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BABERGH DISTRICT COUNCIL
HADLEIGH AND DISTRICT SWIMMING POOL TRUST COMMITTEE
MINUTES OF A MEETING OF THE HADLEIGH AND DISTRICT SWIMMING POOL TRUST COMMITTEE HELD IN THE COUNCIL CHAMBER, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON TUESDAY, 17 MAY 2005
PRESENT: Mr B L Lazenby – Chairman
Mr J C Brand
Mr D H Keane
1 ELECTION OF VICE-CHAIRMAN
That Mr D H Keane be elected Vice-Chairman of the Hadleigh and District Swimming Pool Trust Committee for the ensuing year.
2 DECLARATION OF INTERESTS
None declared.
3 PETITIONS
None received.
4 QUESTIONS FROM MEMBERS
None received.
5 EXCLUSION OF PUBLIC (WHICH TERM INCLUDES THE PRESS)
RESOLVED
That pursuant to Section 100A (4) of the Local Government Act 1972, the public be excluded from the meeting for the business specified below, on the grounds that if the public were present during this item, it is likely that there would be the disclosure to them of exempt information as indicated against the item.
6 IMPLICATIONS FOR THE TRUST OF THE PROPOSED ESTABLISHMENT OF A NON PROFIT DISTRIBUTING ORGANISATION (NPDO) FOR BABERGH’S SWIMMING POOLS (Exempt information by virtue of Paragraphs 9 and 12 of Part 1)
The Head of Legal and Administrative Services submitted a report (Paper E29) providing an outline of the independent advice which it is recommended that the Committee should seek to enable it to report to Council as Trustee of the Hadleigh and District Swimming Pool Trust on the best course of action for the Trust to take.
During the course of discussion of this item it was agreed that the Head of Charity Law Development at Bates Wells and Braithwate, Solicitors be approached and asked to nominate a Solicitor who should provide independent advice for the Council as Trustee with regard to the implications for the Trust of the NPDO.
The Solicitor to the Council asked Members of the Committee to identify any questions they wished to be put to Lawrence Graham Solicitors who were acting for the Council as Local Authority in connection with the establishment of the NPDO. No questions were identified.
RESOLVED
(1) That independent advice from an external solicitor or consultant be sought on the following points:-
(a) Whether it is in the best interests of the Charity that the Hadleigh Swimming Pool should be run by the NPDO
(b) Assuming that the formation of an NPDO proceeds, whether it is in the best interests of the charity to surrender, assign or to retain the remainder of the lease
(c) If it is considered proper to dispose of the remainder of the lease by surrender or assignment what is the future for the existing charity? Particularly if there are no remaining assets should the charity be wound up?
(2) That should the Committee recommend surrender or assignment as a course of action, an independent report be sought from a surveyor as to the value of the asset to be disposed of.
(3) That the Committee obtain and consider written advice from the Charity Commission as to the correct procedure (in its particular circumstances) for any potential disposal/transfer of property, before making its report to Council as Trustee. The Committee should also seek the Commission’s comments on the position of the Trust following a disposal.
(4) That when all necessary external advice has been obtained and considered by the Committee a report be made to Council as Trustee recommending the course of action which is in the best interests of the Charity.
The business of the meeting was concluded at 3.10pm
Chairman
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