Agenda and draft minutes

Apologies for absence were received from Councillor Malik.

There were no declarations of interest received.

There were no items of urgent business received.

There were no public questions for this meeting of the Committee to consider.

The Minutes of the meeting of the Charitable Trust Committee held on 13^th June 2023 are attached for approval.

RESOLVED that the minutes of the meeting held on 13 June 2023 be approved as a correct record.

Annual Report attached

Resolved:

That the Clayton Playing Fields Trust accounts for the year ended 31 March 2023 be approved.

That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following two items of business on the grounds that they contain exempt information under paragraph 3 of Part 1 of Schedule 12A of the Act, and it would not, on balance, be in the public interest to disclose the reports.

RESOLVED that, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they contain exempt information under paragraph 3 of Part 1 of Schedule 12A of the Act, and it would not, on balance, be in the public interest to disclose the reports.

Proposals regarding the operations of the Charitable Trust

The Committee considered a report regarding commercially sensitive information in relation to a Long Underleasehold property more particularly referenced to in the report.

Reference was made to the consultation to be carried out and it was suggested that Action Together, Age Related Group, Age Concern and Ward Councillors should be included in the consultation process.

Resolved: that subject to Action Together, Age Related Group, Age Concern and Ward Councillors being included in the consultation advertising as referred to in 1 below the following be approved -

1. The Charitable Trust Committee (having already resolved that the Charity Property should be sold as soon as reasonably practicable and, if recommended by a suitable independent expert, by auction sale) authorises and instructs Legal Services, Oldham Borough Council, to carry out on behalf of the CTC a consultation in accordance with the requirements of the Charity Commission in order for the Commission to further a Scheme to be issued in respect of the Charity to enable the following:

1.1 The alteration of the objects of the Charity to: ”To use the assets of the Charity to provide financial support and assistance to one or more organisations or bodies of a charitable or voluntary nature that provide support and/or assistance (both practical, social and financial) to persons of and above pensionable age by the giving of grants (on application) and/or donations by the Charity to such organisation or bodies.”, and

1.2 The sale of the Charity Property on the open market (if required by circumtances, subject to any rights of occupation of CO-OPERATIVE GROUP ESTATES SERVICES LIMITED (“Co-op” in respect of the garage situated on the Charity Property).

1.3 Pending the sale of the Charity Property the grant of a renewal lease to the Co[1]op in respect of the garage at the Charity Property on such terms as a suitably qualified person shall recommend.

 2. To authorise and request Legal Services, Oldham Borough Council on the CTC’s behalf to report back to the Charity Commission with copies of any responses to the consultation received by the CTC/the Council on behalf of the CTC.

 3. To authorise and request Legal Services, Oldham Borough Council on the CTC’s behalf to continue to press for the issue of a Scheme by the Charity Commission following completion of the consultation and report back on results of such consultation on behalf of the CTC to the Charity Commission.

Report to be circulated

The Committee considered a report regarding commercially sensitive information in relation to requirements for a Spending Permanent Endowment in relation to a property in Oldham.

Reference was made to suggested resolution in relation to this item and in particular, the reference to ‘Appropriate bodies or organisations providing assistance or services in keeping with the objects of the charity’. It was suggested that this wording should be amended to make specific reference to lifestyle activities such as teaching cookery and laundry instead of  generalistic terms.

Resolved: that this item be deferred to enable the wording suggested in the resolution, i.e., ‘Appropriate bodies or organisations providing assistance or services in keeping with the objects of the charity’ to be reworded to include specific reference to lifestyle activities instead of the generalistic terms set out.