PLEASE READ AND ENGAGE IN THIS CONSULTATION with the OXSHOTT VILLAGE TRUST
The purpose of this note is to alert residents to important changes planned for the Oxshott Village Trust (OVT) including the Medical Centre. You are encouraged to comment on these changes as part of a consultation and to participate in a meeting of OVT on 18 March 2024.
OVT is a charity set up after the war for the benefit of all Oxshott residents. OVT occupies land under a long lease at the Village Centre and owns the Village Hall and the Medical Centre both of which are key community assets. Together with the Doctors, OVT has a project to build a new and much larger medical centre to serve the needs of residents.
OVT is currently run by a management committee appointed under the terms of a Trust Deed. As part of the process for redevelopment, OVT is converting to an incorporated body known as a CIO (Charitable Incorporated Organisation). This will require a new constitution to replace the old Trust Deed. Under the proposed constitution, all adult residents of Oxshott will become members of the CIO and, through the ability to elect Trustees to manage the CIO, will therefore have an important voice in its management. OVT has published a draft constitution and an explanatory note. These are on its website and can be accessed here. OVT is seeking comments on the draft constitution and has started a consultation which ends on 28 February 2024.
FEDORA fully supports the objectives of having a new medical centre and the move to a CIO. FEDORA also strongly encourages engagement by residents in this process. FEDORA is not offering specific guidance or views on the draft constitution. However, when reviewing it you may wish to consider the following clauses, bearing in mind the complexity of the proposed development and the need for this constitution to govern the management of these important assets for future generations:
- Trustees (Clause 12.3)
The proposed constitution permits up to five out of a total of twelve Trustees not to be Members. This means that such Trustees need not live within the immediate vicinity of Oxshott. The consequence could be a potential weakening of the ability of the local community to exercise control of an asset that is fundamental to the local community.
Do you think that all Trustees should live in Oxshott? If the Trustees need access to expertise from outside Oxshott, would it be better for the Trustees to be able to co-opt people on a non-voting basis?
- Election of trustees (Clauses 11.1 & 13.1)
It is proposed that the first Trustees will be the ten members of the existing management committee of OVT. Only two of these members have been elected with the others either co-opted or appointed as representatives of various organisations within Oxshott. The proposed constitution makes no commitment to holding elections for Trustees before a date 18 months after the registration of the CIO.
Do you think that an explicit commitment should be given to hold a general meeting within three months after registration so that elections can be held for the appointment of all trustees?
- Board meetings (Clause 19.1)
The proposed constitution provides that a Board meeting can only be called with the approval of a majority of Trustees. This is at variance with the Charity Commission’s recommended practice (and with Company Law) where an individual Trustee (or Director) has a right to call a Board meeting. Recommended practice (and Company Law) has evolved in this way to enhance the accountability of Trustees (and Directors).
Do you think that Board meetings should only be called with the approval of a majority of Trustees? Would it be better to allow a single Trustee (or perhaps two Trustees) to have that right?
FEDORA is very supportive of the ambitions of OVT and residents are strongly encouraged to read the draft constitution and make their views known on what they consider to be the important issues. You can submit your comments to info@theoxshottvillagetrust.org.uk but before the deadline of 28 February 2024.
Anthony Wolfe
Chair of FEDORA – the Voice for Oxshott CIC on behalf of the Directors