Agenda, decisions and minutes

Cabinet Member for Governance - Monday, 16th June, 2014 10.00 am

Venue: Committee Suite 1 & 2, Westfields, Middlewich Road, Sandbach CW11 1HZ. View directions

Contact: Cherry Foreman Democratic Services Officer

Items
No.	Item
1.	Apologies for Absence Minutes: There were no apologies for absence.
2.	Declarations of Interest View the declarations of interest for item 2. To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary interests in any item on the agenda. Minutes: Councillor C Andrew declared a non-pecuniary interest by virtue of being a Macclesfield Charter Trustee and also Deputy Mayor of Macclesfield. Councillor D Neilson declared a non-pecuniary interest by virtue of being a Macclesfield Charter Trustee.
3.	Public Speaking Time/Open Session In accordance with Procedure Rules Nos.11 and 35 a period of 10 minutes is allocated for members of the public to address the meeting on any matter relevant to the work of the meeting. Individual members of the public may speak for up to 5 minutes but the Chairman or person presiding will decide how the period of time allocated for public speaking will be apportioned where there are a number of speakers. Members of the public are not required to give notice to use this facility. However, as a matter of courtesy, a period of 24 hours’ notice is encouraged. Members of the public wishing to ask a question at the meeting should provide at least three clear working days’ notice in writing and should include the question with that notice. This will enable an informed answer to be given. Minutes: No members of the public attended the meeting.
4.	Transfer of Property to Macclesfield Charter Trustees PDF 35 KB View the declarations of interest for item 4. View the background to item 4. View the decision for item 4. To approve the entering into an agreement with the Macclesfield Charter Trustee to the transfer of historic and ceremonial regalia and property of the former Macclesfield Borough Council in accordance with the Charter Trustee Regulations 2009 Additional documents: Appendix I , item 4. PDF 426 KB Decision: That the historic and ceremonial regalia and property of the former Macclesfield Borough Council, as set out in Appendix I of the report, be transferred to the Macclesfield Charter Trustees. That the Head of Legal Services and Monitoring Officer be authorised to enter an agreement with the Charter Trustees to confirm the transfer of historic and ceremonial property as set out in Appendix I of the report. That the Head of Legal Services and Monitoring Officer be authorised to enter an agreement with the Charter Trustees to enable transferred historic and ceremonial property to be stored / displayed at Macclesfield Town Hall. Minutes: Consideration was given to the transfer of historic and ceremonial regalia and property of the former Macclesfield Borough Council in accordance with the Charter Trustee Regulations 2009. It was reported that Charter Trustees were originally created by the 1974 Local Government Act with the aim of maintaining and preserving the historic rights and privileges, the ceremonial rights and privileges, and traditions associated with Local Authority Districts which become part of a larger Local Government area as a result of Local Government reorganisation, and where a Parish does not exist to preserve those rights. The creation of Charter Trustee status preserves the historic status of the area until such time as a Parish is created. Charters, Insignia Plate and Property, which are both historic and ceremonial in nature, and which relate to the Charter Trustee area, can be transferred subject to there being no disagreement on the part of the new council; this excludes land and buildings and any property held for the purposes of any statutory function of the successor Local Authority. At its meeting on 15 April 2014 the Charter Trustees passed a resolution identifying the property they wished to claim having taken reference from the Regulations and Guidance. In general principle this is from pre 1974 and relates wholly to their area; the proposed legal agreement will allow for historic artefacts to continue to be stores/displayed at the Town Hall. At the meeting Councillor Andrew reported her concern regarding the whereabouts of one of the two Macclesfield Borough Council Chains of Office which did not appear on the current inventory of items to be transferred. In addition a discussion ensued on the curation, display and security of the regalia and Councillor D Neilson reported that although this had not been discussed as part of the transfer negotiations the appropriate arrangements were in place; the Manager of the Executive Office agreed to investigate these matters further. RESOLVED 1. That the historic and ceremonial regalia and property of the former Macclesfield Borough Council, as set out in Appendix I of the report, be transferred to the Macclesfield Charter Trustees. 2. That the Head of Legal Services and Monitoring Officer be authorised to enter an agreement with the Charter Trustees to confirm the transfer of historic and ceremonial property as set out in Appendix I of the report. 3. That the Head of Legal Services and Monitoring Officer be authorised to enter an agreement with the Charter Trustees to enable transferred historic and ceremonial property to be stored/displayed at Macclesfield Town Hall.