Llanfair Waterdine Charities: Charity Commission decision
Published 23 April 2012
Applies to England and Wales
© Crown copyright 2012
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This publication is available at https://www.gov.uk/government/publications/llanfair-waterdine-charities/llanfair-waterdine-charities-charity-commission-decision
The Commission had received complaints about the management of the charities and in particular that trustees were renting land in contravention of the Scheme which governed the charities (the governing Scheme). After considering submissions from the trustees, the Commission offered to make a Scheme to amend the governing Scheme that would allow the trustees to rent land belonging to the charities. The Commission received two representations about the proposed Scheme.
A review of the representations was conducted by a senior manager, who gave those who had commented on the draft Scheme the opportunity to clarify their representations by telephone.
After receiving further information from the trustees, and after speaking to the people who had made representations, the reviewer concluded that it is appropriate to make the proposed Scheme, with amendments. The new Scheme provides a power which allows trustees to be granted a grazing licence for up to 12 months. It also provides that the Commission’s consent is required for a trustee to take or hold an interest in land other than a grazing licence.
This decision was overturned by the First Tier Tribunal (Charity). For more details please see the Judgment on the FTT website