This document discusses establishing the Tamar Community Trust to take over assets from the Heritage Lottery Fund and manage them long-term. It outlines the trust structure and process, opportunities for learning, and future opportunities. Key points covered include different legal structures like companies, cooperatives, and community interest companies; considerations around ownership, management, and objectives; and gaining charitable status. The focus is on setting up a robust community-owned organization to steward local heritage assets into the future.

1. Tamar Community
Trust

2. Scope
I Background - why ???
I Trust - process/ structure
I Learning
I Future opportunities

3. Project Legacy -
HLF Exit Strategy

4. Project Legacy - Private
and Public Sites

5. Asset holding -
buildings, land and
genetic banks

6. Management mechanism

7. Asset management

8. Filling holes and niches

9. Long term support
networks

10. AONB trading and marketing
body

11. Trading skills

12. Big Society - Direct community
engagement and management

13. Community Rooted -
Friends of the Tamar Valley

14. Funding - Access to
/transfer to AONB Core
Costs / removal overheads

15. Mechanics

16. To incorporate or not…
I Latin root – ‘corpus’ = body – “artificial legal people”
I Unincorporated = no separate body or identity, so
individuals are jointly and severally (individually) liable for
activities – subject to Common Law
I Incorporated = separate body to hold assets, employ people,
enter into contracts and sue or be sued! Subject to
Company Law.

17. Types of incorporated
bodies..
I Companies: several types – governing document is Memorandum and Articles of
Association
I Three main types in this sector
I Limited by Shares or by Guarantee
I Industrial & Provident Societies (IPS)
I Society for the Benefit of the Community
I Bona-Fide Co-operative
I Community Interest Company (CIC)

18. Key considerations…
I Ownership - Private / Common – (not-for-private-profit)
I Management - Community / Collective – everyone /Democratic
– a few
I Principles / Objectives - Social Enterprise / Co-operative
/Development Trusts

19. Charitable Status
I Companies > Charity Commission
I IPS (SBC) > Inland Revenue
I Heads of Charity dictate whether organisation is eligible to
receive status
I Tax advantages – Business Rates and Corporation Tax
I Trustees govern organisation – workers not currently
allowed on management
I Also governed by Charity Law if company

20. Community Interest Company
(CIC)
I Introduced in July 2005 as new type of social enterprise
I Statutory “asset lock” to prevent asset and profit distribution except
for community purpose
I Must operate for the benefit of the community and pass a Community
Interest Test
I Has limited liability, with shares or guarantee
I Must be able to demonstrate community benefit to new CICs
regulator (through eg. social accounting)

21. What to Go For
I Co-operatives - organisations which are owned and controlled by their
members OR worker co-operative the employees own and control the
business
I Community Businesses - businesses which are owned and controlled by a
community could be a geographical community or ‘a community of
interest’
I Development Trusts -asset based organisations owned and controlled by
the community, often have a range of projects under one umbrella
I Trading subsidiaries - the trading arm of a Charity or Trust

22. Tamar Community Trust

23. Learning

24. Learning
I Mem and Arts - Getting foundations right
I Governance - Another complete organisation to run
and administer
I Political - Influenced and controlled
I Trustees board - access / skills/ balance/ recruitment

25. I am an AONB Manager
........ I would want you to think about

26. Future
I Consider benefits that a Trust status can bring
I Look at how to access these benefits directly or indirectly -
i.e. perhaps no point in us all doing it independently, can we
collaborate
I Try to look at less local authority reliance, more direct
community engagement - could some AONBs become
independent area based organisations. more representative
of place rather than designation boundary.