Agenda Document Pack - Asset Transfer Appeals Panel - 04/09/2025
South Lanarkshire Council · 4 September 2025
Back to Asset Transfer Appeals Panel — 4 September 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Council Offices, Almada Street Hamilton, ML3 0AA Wednesday, 27 August 2025 Dear Councillor Asset Transfer Appeals Panel The Members listed below are requested to attend a meeting of the above Panel to be held as follows:- Date: Thursday, 04 September 2025 Time: 14:00 Venue: By Microsoft Teams and Committee Room 5, The business to be considered at the meeting is listed overleaf. Yours sincerely Paul Manning Chief Executive Members Davie McLachlan (Chair), Margaret Cowie, Geri Gray 1
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BUSINESS 1 Declaration of Interests Item(s) for Decision 2 Review of Case – Application CAT/24/0014 for Community Asset Transfer of Murray Pitches and Pavilion, Liddell Grove, East Kilbride Report dated 8 August 2025 by the Interim Executive Director (Housing and Technical Resources). (Copy attached) 3 - 102 Urgent Business 3 Urgent Business Any other items of business which the Chair decides are urgent. For further information, please contact:- Clerk Name: Tracy Slater Clerk Telephone: 07385 370089 Clerk Email: tracy.slater@southlanarkshire.gov.uk 2
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Report Agenda Item Report to: Asset Transfer Appeals Panel Date of Meeting: 4 September 2025 Report by: Interim Executive Director (Housing and Technical Resources) Subject: Review of Case – Application CAT/24/0014 for Community Asset Transfer of Murray Pitches and Pavilion, Liddell Grove, East Kilbride 1. Purpose of Report 1.1. The purpose of the report is to present the information currently available to allow a review of the decision taken by officers on the following application:- 1.2. Summary Application Information Application Type: Community Asset Transfer (CAT) Applicant: East Kilbride Burgh United, Charity SC053333 Proposal: 25 Year lease at £1 per annum Location: Murray Pitches and Pavilion, Liddell Grove, East Kilbride Council Area/Ward: Ward 7, East Kilbride, Central South 1.3. Reason for Requesting Review Refusal of the Application by the Officers’ Community Asset Transfer Assessment Panel. 2. Recommendation(s) 2.1. The Panel is asked to:- (1) consider whether it has sufficient information to allow it to proceed to determine the review without further procedure and, if so,:- (a) confirm the decision; modify the decision; or substitute a different decision (b) in the event that the decision is modified or a different decision substituted, agree the reasons and the detailed conditions to be attached to the decision notice (2) in the event that further information is required to allow it to determine the review, decide:- (a) what further information is required, which parties are to be asked to provide the information and how this is to be provided (b) what procedure or combination of procedures are to be followed to obtain this information 2 3
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3. Background 3.1. In the terms of the Community Empowerment (Scotland) Act 2015 and The Asset Transfer Request (Procedure) (Scotland) Regulations 2016, eligible community organisations can make a request for transfer of Council assets via lease, sale or other rights. 3.2. Murray pitches and Pavilion is a site currently operated by South Lanarkshire Leisure and Culture (SLLC), consisting of two full sized grass pitches and two associated pavilions. 3.3. These pitches are currently let to a number of community football clubs to play and train on. This site is identified as a key operational facility for SLLC, and they are keen to retain it. (Appendix 1 – Aerial Photo, Appendix 2 – site plan) 3.4. East Kilbride Burgh United, an eligible community organisation, submitted a formal request for Community Asset Transfer of Murray pitches and Pavilions, the validation date for which was 11 October 2024. (Appendix 3, application form; Appendix 4, constitution; Appendix 5, business plan; Appendix 6, Pitch maintenance plan) 3.5. A public consultation took place between 11 October and 25 November 2024. No responses were received. 3.6. A community benefit scoring exercise was carried out by members of the Community Asset Transfer Working Group on East Kilbride Burgh United’s submission and the continued operation of the facility by SLLC. This exercise resulted in SLLC receiving a higher score. (Appendix 7 – Community Benefit Assessment EK Burgh; Appendix 8 – Community Benefit Assessment SLLC) 3.7. An internal report was completed which was then placed before the Community Asset Transfer Assessment Panel on 9 April 2025 for consideration. (Appendix 9 – CAT Scoring Panel Meeting note 9.4.25) 3.8. The Community Asset Transfer Assessment Panel reached the decision that they were unable to recommend to the Council the community asset transfer. A Decision Notice to this effect, explaining the reasons for the decision, was issued to East Kilbride Burgh United on 28 February 2025. (Appendix 10 – Decision Notice) 3.9. East Kilbride Burgh United have requested a review, by elected members, of this decision. It should be noted that the organisation also has the right to appeal to Scottish Ministers should the members’ Asset Transfer Appeals Panel uphold the decision to refuse. (Appendix 11 – Request for Review; Appendix 12 – Request for Review additional information) 4. Process to be Followed 4.1. If the Asset Transfer Appeals Panel decides there is sufficient information contained in this report and appendices to determine the review, the following statutory matters should be considered when making a decision: (i) the reasons for the request; (ii) any other information provided in support of the request (whether such other information is contained in the review or otherwise provided); 4
