To receive guidance from Mr. Philip Health, Weightmans LLP in relation to the above.
Minutes:
The Chair welcomed Mr. Phillip Heath, Weightmans LLP to the meeting.
The Secretary gave a background report to the meeting on the reasons why he had invited Mr. Heath to address the meeting. He noted that Members of the Trust has concerns regarding future administration and safeguarding the assets of the Trust for the benefit of the residents of the Isle of Anglesey.
Mr. Phillip Heath outlined the issues that will need to be clarified to safeguard the assets of the Trust :-
· The original Trust Deed dates from 1990 and refers to Anglesey as a ‘Borough’ and within the terms of the definition of the document it defines the Trustees as the ‘Council’ and any other persons holding office as a Trustee of the Trust. In 1996 a ‘Deed of Variation’ was entered into and part of which the local authority contacted the Charity Commission stating that the local authority was now Isle of Anglesey County Council. However on the Charity Commission’s website it seems that they have not amended their documentation. The area of benefit aswell on the Charity Commission’s website notes the ‘area of benefit’ as the Borough of the Isle of Anglesey.
· If, in the future, there was to be a change in local government structure any Member of that Council would become a Trustee of the Trust whether he/she lived or represented people on the island or not. Mr. Heath considered that the current Trust should consider approaching the Charity Commission to submit a Deed of Variation to remove the reference to the ‘Council’ and to secure the area of benefit as the Isle of Anglesey rather than the ‘Borough’ or ‘Council’.
· The charitable objectives should also be considered to be amended to the ‘general benefits should be the persons resident on the Isle of Anglesey.
Members of the Charitable Trust were unanimously in agreement to request Mr. Heath to act on behalf of the Trust in contacting the Charity Commission with the issues as noted above.
Mr. Heath outlined thereafter issues in relation to the administration of the Charitable Trust to the Meeting. The Charity Commission may consider that the separation of interest between the Council and the Charitable Trust may arise to a conflict of interest. The Trustees need to consider as follows:-
• To maintain that the Council providing administrative support to the Trust. The cost of the support would need to be investigated and reported to the Trust;
• That the Trust sets up its own Secretariat to provide support to the Trust;
• To outsource the administration of the Trust to an outside organisation.
Members of the Charitable Trust requested that a report be submitted to the next meeting of the Trust outlining the costings and risks of the above 3 options.
The Secretary stated that questions had been raised at the last meeting of the Trust regarding the eligibility of Amlwch to be able to present applications for funding from the Charitable Trust. He noted that Amlwch received a financial legacy by Shell UK when the company left the area and it is believed that Amwlch Town Council had set up a group to distribute grants thereafter for the benefit of the Amlwch area at that particular period. Members of the Trust were supportive of Amlwch being able to now be considered as any other area within the Island to submit applications for grant funding from the Trust. However they considered that information needs to be gathered as to the organisations that has benefited and a balance sheets needs to be sought from Amlwch Town Council before a decision can be made by the full Charitable Trust.
RESOLVED :-
• To request Mr. Heath to contact the Charity Commission in respect of the requirement in the Variation of the Trust Deed as noted above.
• That a report be submitted by the Secretary and Mr. Heath on the costings and risks of the future administration of the Charitable Trust.
• To request the Secretary to contact Amlwch Town Council for information in respect of a balance sheet and beneficiaries of Shell UK legacy to the town and that a report be submitted thereafter to the next meeting of the full Charitable Trust.