The Gilstrap Charity: Charity Commission decision
Published 13 March 2013
Applies to England and Wales
© Crown copyright 2013
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This publication is available at https://www.gov.uk/government/publications/the-gilstrap-charity/the-gilstrap-charity-charity-commission-decision
The Commission received representations about a proposed scheme that would amend the objects of the Gilstrap Charity, as declared in an earlier Scheme dated 28 August 1990, to allow the trustees to either sell or lease the Gilstrap building and to provide for how the proceeds of sale would be used. The building was originally gifted as a public library to the people of Newark by William Gilstrap in 1883.
The trustee had set out proposals to lease the property because the investment income was insufficient to pay for the maintenance and repair of the building and funding, which had previously been available, was not to remain available. The trustee made a case that monies arising from a lease could be better used for the charity’s purposes, without being tied to a specific building.
Any future disposal of the property (by lease or sale) may only proceed if the trustee decides that the land is no longer required for use in furtherance of the objects of the charity and the decision to dispose is confirmed following a period of consultation with the inhabitants of the area of benefit.
The review was conducted by a senior manager who gave those who had commented on the draft scheme the opportunity to clarify their representations by telephone.
The Commission may only make a scheme to change the purposes of a charity in certain circumstances (known as the ‘cy-pres principles’). The reviewer concluded that a cy-pres occasion had arisen which fell within the scope of the cy-pres principles and that the proposed scheme was the appropriate cy pres application in the circumstances of this case. The reviewer decided that the scheme should be made, without modification.
The scheme was made on 5 March 2013.