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(iii) whether agreeing to the request would be likely to promote or improve: economic development; regeneration; public health; social wellbeing; or environmental wellbeing; (iv) whether agreeing to the request would be likely to reduce inequalities of outcome which result from socio-economic disadvantage; (v) any other benefits that might arise if the request were agreed to; (vi) any benefits that might arise if the Council were to agree to or otherwise adopt an alternative proposal (in respect of the land to which the request relates); (vii) how such benefits would compare to any benefits such as are mentioned in (iii) and (v); (viii) how any benefits such as are mentioned in (vi) above relate to other matters the council considers relevant (including, in particular, the functions and purposes of the Council); (ix) any obligations imposed on the Council, by or under any enactment or otherwise, that may prevent, restrict or otherwise affect its ability to agree to the request; (x) such other matters (whether or not included in or arising out of the request) as the panel considers relevant. 4.2. If the Asset Transfer Appeals Panel decides it has insufficient information to determine the review it should decide what further procedure is required. If further information or representations are required the Panel should decide what information it needs, from whom this should be requested, and whether this should be obtained by means of written representations, a hearing session, or some other method (such as a site visit). 5. Notice of Review – Statement of Reasons for Requiring the Review 5.1. In submitting their Notice of Review, the applicant has stated their reasons for requiring a review of the determination in respect of their application. (Refer Appendix 11 and 12). 5.2. East Kilbride Burgh United have stated that the matter be dealt with as a hearing. 5.3. Members will, however, be aware that it is for the Panel to determine how a case is reviewed. 6. Information Available to Allow Review of the Application 6.1. The following information is appended to this report to assist the Asset Transfer Appeals Panel in its review of the decision taken by officers:- (i) Aerial Photograph Appendix 1 Page 7 (ii) Site Plan Appendix 2 Page 9 (iii) Asset Transfer Request Form Appendix 3 Pages 11 to 33 (iv) Constitution Appendix 4 Pages 35 to 59 (v) Business Plan Appendix 5 Pages 61 to 78 (vi) Pitch Maintenance Plans Appendix 6 Pages 79 (vii) Community benefit assessment (EK) Appendix 7 Pages 81 to 85 (viii) Community benefit assessment (SLLC) Appendix 8 Pages 87 to 91 (ix) CAT panel meeting note 9.4.25 Appendix 9 Page 93 (x) Decision Notice Appendix 10 Pages 95 to 96 (xi) Request for Review Appendix 11 Pages 97 to 99 (xii) Request for Review (additional info) Appendix 12 Page 101 5
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7. Notice of Review Consultation Process 7.1. Due to there being no comments received from interested parties during the initial CAT process, there are no parties entitled to comment as part of the review process. 7.2. The Asset Transfer Steering Group’s observations on the asset transfer request are attached as Appendix 7 – pages 81 to 85. Sharon Egan Interim Executive Director (Housing and Technical Resources) 8 August 2025 Link(s) to Council Values/Priorities/Outcomes ♦ Accountable, effective, efficient and transparent Previous References None List of Background Papers None Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tony Finn, Area Manager, Community and Enterprise Resources E-mail: tony.finn@southlanarkshire.gov.uk 6
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Extract from Street View Appendix 1 2 7
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Appendix 2 2 9
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COMMUNITY EMPOWERMENT (SCOTLAND) ACT 2015 ASSET TRANSFER REQUEST FORM IMPORTANT NOTES: This is the asset transfer request form for South Lanarkshire Council which can be used to make a Community Asset Transfer request to that authority. You are strongly advised to contact the relevant authority and discuss your proposals with them before making an asset transfer request, this can be done by sending an email to communityassets@southlanarkshire.gov.uk. You do not need to use this form to make an asset transfer request, but using a form will help you to make sure you include all the required information. You should read the asset transfer guidance provided by the Scottish Government and South Lanarkshire Council before making a request. When completed, this form must be sent to the relevant authority which owns or leases the land your request relates to. Please email to communityassets@southlanarkshire.gov.uk or post to Community Asset Transfer Officer, Almada House, Hamilton, ML3 0AA. Appendix 3 2 11
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This is an asset transfer request made under Part 5 of the Community Empowerment (Scotland) Act 2015. Section 1: Information about the community transfer body (CTB) making the request 1.1 Name of the CTB making the asset transfer request East Kilbride Burgh United 1.2 CTB address. This should be the registered address, if you have one. 1.3 Contact details. Please provide the name and contact address to which correspondence in relation to this asset transfer request should be sent. We agree that correspondence in relation to this asset transfer request may be sent by email to the email address given above. (Please tick to indicate agreement) You can ask the relevant authority to stop sending correspondence by email, or change the email address, by telling them at any time, as long as 5 working days’ notice is given. 1.4 Please mark an “X” in the relevant box to confirm the type of CTB and its official number, if it has one. 12
