- Parish councils must appoint trustees for allotment charities every four years (Rettendon Parish Council v Hart and Others)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Private Client analysis: The court in this case decided that the trusteeship of allotment charities that had been held by rural parish councils since the Local Government Act 1894 (LGA 1894) came into effect was governed by sections 300(3)–(4) and 302 of the Charities Act 2011 (CA 2011), and that section 36 of the Trustee Act 1925 (TA 1925) does not apply. The effect is that all parish councils must appoint trustees of such allotment charities (up to a maximum referable to the number of churchwardens and/or overseers of the parish acting before LGA 1894 took effect) every four years. The wider effect of the decision is that parish councils must ensure they make such appointments every four years in respect of every charity to which these provisions of the 2011 Act apply, and not allow trustees to continue beyond their term or appoint successors under TA 1925, s 36. Written by Joshua Winfield, barrister, at Radcliffe Chambers.
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