The Scheme of 9^th November 1966 sets out that the registered charity – the Village Hall – is to be administered under the terms of the Scheme.  Thus the Parish Council holds title to the land on which the Hall stands as Custodian Trustee for the Management Committee established by the Scheme.  The Parish Council has no right to interfere in the management of the Charity. The Council has the right to appoint two representative members of the Committee, who each act in a personal capacity as a Managing Trustee of the Hall Charity.

 

The Recreation Ground is left by the 1966 Scheme with the Parish Council on the subsisting trusts. Thus we look to the Will and Codicil for any instructions as to management.  The land is held “in trust” and is therefore regarded as held under general charitable trusts rather than local government powers. The wording is so scant that the Commission may take a different view – but to date I have rarely found that to be so.  Thus the land is held for its use as a recreation ground for the benefit of the people of the parish.  No funds have been provided so the costs of maintenance, insurance and general management fall to the Managing Trustees.  The Council is the Sole Managing Trustee of the Charity. The individual councillors are not individual trustees – the corporate body is the single managing trustee.  The Council should meet in separate meetings for the charitable purposes – approving the use of the ground, approving insurances and charges, setting policies, and approving the Annual Report and Accounts of the Charity each year.   The day-to-day management of the ground can be delegated to the Clerk under directions given by the Trustee Body.  Thus grass-cutting etc is a cost controlled and borne by the Council.  In the absence of any income for the Charity, all expenses will be met by the Council and will be treated as a Grant-in-kind to the Charity. VAT will be recoverable provided the section 33 scheme conditions are complied with.