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Company, and its company number is ............. Scottish Charitable Incorporated Organisation SC053333 (SCIO) and its charitv number is .................... Community Benefit Society (BenCom), and its registered number is .................................... Unincorporated organisation (no number) Please attach a copy of the CTB's constitution, articles of association or registered rules. 1.5 Has the organisation been individually designated as a community transfer body by the Scottish Ministers? No X Yes D Please give the title and date of the designation order: 1.6 Does the organisation fall within a class of bodies which has been designated as community transfer bodies by the Scottish Ministers? No X Yes D If yes what class of bodies does it fall within? 13
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Organisation background 1.7 What are the aims, activities and objectives of your organisation? East Kilbride Burgh United are committed to making football accessible to everyone in the local community. We aim to promote the benefits that participation has on physical and mental wellbeing as well as developing life skills such as team work, communication skills, social interactions and healthy competitiveness. Our current footprint in the local community is substantial and we will continue to: • Provide opportunities for increased sports participation in the area for people of all ages, genders, ethnicity and backgrounds and use sports participation as a way of improving health and sociability by increasing participation. • Make specific efforts regarding the participation of young people in their mid to late teens, addressing the nationally recognised problem of youth drop-out in 16+ age groups. • Provide ways of engaging young people with developmental pathways so that they are not at risk of being involved in crime or anti-social behaviour. • Provide volunteering opportunities across the operation of the club from Coaching, first aid to Admin roles. • Protect vulnerable children and adults and give them somewhere to feel included and part of a safe environment. In addition to these, we intend to commit to the following if successful with our application for CAT of these facilities: • Provide opportunities for the two schools that neighbour the site to use the facilities during school hours. (pictured below) • Run workshops/classes with additional support needs (ASN) pupils who attend the two schools. • Provide opportunities for elderly people to be more active through sports such as walking football. • Work with council agencies to promote good health, healthy eating, non-smoking and well-being programmes. 14
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1.8 Does your organisation currently own or manage any other land or property? No X Yes ☐ If yes please provide brief details of location, purpose and management arrangements? 1.9 What community / communities does your CTB work with or support? We currently support 300+ players within the community from pre-school to adults from all demographics, backgrounds and genders, we have over 80 volunteers who fulfil roles from Coaches, first aiders, team secretaries and helpers. We are a charity partner of Kylbride Hospice where we raise funds and supply required items on an ad hoc basis. 15
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Section 2: Information about the land and rights requested 2.1 Please identify the land to which this asset transfer request relates. You should provide a street address or grid reference and any name by which the land or building is known. If you have identified the land on the relevant authority’s register of land, please enter the details listed there. It may be helpful to provide one or more maps or drawings to show the boundaries of the land requested. If you are requesting part of a piece of land, you must give a full description of the boundaries of the area to which your request relates. If you are requesting part of a building, please make clear what area you require. A drawing may be helpful. 45 Liddell Grove, East Kilbride, Glasgow G75 9AA Phase 1: Changing Buildings and Storage area: We are proposing to transfer both changing room buildings and the storage building beside the changing rooms highlighted below. 16
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We are proposing to take over both grass football pitches highlighted below. Phase 2: Tennis Courts – it is proposed as part of phase 2 we would take over the tennis courts to either refurbish to be useable or to repurpose for a similar use such as Paddle. 17
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The 3rd disused red ash football pitch would be transferred in phase 2 and refurbished to be a 9 A Side grass football pitch. 2.2 Please provide the UPRN (Unique Property Reference Number), if known. If the property has a UPRN you will find it in the relevant authority’s register of land. UPRN: 18
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Section 3: Type of request, payment and conditions 3.1 Please tick what type of request is being made: for ownership (under section 79(2)(a)) - go to section 3A for lease (under section 79(2)(b)(i)) – go to section 3B for other rights (section 79(2)(b)(ii)) - go to section 3C 3A – Request for ownership What price are you prepared to pay for the land requested? : Proposed price: £ N/A Please attach a note setting out any other terms and conditions you wish to apply to the request. 3B – request for lease What is the length of lease you are requesting? 25 Years How much rent are you prepared to pay? Please make clear whether this is per year or per month. Proposed rent: £ 1 per month Please attach a note setting out any other terms and conditions you wish to be included in the lease, or to apply to the request in any other way. X 19
