f. Taking over responsibility

The general principle is that charity property being transferred must continue to be charity property and continue to be used for similar purposes to those for which it was originally used.

A charity cannot generally transfer its property to a non-charitable body or for a non-charitable purpose - e.g. charity land could not be transferred to a council to form part of its statutory property, even if it were to be used for purposes like those formerly undertaken by the charity.

It is not the Council’s responsibility as custodian trustee to secure new management trustees. It is the responsibility of the organisations named in the governing document to appoint new members.  Four members would be sufficient for a quorate committee, and it would be in the best interests of the charity that this is done as soon as possible, subject to any notice requirements. Noting that the annual general meeting is the only time that there can be members elected to a management committee.

If the Council no longer wishes to be trustee, they can appoint a new trustee. The new trustee can be, another charity, another local council, a company or individuals.    

A review of the charity's governing document should be conducted to verify the process for appointing new trustees. If the governing document does not have suitable appointment provisions, or it names the Council as the trustee, you can change the governing document to remove the Council as the trustee and/or introduce a power to appoint trustees. Alternatively, you may be able to use the statutory power to appoint trustees in s.36 of the Trustee Act 1925.

·       Guidance - finding new trustees 

·       Guidance - Trusts and unincorporated associations: changing your governing document