Agenda, decisions and minutes

Forward Plan Ref: 2013/030

Contact: Deborah Rouget, Sufficiency & Access Manager, Early Years & Childcare Tel: (01865) 810617

Report by Director for Children’s Services (CMDE4).

Bampton Primary School has applied to open a Foundation Stage Unit (new nursery class). On 4 February 2013 the Cabinet Member agreed the recommendation at Stage 1 of the proposal for publication of a statutory notice. As no objections have been received, at Stage 2 the Cabinet Member for Education will determine the proposal as the ‘decision maker’ under the Education and Inspections Act 2006. This requires consideration of the proposal against the factors that must be considered as laid down in statutory guidance. The report requires the cabinet member to reject the proposal or approve it with a modification or subject to meeting a specific condition.

The Cabinet Member for Education is RECOMMENDED to either:

(a)      reject the proposal;

(b)      approve the proposal;

(c)      approve the proposal with a modification (e.g. the proposed implementation date);

(d)      approve the proposal subject to them meeting the specific conditions:

·                that all remedial and preventative building works recommended in the Carillion survey of the temporary unit be fully funded from pre-school and school reserves;

·                that an asbestos management survey of the temporary unit be undertaken;

·                that the school revise their fire management programme to include the temporary unit;

·                that the pre-school write to the Headteacher to confirm transfer of ownership or ‘gift’ of the temporary unit and surrender their lease;

·                that all conditions are met before the proposed implementation date.

to approve the proposal subject to them meeting the specific conditions:

·                     that all remedial and preventative building works recommended in the Carillion survey of the temporary unit be fully funded from pre-school and school reserves;

·                     that an asbestos management survey of the temporary unit be undertaken;

·                     that the school revise their fire management programme to include the temporary unit;

·                     that the pre-school write to the Headteacher to confirm transfer of ownership or ‘gift’ of the temporary unit and surrender their lease;

·                     that all conditions are met before the proposed implementation date.

Forward Plan Ref: 2013/039

Contact: Stephanie Skivington, Corporate Finance Manager Tel: (01865) 323995

Report by Director for Children’s Services (CMDE5).

The report requests a decision to set up processes to allow the Council to discharge its powers as a charitable trustee under the provisions of the Charities Act 2011 relating to replacing the purposes of unincorporated charities with smaller funds (section 275) and spending the capital of unincorporated charities with smaller funds (section 281), where necessary with a view to closing the relevant trust.

The Council is trustee of a number of small trusts, many relating to schools' prizes or similar with a permanent endowments.  The size of the endowments is such that they only generate a small amount of income each year and the funds of some of these trusts have not been used for a number of years.  In some cases, the purposes for which the funds are required to be used are out of date (for example, relating to schools which no longer exist).

The Charities Act 2011 contains provisions allowing for the trustees of unincorporated charities to replace the purposes and spend the capital of the charities.  These provisions require the making of resolutions.  The report proposes a way by which the Council would make such resolutions where it is a trustee, including with a view to closing the trust.

The Cabinet Member for Education is RECOMMENDED to delegate to the Director for Children, Education and Families,in consultation with the Chief Finance Officer, the power to make resolutions on behalf of the Council pursuant to sections 275 and 281 of the Charities Act 2011 (or any successor provision with the same or substantially similar effect) where the Council is a charitable trustee, including with a view to closing the charitable trust where this is considered appropriate.

to delegate to the Director for Children, Education and Families, in consultation with the Chief Finance Officer, the power to make resolutions on behalf of the Council pursuant to sections 275 and 281 of the Charities Act 2011 (or any successor provision with the same or substantially similar effect) where the Council is a charitable trustee, including with a view to closing the charitable trust where this is considered appropriate.