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Custodian Trustee Declaration
This page brings together key correspondence with the Charity Commission from 1987–1989, which sets out the requirements for the sale of the Old School and the construction of a new village hall.
The Charity Commission made clear that:
- the Parish Council, as custodian trustee, held the legal title to the property but had no role in the administration of the charity
- decisions about the sale of charity property were matters for the Committee of Management (the managing trustees)
- the proposed sale required both:
- approval by a meeting of inhabitants (as required by the 1976 governing document)
- a formal Order of the Charity Commission
- before granting such an Order, the Commission would require a report from a surveyor acting exclusively in the interests of the charity
The Commission also requested confirmation that:
“the new hall will be held on the trusts contained in the conveyance of 20 October 1976”
Declaration of Trust (1988–1989)
In response to these requirements, correspondence from 1988 confirms that:
- the inhabitants of Mulbarton had approved the proposed sale
- the managing trustees were in agreement
- a loan was being arranged to fund construction
- and that the new hall:
“will be held on the trusts contained in the conveyance”
A further statement to the same effect appears in subsequent correspondence, confirming that:
“the new Village Hall… will be administered by the management committee and held on the trusts as before”
These written confirmations formed part of the material relied upon by the Charity Commission in issuing the court orders required to:
- authorise the sale of the existing hall
- enable borrowing for construction of the new hall
Status of the Declaration
The 1988–1989 correspondence demonstrates that:
- the intention was clearly recorded that the new hall would be held on the same trusts as the 1976 conveyance
- this intention was communicated to, and accepted by, the Charity Commission as part of the approval process
However, the documents do not define the precise physical extent of the land to which those trusts applied. The correspondence refers to the “new hall” or “new community centre”, without setting out detailed boundaries.
In Summary
The documentary record shows that:
- the Charity Commission required clear confirmation that the new hall would be held on existing charitable trusts
- that confirmation was given in writing by those involved at the time
- and the necessary court orders were issued on that basis
At the same time, the surviving documents do not specify the exact boundaries of the land held on trust, which has contributed to later uncertainty.
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