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The Trusts Cabinet Committee considered how the Council runs the trusts it acts for as corporate trustee. It adopted a new Conflicts of Interest Policy and delegated routine trust matters to officers, while keeping significant decisions with the Committee.
Decision as recorded
RESOLVED: that 1. the forward planning of forthcoming trust decisions set out in Appendix A be noted; 2. the Conflicts of Interest Policy for Council Trusts set out in Appendix B be approved and adopted; and 3. Authority be delegated to the Chief Executive/relevant Director/Assistant Director/ Operational Manager in accordance with (i) the financial thresholds set out in the Scheme of Delegations and (ii) subject to complying with the Council’s Contract Standing Orders and Procedure Rules and Procurement Law, authority to implement and carry out all operational matters to advance the purpose or objects relating to the specific charity within their area of responsibility, save for any significant decisions that are specifically reserved to the Trusts Cabinet Committee including but not limited to: a) Changing the governing document/objects of the trust/charity; b) Appointing or removing new trustees; c) Any acquisition or disposal of any trust asset including charity land, including any grant of an interest in land; d) Winding up any trust/charity; and e) Any other decision of a significant nature affecting the trust/charity, Providing always that no delegation may be exercised in circumstances where there is a significant conflict of interest with the Council’s own interests.
The Trusts Cabinet Committee considered the Trusts?Governance report which sets out the governance arrangements for Trusts of which the Council acts as a corporate trustee, following earlier Cabinet and Council decisions to strengthen transparency and separation between the Council’s trustee role and its wider local authority functions. The report outlines the establishment and remit of the Trusts Cabinet Committee, the supporting Advisory Committee for managing significant conflicts of interest, and the training provided to Cabinet Members to ensure they are equipped to discharge trustee duties lawfully and in the best interests of each trust. It also provides an overview of the ongoing review of trusts, including clarification of assets held on trust, the scope of the Committee’s responsibilities, and the development of a forward working plan for forthcoming trust decisions. The report alsodetails the proposed Conflicts of Interest Policy for Council Trusts, (informed by Charity Commission guidance), to ensure that conflicts are properly identified, managed and recorded when trustee decisions are taken. The report also addresses trustee decision?making arrangements and recommends the delegation of routine operational trust matters to officers within existing financial thresholds, while reserving significant decisions such as disposals of trust assets, changes to governing documents, and matters involving serious conflicts of interest to the Committee. The Committee noted that the new arrangements will ensure a clear separation of the Trustee role from the Council’s ordinary statutory functions and ensure that any conflicts of interest that may arise in the future are effectively managed, in line with Charity Commission guidance. RESOLVED: that 1. the forward planning of forthcoming trust decisions set out in Appendix A be noted; 2. the Conflicts of Interest Policy for Council Trusts set out in Appendix B be approved and adopted; and 3. Authority be delegated to the Chief Executive/relevant Director/Assistant Director/ Operational Manager in accordance with (i) the financial thresholds set out in the Scheme of Delegations and (ii) subject to complying with the Council’s Contract Standing Orders and Procedure Rules and Procurement Law, authority to implement and carry out all operational matters to advance the purpose or objects relating to the specific charity within their area of responsibility, save for any significant decisions that are specifically reserved to the Trusts Cabinet Committee including but not limited to: a) Changing the governing document/objects of the trust/charity; b) Appointing or removing new trustees; c) Any acquisition or disposal of any trust asset including charity land, including any grant of an interest in land; d) Winding up any trust/charity; and e) Any other decision of a significant nature affecting the trust/charity, Providing always that no delegation may be exercised in circumstances where there is a significant conflict of interest with the Council’s own interests.
Councillors must say when they have a personal link to something being discussed, such as a job, a property or a family member. A prejudicial interest is one strong enough that the councillor usually leaves the room and takes no part.
Declarations are read from the minutes once they are published.
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