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3C – request for other rights What are the rights you are requesting? Existing right of way for the footpath between the two pitches as well as the road access up to the changing and storage building and for South Lanarkshire Council to continue to maintain these. Do you propose to make any payment for these rights? Yes ☐ No X If yes, how much are you prepared to pay? Please make clear what period this would cover, for example per week, per month, per day? Proposed payment: £ N/A per Please attach a note setting out any other terms and conditions you wish to apply to the request. 20
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Section 4: Community Proposal 4.1 Please set out the reasons for making the request and how the land or building will be used. This should explain the objectives of your project, why there is a need for it, any development or changes you plan to make to the land or building, and any activities that will take place there. East Kilbride Burgh United A.F.C. “E.K. Burgh”, formed in 1968, is one of the longest-running youth football clubs in East Kilbride. With current teams ranging from pre-school children through to adult football. There are almost 300 children and adults signed with the club from all demographics and ethniticity. The club caters for all genders, backgrounds and heritage, and aims to make football accessible to all regardless of different abilities. We have around 80 volunteer coaches and helpers who contribute a significant amount of their own time, to ensure the development of each individual player and team to ensure that the training and playing environment is of the highest quality. The teams are members of various leagues across Lanarkshire, East Renfrewshire, and the Greater Glasgow area depending on which is best suited for the teams needs. As of this year we have also joined up with Dynamo East Kilbride A.F.C. who are also a long standing football club from East Kilbride, they were founded in 1969 and have been successfully competing in the adult amateur leagues since then. Both clubs have agreed to partner in order that we can extend the benefit to the community offering an adult amateur team to provide a pathway into amateur football for the players as they become too old for youth football mitigating the drop out of players aged 18+ from competitive sport. We will adopt a phased approach to the asset transfer in order to allow us to expand our commitment and impact to the community over time. This will allow us to focus on the core activity that allows us to develop and deliver services and activities that support the health and wellbeing of the local community. Phase 1 of the project: • To use the already existing 2 grass pitches to their full potential, enhancing the current condition of the playing surfaces and equipment such as goal 21
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posts, nets etc in order to be able to use the pitch for the various football formats such as 4, 5, 7, 9 and 11 a side whilst still maintaining the usage guideline. • To utilize the two changing room buildings in order to improve the current condition of these and to use the larger changing room for multi purpose such as Personal Training and small fitness classes. • Storage building/grass cutting equipment store – we would propose to take over this small building as part of the asset transfer. • To provide a ‘hub’ for all age groups within our club to use the facility and to welcome any visitors/opponents. • To help grow, retain and create a pathway for players, developing skills and encouraging new participation for all demographics of the local community. • To generate wider community benefit through football, sport and non-sporting activities, particularly in the areas of health and well-being, education skills, social inclusion and volunteering. • To create a sustainable community business model for ongoing delivery of these aims long term. The existing site not only includes the 2 grass football pitches and 2 changing room buildings but also has two tennis courts, one red ash football pitch which are in a state of disrepair, we do not intend to take over these areas as part of our initial transfer but these would potentially be considered as a phase 2 of the project. There is also 2 bowling greens and a bowling clubhouse building on site, the bowling club is still active and has members and we plan to engage with the members and committee as part of our community consultation to ensure they were aware of all plans and they were to mutual benefit and does not cause any disruption to them. South Lanarkshire Council currently provides the pitch maintenance, grass cutting and lining of the pitch along with all maintenance costs associated with the pavilion changing rooms. East Kilbride Burgh United proposes to take over the maintenance completely which in turn will save the council these costs year on year. The revenue to cover the costs of maintenance and improvement will come from the member teams via a set annual contribution which will more than cover running costs but also result in reduction in the outgoings for the member teams versus current hire costs. 22
