The Corporate Director Communities sought the approval of Members in their capacity as Trustees of the Charity, the Nantymoel Workmen's Institute, to close and wind up the existing charity and to exercise their statutory powers under sections 267-274 of the Charities Act 2011 to transfer all of the charity’s assets to a charitable incorporated organisation established with substantially similar charitable objectives, the Nantymoel Boys and Girls Club and Community Centre.

He reported that following the closure of the Berwyn Centre in 2012, the consent of the Charity Commission had been sought for the proposed demolition of the building, who had advised that its demolition would cause other long term issues which would need to be addressed in due course.  He stated that the Berwyn Centre was held in trust by the Council, with each of its elected membersacting as a trustee of the charity responsible for it, namely the Nantymoel Workmen’s Institute.  Following the demolition of the Centre, the Council would no longer be able to fulfil the charitable purpose of the Institute and the Charity Commission set out a range of options for consideration.  He stated that the preferred option which emerged   was the land on which the Berwyn Centre was sited (not the wider piece of land that surrounded the centre) and the funds held by the existing charity be transferred to another local charity with substantially similar charitable objectives.  To that end the Council supported the establishment of a new Charitable Incorporated Organisation, the Nantymoel Boys and Girls Club and Community Centre, which was established with charitable purposes substantially similar to all of the purposes of the Nantymoel Workmen’s Institute. 

The Corporate Director Communities reported that work had gone on locally for a number of years to develop a business plan and proposal to spend the capital sum of £200,000 that was allocated in the Capital Programme when the Berwyn Centre closed, towards the development of alternative or enhanced community facilities in Nantymoel.  He stated that Cabinet approval was given in November 2017 to the release of the capital allocation to Nantymoel Boys and Girls Club based on a plan to extend and improve the existing facilities to accommodate additional community use.  It was highlighted to Cabinet at that time that the community group had requested that the Council follow the necessary process to release the sum of money held in trust, in order to supplement the £200,000 of allocated capital funding.  Cabinet was informed at that time that the sum of money held was approximately £46,000 and the current value of the fund is £49,274.69.

He reported that further advice was sought from the Charity Commission on the process of transferring the assets of the existing charity based on this preferred option.  A public meeting for the purpose of seeking local public opinion on the dissolution of the existing charity, Nantymoel Workmen’s Institute, and the transfer of all of the charity’s assets to a charitable incorporated organisation established with substantially similar objectives, the Nantymoel Boys and Girls and Club and Community Centre was held on 28 March 2018.  The meeting was chaired by the Deputy Leader which set out what was proposed in full and allowed local residents the opportunity to pose any questions or concerns that they had.  The resulting ballot resulted in unanimous support for the proposal.

The Corporate Director Communities reported that the proposal to dissolve the existing charity and transfer its assets will result in a sum of £49,274.69 being transferred to Nantymoel Boys and Girls Club and Community Centre, subject to formal Charity Commission approval.  In addition the area of land that the Berwyn Centre previously occupied before its demolition will be transferred to the above charitable incorporated organisation.  The objectives of the charity will prevent it from being sold for commercial gain.

The Deputy Leader in commending the proposal hoped that all Members would be similarly supportive.

RESOLVED:             (1) That Council approved the proposal to dissolve the existing charity, the Nantymoel Workmen’s Institute, and pass a transfer power resolution in exercise of their statutory powers under sections 267-274 of the Charities Act 2011 to transfer all of the charity’s assets to a local Charitable Incorporated Organisation established with charitable purposes substantially similar to all of its charitable purposes, the Nantymoel Boys and Girls Club and Community Centre.

(2) That Council approved that the Charity Commission are formally approached to complete the process of dissolving the existing charity and transferring all of its assets as set out above.