Gorran Church School Rooms: Charity Commission decision
Published 7 September 2011
Applies to England and Wales
The Commission received representations about a proposed Scheme that would allow the trustees to sell the property belonging to the charity and provide for how the proceeds of sale would be used.
The review was conducted by the Commission’s Head of Legal (Compliance), who gave those who had commented on the draft Scheme the opportunity to clarify their representations by telephone.
Following careful consideration of the representations made to us, the reviewer made various modifications to the draft Scheme which we published.
A secular element has been added to the trustee body to reflect the fact that that the purposes of the charity are not exclusively ecclesiastical. The Parish Council has agreed to nominate two of the five trustees. The other trustees will be the vicar and churchwardens, as provided in the draft Scheme.
The Scheme will continue to include a power to sell the charity’s property. There is plainly a serious problem about the charity’s long term financial viability and no realistic alternative to sale has been put forward. However, the Scheme contains only a power of sale. It is for the trustees to decide whether and when to exercise that power.
Pending sale, the charity’s property is to continue to be used as best it can in accordance with the deed of 1904.
The Scheme will enable the charity’s income to be used to assist in providing facilities of the kind currently provided by the Church School Rooms.