Establishing a charitable Trust
The Implementation section suggests things to consider when establishing a new charitable Parks Trust, recruiting a Board, and going live.
If you’re exploring options for transforming parks in your area and are interested in establishing a charitable Parks Trust to care for your parks, there are a number of factors to consider when planning for implementation.
- Decision making - how to make decisions relating to the creation of a Parks Trust and when to formally establish the Parks Trust legal structures. It might be helpful to consider establishing a 'Shadow Board'. This will all need resources and staffing.
- Asset transfer - likely to be a long and complex process requiring legal support on behalf of the local authority as well as legal support representing the Parks Trust
- HR requirements - for example, scoping out TUPE, negotiating with trade unions
- Business planning - refinement and due diligence of the Target Operating Model linked to the asset transfer
- Stakeholder consultation and communications - in some cases it will be a legal requirement to consult particular stakeholders, for example, relating to asset transfer or TUPE of staff. In other cases it will be good practice to consult, for example, with residents and user groups.
Data that you have gathered as part of Understanding your assets will underpin this process. For example, it will have identified the legal status of assets and any restrictive covenants or liabilities that need to be taken into account.