d. Appointment of Trustee

In certain instances, a charity's governing document may grant a council the authority to appoint some or all the charity's trustees. 

S.300 of the Charities Act 2011 provides councils with the power to appoint trustees for specific types of charities, such as those established for public recreation or allotments.

Trustees appointed by a council under s.300 of the 2011 Act carry the same duties and responsibilities as any other trustees. They are required to act independently of the council that appointed them and must always prioritise the best interests of the charity.

If the charity fails to appoint enough management trustees to meet quorum requirements, the Council, acting as custodian trustee, would contact the Charity Commission for guidance and advice, supplying all relevant background information.