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The Council as Trustee

The Kirby Muxloe Recreation Ground Charity No 521441

Kirby Muxloe Recreation Ground is an area of land off Station Road, Kirby Muxloe which was conveyed to the Recreation Ground Charity No 521441.

The Trust Deed specifies that the land should be used “to support maintain and improve the said hereditaments as public pleasure grounds”.

The Trust Deed had the effect of making the Parish Council the sole managing trustee of the Charity responsible for the day-to-day management of the Recreation Ground.Thus there being one single corporate trustee (the Parish Council) and as such individual Parish Councillors are not Trustees of the Charity; instead the Council as a corporate body act properly as a charity trustee.

Whilst individual councillors are not Trustees, they must however act in in a responsible way so as to ensure that the council acts properly as a charity trustee. The Council must continue holding and using the Recreation Ground land in accordance with the charitable trusts declared in the original Trust Deed, i.e. as a recreation ground for the benefit of the inhabitants of the village of Kirby Muxloe and surrounding district.

Click here for the Charity's Administrative Policy

The Kirby Muxloe Community Centre Charity No 218871

This is an area of land which includes Kirby Muxloe Village Hall (Community Centre). The Parish Council acts as the custodian trustee of the charity. This role is very limited. The title to the charity's property and land is vested in the Parish Council. Responsibility of the insurance of the charity falls on the management trustees. The custodian trustee, the Parish Council, has no power to manage the property and no role in the administration of the charity. The Parish Council can only assist the managing trustees - it cannot have any management responsiblities itself. The income derived from the trust property should be paid to the managing trustees and the responsibilty for ensuring the proper application of these funds falls to the managing trustees, and the custodian trustee is not answerable for any loss or misapplication of them.

Click here for A Guide to an Effective Trustee