Councillor Philip Davies to move the following recommendations:
"That Full Council acting as Trustee:
1. Approves that the administration, management and governance of the three funds based charities, namely the Birmingham Municipal Charity, Charity of Harriet Louisa Loxton and Centre for the Child Trust Fund, transfers to a suitable Community Foundation including the investment management, in accordance with the Charities Act 2011 and each charity’s governing documents.
2. Approves the proposal of transferring the day to day management, administration and governance to the Community Foundation (option 2 in the report), with the Council retaining overall strategic oversight and responsibility as Sole Trustee.
3. Authorises officers to negotiate, finalise and enter into a formal agreement for the provision of the day to day management of the charities and associated investments with a suitable Community Foundation.
4. Authorises officers to make and submit all necessary applications to the Charity Commission for statutory consents, schemes or approvals required to give effect to the proposed transfers and execute transfer deeds and grant making agreements to the Community Foundation ensuring compliance with legal obligations and preservation of charitable purposes.
5. Requires the Community Foundation to provide quarterly report (covering awards, geography, beneficiary groups, and outcomes) and an annual impact report to the Trust and Charity Committee (TCC) to ensure ongoing accountability.
6. Delegates authority to the City Solicitor (or their delegate) to take all necessary steps to implement the decision of Full Council, including entering into any agreements or arrangements and to ensure compliance with all relevant legal and governance requirements.
7. Agrees that the proposals in the report involves a material delegation of trustee functions to an external organisation concerning the transference of administration, management and governance of charities, and therefore under Part B15 of the Constitution, a final decision must be made by Full Council sitting as Trustee as these powers cannot be sub-delegated by the TCC."