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Agenda item

Governance Review - Guildry Trust Deed - CG/17/018

Minutes:

The Sub Committee had before it a report by the Interim Director of Corporate Governance which provided an update on the ongoing work to finalise a revised constitution for the Guildry and Mortifications Fund for approval by the Office of the Scottish Charity Regulator (OSCR).

 

The report recommended:

That the Sub Committee –

(a)       note the proposed plans on how funding would be granted in accordance with the revised Charitable purposes; and

(b)       instruct the Council’s Head of Finance and Head of Legal and Democratic Services to jointly develop a process for applying for, and awarding funding which would be in compliance with OSCR requirements.

 

Ms Kundai Phute, Solicitor, advised that following advice and further consideration of the matter, it was recommended that the report be referred to Council for approval of the following revised recommendations:

 

To recommend that:

(a)       the Council notes the proposed plans for how funding would be awarded by the Guildry and Mortifications Trust in accordance with the Trust’s revised Charitable trust purposes;

(b)       the Council instructs the Head of Finance and Head of Legal and Democratic Services jointly, and in consultation with the Convenor of the Sub Committee, to develop a process for applying for and awarding such funding, which process would be in compliance with OSCR requirements;

(c)        The Council amends the Terms of Reference of the Sub Committee to delegate power to it to consider, assess and approve or decline any applications for such funding made to it;

(d)       the Council instructs the Head of Finance and Head of Legal and Democratic Services to work in collaboration with Aberdeen Council of Voluntary Organisations (ACVO) and the Guildry of Aberdeen to raise awareness of the revised Charitable trust purposes and the above process;

(e)       The Council instructs the Sub Committee to report back to it annually on the administration of the Trust, including any such funding awards; and

(f)        the Council instructs the Head of Finance and Head of Legal and Democratic Services jointly, and in consultation with the Convenor of the Sub Committee, to take such other actions as may be necessary or expedient in order to progress and finalise the reorganisation of the Trust.

 

Ms Phute spoke to the report and advised members that the revised scope of the Guildry and Mortifications Trust Fund would be broadened whilst retaining the ‘spirit of the Trust’ to enable funds to be awarded to any student residing or studying within the city but not restricted to those students who may be invited to join the Burgesses in the future.

 

Ms Phute further advised that OSCR were particularly interested in how people could access funds held by the Trust.  In this regard, Ms Phute advised that the three main beneficiaries would be students; the Burgesses of the Guild and their family members; and charities and organisations based in the city which aimed to assist elderly people, those with ill health or disability and those suffering from financial hardship, as outlined in Appendix B to the report.

 

With reference to the revised recommendations, it was proposed that a meeting between the Lord Dean, Finance and Legal and Democratic Services be arranged to prepare a report which would be considered at a special meeting of the Sub Committee before submission to full Council for approval.

 

The Sub Committee resolved:

(i)         to refer the report and the revised recommendations to Council for approval; and

(ii)        to arrange a meeting with the Lord Dean and key officers to prepare a report in line with recommendations for consideration at a special meeting of the Sub Committee prior to submission to full Council for approval.

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