Agenda, decisions and minutes

Regulatory and Appeals Committee - Thursday, 6th February, 2020 1.00 pm

Venue: the Banqueting Hall - City Hall, Bradford. View directions

Items
No. Item

64.

DISCLOSURES OF INTEREST

(Members Code of Conduct - Part 4A of the Constitution)

 

To receive disclosures of interests from Members and co-opted members on matters to be considered at the meeting. The disclosure must include the nature of the interest.

 

An interest must also be disclosed in the meeting when it becomes apparent to the Member during the meeting.

 

Notes:

 

(1)       Members may remain in the meeting and take part fully in discussion and voting unless the interest is a disclosable pecuniary interest or an interest which the Member feels would call into question their compliance with the wider principles set out in the Code of Conduct.  Disclosable pecuniary interests relate to the Member concerned or their spouse/partner.

 

(2)       Members in arrears of Council Tax by more than two months must not vote in decisions on, or which might affect, budget calculations, and must disclose at the meeting that this restriction applies to them.  A failure to comply with these requirements is a criminal offence under section 106 of the Local Government Finance Act 1992. 

 

(3)       Members are also welcome to disclose interests which are not disclosable pecuniary interests but which they consider should be made in the interest of clarity.

 

(4)       Officers must disclose interests in accordance with Council Standing Order 44.

Minutes:

No disclosures of interest in matters under consideration were received.

 

65.

INSPECTION OF REPORTS AND BACKGROUND PAPERS

(Access to Information Procedure Rules – Part 3B of the Constitution)

 

Reports and background papers for agenda items may be inspected by contacting the person shown after each agenda item.  Certain reports and background papers may be restricted. 

 

Any request to remove the restriction on a report or background paper should be made to the relevant Strategic or Assistant Director whose name is shown on the front page of the report. 

 

If that request is refused, there is a right of appeal to this meeting. 

 

Please contact the officer shown below in advance of the meeting if you wish to appeal. 

 

(Sheila Farnhill - 01274 432268)

Minutes:

There were no appeals submitted by the public to review decisions to restrict documents.

 

66.

THE FORMER BINGLEY SCIENCE, ARTS &TECHNICAL SCHOOL TRUST ('' THE FORMER SCHOOL'') 1889 AND 1896 TRUST SETTLEMENT pdf icon PDF 106 KB

In May 2019 the Council as corporate trustees (the trustees) made three awards for educational purposes and agreed the remainder of the proceeds of sale of the former school should be held in a trust interest bearing bank account in the name of the Council as Corporate Trustees.

 

The City Solicitor will submit a report (Document “AD”) which invites the Trustees to review the current position and consider the options and recommendations relating to the following:-

 

(i)         Future investment of the trust fund to safeguard its capital value      (currently stands at £223,000) and provide an income for future awards           for educational purposes.

(ii)        A constitution and name of the trust fund and its registration with the         Charity Commissioners.

 

Recommended –

 

(1)       To pursue Options 2, 3 and 6 seeking the appropriate internal and        external legal and financial advice where required and in the     meantime continue with option 1 as set out in Document “AD”.

 

(2)       To seek assistance from the Charity Commissioners relating to             the registration of the trust as a charity, its future constitution and its geographical area.

 

(3)       The City Solicitor to write to schools and other educational         organisations in the BIAD to explain the existence of the trust           funds and the option to seek awards in 2021 when the             investments of the fund have been settled.

(4)       The City Solicitor generally to publicise the existence of the Trust         Fund and seek additional donations from the residents and             businesses of the Bingley area.

 

(5)       To note the concerns and suggestions of the Bingley Town       Council and the Bingley Grammar school but to keep the current         arrangements for the administration of the trust fund and awards with the Council for the present time.

 

 (Richard Winter - 01274 434292)

Additional documents:

Minutes:

 

In May 2019 the Council as corporate trustees (the trustees) made three awards for educational purposes and agreed the remainder of the proceeds of sale of the former school should be held in a trust interest bearing bank account in the name of the Council as Corporate Trustees.

 

The City Solicitor submitted a report (Document “AD”) which invited the Trustees to review the current position and consider the options and recommendations relating to the following:-

 

(i)         Future investment of the trust fund to safeguard its capital value      (currently stands at £223,000) and provide an income for future             awards for educational purposes.

(ii)        A constitution and name of the trust fund and its registration with    the      Charity Commissioners.

 

The City Solicitor gave an overview of the report, setting out the historical context and the significance of the Bingley Educational Trust. He drew attention to the current situation regarding the trust fund and that given the derisory interest rate the fund was accruing at the present time, the proposal was to invest the money in line with similar funds the Council was administering, which should yield a better return, and therefore it was proposed that no awards be sanctioned at the present time.

In addition the Trust should be set up as a charity and the mechanics of achieving this was set out in the report, with a proposal to rename it and also recommend the inclusion of Bingley Grammar School as part of the area from which applications for assistance could be considered.

A Bingley Ward Councillor was present at the meeting and he urged the Trustees to handle all applications with transparency and ensure that the governance arrangements were stringent, and he suggested that Ward Councillors should be fully consulted when applications for assistance were received.

The City Solicitor clarified that the previous award to Bingley Pool had now been returned to the Council.

The Chair of Bingley Town Council was also present at the meeting and she urged that in setting up the new charity, the money left in trust should not be diverted to cover administrative costs and she also urged local representation on the Trust, and that the Trustees work closely with the Town Council.

The Chair stressed that the Trustees would act in the best interest of the Trust and that this Committee sitting as Trustees comprised of a broad church of people.

Members were in agreement that in considering applications for assistance, that Bingley Ward Councillors and a nominated person from Bingley Town Council should be consulted as part of that process, and it was therefore:

 

 

 

Resolved –

 

(1)       That Options 2, 3 and 6 be approved seeking the appropriate     internal and external legal and financial advice where required     and in the meantime continue with option 1 as set out in             Document “AD”.

 

(2)       That assistant be sought  from the Charity Commissioners         relating to the registration of the trust as a charity, its future   constitution and its geographical area.

 

(3)       That  ...  view the full minutes text for item 66.