Berkswich Parish Hall

On 4th October 1958 a Conveyance and Trust Deed established charitable trusts in relation
to a piece of land on which the Parish Hall was, or was to be, built.

Under the terms of those trusts, Lichfield Diocesan Trust was effectively appointed custodian
trustee of this charity and had the freehold property vested in it, with the day to day management                                   
placed in the hands of a body of nine administrative trustees.

Some decades ago, for reasons which are not now clear, but probably seemed reasonable at the
time, the function of the administrative trustees appears to have been taken over by the
Parochial Church Council for Berkswich Parish and ultimately this seems to have resulted
in the Parish Hall being run as if it belonged to the PCC. In fact, the real position was
that the Parish Hall charity was entirely independent and separate charity accounts should
have been kept (although arrangements have been put in hand since January 2005 to
ensure that separate records are available). Although it is understood that the PCC paid
some £24,000 towards a previous refurbishment of the Hall, the Hall makes a small profit
each year (currently in the region of £5-6,000) and since the PCC has, apparently, run the Hall
directly since about 1986, there has probably been a net benefit to the PCC.
Whilst to a large extent this is "water under the bridge", and the money has probably been spent
on matters consistent with the charity’s objects anyway (see below), what is indisputable is that
the Hall is in need of urgent maintenance and repair and that external funders are
less likely to support a strictly Church based building.

The position came to light because it was hoped to apply for grant funding to help with
the proposed refurbishment of the Hall. The intention was (because funding sources for
church halls are limited) that a new, wider based "community" charity would be set up
and a lease of the Hall granted to that "new" charity, which would then apply for funding.
It was in the course of work carried out in preparation for this, that doubts were raised as to
whether there were validly appointed administrative trustees and that in any
event they would require the consent of the Diocesan Trust to grant any lease for a
period longer than 3 years (when 25 to 35 years is anticipated).

Following correspondence with the Charity Commission, we were advised that the
charity should have been registered following the coming into force of the Charities
Act 1960, but never had been. There were also other difficulties with the original Trust
Instrument, such as a reference to "The Parish of Berkswich with Walton", which it was
at first thought had never existed as such (later found to have been a name used at
least by 1906). Had that been the case, then that might have cast doubt on the ability
of any new administrative trustees to have been appointed. As it was, of the original
administrative body of nine trustees, the 1958 document only provided for the Vicar and
churchwardens to replace them – i.e three instead of nine ! The present incumbents have,
up to now, been advised not to activate their trusteeships by not completing a
form of Declaration of Acceptance and Willingness to Act in the trusts of the charity.
However, they are now prepared to do so (as they would be required to make the
application for the Albermarle Scheme mentioned below) if the way forward can be agreed.

The current position of the Parish Hall is that use by the Church is now relatively rare.
However, the existing trusts require that the premises are used for the benefit of members
of the Church of England in the Parish. Therefore, the situation needs to be regularised.

The solicitors acting for the Lichfield Diocesan Trust have been involved throughout and
have also been in contact with the Charity Commission. Although we have not seen any
relevant correspondence, we are told that the solicitors have persuaded the Commission
that registration of the charity is not necessary (strictly true but still a moot point – although
it need not detain us for the purposes of this note). The Commission is prepared to make
what is known as an "Albermarle Scheme", which will appoint new administrative trustees
of the charity and authorise the lease of the Hall to a new "community" charity, as yet to be
established, on terms to be agreed. It is anticipated that any lease would reserve
rights to allow Church use of the Hall on a specified number of occasions each year,
free of charge (except perhaps for heating and lighting costs). The Diocesan Trust’s solicitors
have proposed that the PCC becomes the new Administrative Trustee of the existing charity,
replacing the Vicar and Churchwardens. It is also suggested that the PCC would be able
to appoint at least one trustee to the new community charity.

The end result would therefore be the regularisation of the current position, in that the PCC
would formally be appointed as the Administrative Trustee of the current charity. In the
meantime, steps would be taken to set up a new community based charity (i.e not restricted
to Church of England benefit), which would then take a lease of the Hall from the existing
charity. The PCC would therefore be left in the relatively simple position of collecting the
rent under the lease, whilst the new charity would actually run the Hall, be responsible for
its maintenance and apply for any grant funding that was available to refurbish or upgrade
the Hall. The rent received by the PCC (which would probably be relatively modest – something
up to £200 p.a has been suggested by the solicitors acting for the Diocesan Trust, although it
might be necessary to take advice on that and the other terms of any lease) could (under the
terms of the existing trusts – which would probably not be affected by the Albermarle Scheme)
be applied towards Church expenses in the parish; the upkeep and maintenance of the Church,
its furnishings or the Churchyard; or any other charitable purpose having in view the needs of
the members of the C of E in the parish.

If the PCC is content with these arrangements, the procedure would be for it to resolve to
accept the administrative trusteeship of the existing charity under the proposed Albermarle
Scheme and to ask the Vicar and Churchwardens to confirm their existing trusteeships for
the sole or principal purpose of applying to the Charity Commission for that Scheme. In the
meantime, steps will be taken to set up a new community charity. Part of that involves
undertaking a "community consultation", asking local residents what they would want to
see happen at the Hall, what facilities it should have and what they would be prepared to
use it for etc. The hope is that a consultation questionnaire (a draft of which has been prepared)
could be sent out with the Parish’s Christmas Newsletter, if the PCC is agreeable.

I am more than happy to deal with any questions or clarifications arising from the
above or, indeed, any other questions which any member might have. KCK 3/12/05