SUMMARY/PURPOSE

1. This paper recommends nomination of a Trustee by the Council to the Northwood House Trust.

BACKGROUND

2. By an Order dated 31 July 2002 the Charity Commissioners for England and Wales approved a scheme governing the Northwood House Trust. The Scheme provides for Trustees to be nominated by the Council and the Scheme records that Councillor Barry was appointed in the first instance for a term of four years.

3. By a letter dated 20 November 2002, Councillor Barry informed the Trustees that he had, reluctantly, come to the decision to give one month’s notice to terminate his Trusteeship, as he was unable to devote the necessary time to the management of the Trust.

4. Councillor Barry’s resignation takes effect on 20 December 2002 and was received after the publication of the Forward Plan for the period commencing 1 December 2002. The Forward Plan shows a report seeking decisions in relation to the Trust but does not specify the appointment of a new Trustee, as this was not anticipated. Given the timing of the development, it will not be possible to ensure a seemless succession without taking an item without specific reference on the Forward Plan. The Trustess require more time to formulate their business plan before the substantive decisions anticipated in the forward plan are taken.

STRATEGIC CONTEXT

5. Action 1.64 of the Community Strategy, under the theme guaranteeing the quality of life and sustainability, refers to the completion of a feasibility study into the restoration of Northwood Park, premises which form part of the Trust property. It is anticipated that a Council nominated Trustee with sufficient time to devote to the management of the Trust will directly contribute towards the realisation of this objective.

CONSULTATION

6. If the appointment is an Executive function then it is a matter entirely for the discretion of the Executive. No consultation has been taken outside of the Council although the other Trustees are aware that a decision is to be taken.

FINANICAL BUDGET IMPLICATIONS

7. The recommendation would incur no identifiable additional cost.

LEGAL IMPLICATIONS

8. As a party to the Trust Scheme, in the guise of Foundation Trustee, the Council is obliged to nominate a Trustee.

9. The nominated Trustee will acquire the responsibility, rights and duties of a Trustee and will need to act in the interests of the Trust rather than the Council

OPTIONS

10. The Executive is required to make an appointment and this maybe of:

(a) an Officer

(b) a Member of the Executive

EVALUATION/RISK MANAGEMENT

11. The Trust was established in order to help deliver the objectives of the Trust which are set out in a Conveyance dated 19 August 1929. The establishment of a Trust was designed to separate the management of the Trust property from the management of the functions of the Local Authority. It is therefore, suggested that it is not appropriate for an Officer to be the appointed Trustee. As well as not furthering, to the maximum extent possible, the intention of separating the management of the Trust from the management of the Council, there is a slightly higher chance that an Officer will more frequently encounter irreconcilable conflicts of interest.

12. Whilst the Trust is not a major strategic partner, it has the potential to engage with the Local Authority (and perhaps Wight Leisure upon externalisation), as landlord and as client for services. It is suggested therefore, that a Member of the Executive is best placed to deliver the benefits to the Trust of having a Council nominated Trustee. They will be able to bring to the table information relating to the Council’s objectives and strategic decision making processes which a non-Executive Member is likely to be slightly less able to do.

RECOMMENDATIONS

13. It is recommended that an additional Member of the Executive is nominated as the Council’s Trustee

BACKGROUND PAPERS

14. Scheme of Government 31 July 2002

Contact Point : John Lawson, ( 823216, e-mail: [email protected]@iow.gov.uk

M J A FISHER

Head of Paid Service and Strategic Director of Corporate and Environment Services

S A SMART