst young persons resident in or attending secondary schools in Hampshire", further to Section 74C Charities Act 1993; and

b) Being satisfied that the Trust's purposes could be carried out more effectively if both the capital and income in the Trust fund could be expended on Trust purposes, rather than merely income, that the Trust is freed of any restriction with respect to the expenditure of capital, further to Section 75 Charities Act 1993; and


c) That one payment representing the entire funds of the Trust (capital and income) be made towards a programme identified by the Director of Children's Services which meets the modified purposes as stated in paragraph (a) above, and


d) That the Trust then be dissolved

2) Reasons for the decision:

These are the reasons for this decision being made, including any links to the corporate strategy:

2.1. This proposal does not link to the Corporate Strategy but, nevertheless, requires, under the Charities Act 1993, a decision to approve the accounts and reports appended to this report because the County Council acts as sole trustee to the charities mentioned in the report.

2.2. The report also explains action proposed in respect of those smaller charities where, currently, very little use is being made of the funds available. This would be through the exercise of new powers under the Charities Act 2006 that have been brought into force during 2008.

3) Other options considered and rejected:

3.1. It is a legal requirement that the accounts are approved and the annual returns made to the Charity Commission.

3.2. Whether or not to take the steps identified in sections 4 - 6 of the report is a matter for the Council. However, the proposals are made on the basis that the objects of the trusts are no longer fit for modern day purposes, and that action is required if the funds are to be applied towards the interests of the intended beneficiaries.

4) Conflicts of Interest:

4.1. Conflicts of interest declared by the Decision-Maker:

a) None

4.2. Conflicts of interest declared by other Executive members consulted:

a) None

5) Dispensation granted by the Standards Committee:

None

6) Any reasons for the matter being dealt with urgently:

None

7) Statement from the Decision Maker: