FOI Request Grant Park Financial Follow Up (3)

Request 101001676795

Original FOI and Response at http://www.moray.gov.uk/moray_standard/page_116286.html


Thank you for your answer I am now even more confused.  East lodge was sold in 1999 under the right to buy legislation and the money was paid into the common good.  This supports my supposition that East Lodge and Grant Park are common good. The words public trust are used on page one of the referred document with no definition.  I totally understand the Declaration of Trust and can find a definition on the internet for this but nowhere can I find a definition of  PUBLIC TRUST.  If there is one could you also tell me who the Trustees of Grant Park are.
In my opinion the Declaration of Trust is exactly that a declaration of how property already owned by the Council should be used, it did not change the ownership of that property, so in 1975 the Town Council owned the property and it became Common Good in Scottish Law when the Town Council was dissolved.
I originally asked for a definition of a Public Trust, who it is registered with and what the terms of reference are.  My questions has not been answered.

FOI Request:

1) Do you hold a definition of a public trust?

2) If you do hold a definition of a public trust, what is that definition?

3) Who are the Trustees of Grant Park Public Trust?

Response 11-12-2017

1) Not strictly a definition but certainly an explanation.

2) See attached Power Point HERE

3) Policy and Resources Committee

PUBLIC TRUSTS – DELEGATION, POWERS AND DUTIES "the Moray Council is a corporate body and all of its decisions are taken by or on behalf of Full Council.

Where the Moray Council (or any of its predecessors) is named as trustee in a particular trust deed, it is the corporate body, acting in accordance with its usual procedures, which is “the trustee”.

In practice the ‘usual procedure’ is Section (III) (A) (20) of the Administrative Scheme which means that the Policy and Resources Committee is the trustee of most public trusts, with exceptions including some Educational and Social Work Trusts (managed by their respective committees) or trusts which nominate specific members (rather than the Council) as trustees e.g. Lawtie Mortification."

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