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The main partner in the project will be South Lanarkshire Council and in addition the club will seek the support of grant funding agencies to raise additional funds for ongoing improvements and enhancements to the overall facilities. Alongside these partners will be local schools and other community groups, as the location of the facility is next to two schools the club will be looking to offer services to the schools such as use of the facilities access to qualified coaches for school activities or football team. This development will create a genuine community training facility that will enable community use of football and other sports while also supporting educational and community projects Benefits of the proposal 4.2 Please set out the benefits that you consider will arise if the request is agreed to. This section should explain how the project will benefit your community, and others. Please refer to the guidance on how the relevant authority will consider the benefits of a request. The benefits to the transfer are the increased participation and accessibility to football to the wider community. Improvement of the current facilities to not only enhance the current playing surface and changing facilities but also to bring the disused red ash pitch and tennis courts up to a standard that they can be used to increase the footballing capacity but also to reintroduce tennis to the area. This will increase participation in wider sport and not just football. This will allow us to focus on the core activity that allows us to develop and deliver services and activities that support the health and wellbeing of the local community. • To provide a ‘hub’ for all age groups within our club to use the facility and to welcome any visitors/opponents. • To help grow, retain and create a pathway for players, developing skills and encouraging new participation for all demographics of the local community. • To generate wider community benefit through football, sport and non-sporting activities, particularly in the areas of health and well-being, education skills, social inclusion and volunteering. • To create a sustainable community business model for ongoing delivery of these aims long term. 23
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Alongside this we will be looking to work with local schools and other community groups, as the location of the facility is next to two schools the club will be offering services to the schools such as use of the facilities, access to qualified coaches for school activities or football team. This development will create a genuine community training facility that will enable community use of football and other sports while also supporting educational and community projects. Restrictions on use of the land 4.3 If there are any restrictions on the use or development of the land, please explain how your project will comply with these. Restrictions might include, amongst others, environmental designations such as a Site of Special Scientific Interest (SSI), heritage designations such as listed building status, controls on contaminated land or planning restrictions. No restrictions that we have been made aware of. Negative consequences 4.4 What negative consequences (if any) may occur if your request is agreed to? How would you propose to minimise these? You should consider any potential negative consequences for the local economy, environment, or any group of people, and explain how you could reduce these. We do not foresee any negative impacts of this transfer as we are not planning to alter the current use of the facility or reducing or limiting the current access to the area/land to the general public and the proposal is to enhance the current facilities in use to improve the standard and useability to the club members and the wider public. The current areas that are not used and are in disrepair and are an eyesore to the current area and surrounding residents will be brought up to a much-enhanced standard and will become useable adding to there value to the club and wider community. As the type of use and the timings of use will be the same as present there will be no additional impact on traffic to the area, car park or to the levels of noise on site compared to now. 24
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Capacity to deliver 4.5 Please show how your organisation will be able to manage the project and achieve your objectives. This could include the skills and experience of members of the organisation, any track record of previous projects, whether you intend to use professional advisers, etc. Our club is a charitable organisation set up to service the community and is governed by the footballing club committee and the Charitable organisation trustees. Within the club committee we have wide reaching skill set from Business Director, Project Management and Green keeping that will allows us to be able to create and execute the clubs business plan. Beyond the committee our coaching community within the club will also be supporting with their expertise as we have identified individuals willing to allow us to benefit from their knowledge including Accountancy, Building Services, Land Scaping, plumbing and electrical services were required. We have also engaged with professional services from Community Enterprise to support us with Community Engagement Events, Digital and Social Media audit and support as well as further support as we progress through the transfer process. Section 5: Level and nature of support 5.1 Please provide details of the level and nature of support for the request, from your community and, if relevant, from others. This could include information on the proportion of your community who are involved with the request, how you have engaged with your community beyond the members of your organisation and what their response has been. You should also show how you have engaged with any other communities that may be affected by your proposals. We currently have circa 300 players associated with the club but as most of these are under 18 we have involvement of the parents, guardians and family members of the players this equates to well over 1000 people directly linked to the club. Over and above this the club has large extended reach within the community due to its long standing resulting in thousands of ex-players, coaches and volunteers still within the East Kilbride area who will support the planned transfer of asset as they understand the positive impact having accessible sport for the community. 25
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With the support of Community Enterprise resource we plan to hold a number of community engagement initiatives to gain further understanding of the community surrounding the facility and to directly answer any questions or concerns they may have that have not yet been considered. We plan to go out the wider community including local residents of the assets area to consult and engage to determine their considerations and feedback. To do this we will assign a campaign period between October - December 2024. We plan to host an engagement day with committee members but prior to this distribute surveys via both electronic links and hard copy options. We will use local news reporting and social media platforms to raise awareness and create access points for the public. Below is an outline of key activities: Set Campaign dates: 4-6 week period Leaflets issued to surrounding housing, left in local community areas Survey support - electronic link & hard copies distributed Banners/Posters around site Social media posts advertising/engagement Involve news reporting media (EK news etc) Drop in session/engagement day with Burgh representative @ site Engage local councillors Reach out to local schools to build partnerships Section 6: Funding 6.1 Please outline how you propose to fund the price or rent you are prepared to pay for the land, and your proposed use of the land. You should show your calculations of the costs associated with the transfer of the land or building and your future use of it, including any redevelopment, ongoing maintenance and the costs of your activities. All proposed income and investment should be identified, including volunteering and donations. If you intend to apply for grants or loans you should demonstrate that your proposals are eligible for the relevant scheme, according to the guidance available for applicants. 26
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Current Costs: Annual pitch and building maintenance: £7,500 (Grass cutter £3500, Building maintenance £4000 Electricity: £9,000 (based on figures received from SLLC but need to be validated as this is excessive) Water: £2,300 Total cost per annum: £18,800 Income: Associated Teams monthly fees: £19,500 1. We have a member of the club committee who is an experienced green keeper so has the required knowledge to manage and maintain the usage and improvement of the existing grass pitches. He would be supported by other volunteers so our labour costs in this regard is nil. 2. We would site a grass cutting machine at the venue with an initial outlay of c£3,500 although this could rise, any additional would be covered by existing club funds. 3. The costs for Electricity in the table above were supplied by SLLC for the current facility but the cost seems excessive for the usage of the site so we will need to validate this and anticipate these costs will be lower. 4. We would look at some grant funding also to gain additional facility resource.(make further improvements etc over time.) 5. Our current club insurance will cover activities for our members. We don’t expect additional premiums in this regard. 6. We would utilise existing club funds for some of the initial outlay and a portion of our membership income on an ongoing basis to cover ongoing costs. 8. Our maintenance programme would be comprehensive, weekly maintenance along with usage management along the lines of the existing use of the facilities. 27
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Section 7: Cashflow forecast 7.1 Please complete the following forecast to the best of your ability. Cashflow forecasting will never be 100% accurate, things may change and projections may not be achieved. However showing that you have considered that in principle you are going to be able to keep the organisation running from year to year strengthens your application. The total income and outgoings are detailed below, the majority of the revenue is generated via the Team membership fee to cover the ongoing running and maintenance costs. The membership revenue increase in Year 2 and 3 as we will increase the number of teams involved to include dedicate girls team and teams at other age groups. The fundraising values are based on running a number of club events throughout the year and the amount raised id estimated on the basis of funds raised by previous events. The Grant value in year 2 and 3 are speculative at this stage as we will need to acquire quotes for the work required once the transfer has been completed and this will then determine the value of grants to be applied for. Year One Year Two Year Three Income Grants £20,000 £20,000 Fundraising £10,000 £15,000 £15,000 Membership £19,500 £26,000 £26,000 Sale of goods/services £0 £0 £0 Donations £2,000 £4,000 £6,000 Other Income Total Income £31,500 £65,000 £67,000 Year One Year Two Year Three Outgoings Utility Bills £11,300 £11,300 £11,300 Insurances £2,000 £2,000 £2,000 Rent and Rates £12 £12 £12 Phones £0 £0 £0 Stationary £0 £0 £0 Accounts & legal fees £5,000 £3,000 £3,000 Expenses £500 £500 £500 Advertising £0 £0 £0 Maintenance £7,000 £10,000 £12,000 Other Costs £1,000 £30,000 £30,000 28
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Total Outgoings £26,812 £56,812 £58,812 TOTAL INCOME £31,500 £65,000 £67,000 TOTAL OUTGOINGS £26,812 £56,812 £58,812 Profit/loss £4,688 £8,188 £8,188 Cumlative Profit/Loss £12,876 £21,064 Section 8: Council Objectives 8.1 Please provide a brief outline of how your proposal will meet the councils current 11 priorities outlined below. Education and Learning 1) Help reduce the poverty related attainment gap and improve long term outcomes for children and families. We have a policy that everyone who wishes to play/ participate in football in East Kilbride will be accommodated. We make this available at minimal monthly fee that covers everything from Training kit, training equipment, match day kit and warm up tops, training facilities match facilities. Where families can not meet the monthly costs we have the process to manage this by exception in order that the individual is not exclude due to financial challenges. This, we believe, levels the playing field and allows those who are impoverished to participate and attain readily without any affect of their financial situations. 2) Improve achievement, raise educational attainment and support lifelong learning. Sport and training in general provide skills and abilities that cannot always be obtained in other environments, including teamwork, discipline, respect, communication and social skills. These skills are learned in a fun and encouraging way that are embedded through the sporting environment but are valuable throughout life through the education system as well as in the working environment. Health and Wellbeing 3) Improve later life Football contributes to health and fitness enabling participants to enjoy sport to late ages and this transfer will allow us to use the facility to accommodate activities such 29
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as Walking Football in order that older participants and stay active at their pace. This activity not only improves physical fitness but also mental health giving the participants improved focus and concentration as well as social interactions that they not be able to access elsewhere. 4) Encourage participation in physical and cultural activities By its very nature Football is a physical activity and the transfer of the facility will allow us to increase the availability of the sport to more than the current 300+ members. With the rejuvenation of the tennis courts on the facility this will also increase the participation in physical activity. Children and Young People 5) Protect vulnerable children and young people The club currently have 80 coaches and volunteers facilitating the running of the teams at all age groups all have to be PVG certified before they can become involved with any team. All coaches have to attain the minimal coaching qualifications for the relevant age group via the SFA, as is necessary to coach children and vulnerable people of all ages. One of the mandatory courses that has to be completed every year by every coach is the Child Wellbeing ELearningmodule. Our club constitution has structured policies regarding the safety and care of the children and members of the club to ensure that our environment is safe, welcoming, fair and free from any form of bias or discrimination. As part of the club structure we have a Child Wellbeing officer to oversea the safety of any member under the age of 18, they role is to ensure that any risks or issues identified at team level are dealt with by the club committee to achieve the required resolution. 6) Supporting our communities by tackling disadvantage and deprivation and supporting aspiration As a club we are committed to assisting in our community, as well as a number of ad-hoc activities we complete to support the community such as Food bank Drives, Easter/Christmas collections for deprived families we are a charity partner of Kylbride Hospice. We donate a proportion of the funds raised by the club and teams to the Hospice as well as assisting in purchasing items needed that they don’t have budget for. 30
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Communities and Environment 7) Contribute towards the transition to a low-carbon economy and society Given the nature of the club our impact here is limited although as part of the future plans we would be investigating how we move the power supply for the facility to renewable energy source such as solar to reduce carbon footprint and costs. 8) Use land to improve bio-diversity and help communities re-connect with nature The land that we plan to acquire is purely for sporting use which doesn’t allow for bio diversity activity on the land, although the land surrounding the facility has potential to support this which we would be happy to discuss as part of the transfer process. Housing and Land 9) Support homeless individuals and those at risk of homelessness, contribute towards the delivery of quality, affordable housing available to all. Our facilities are open to all and we have changing and washing facilities within the buidlings. These are available to all participants including those who are homeless. We have no direct impact on housing and land. Our Economy 10) Work in conjunction with partners to promote job creation and employability. As we are an amateur club and the roles within the club are all on a voluntary basis we don’t have the opportunity to create employment. Each team is sponsored by at least one local business which does raise awareness and lead to employment opportunies due to the connections created through the club. As mentioned above, the skills learned through participation in football do stand individuals in good stead entering the working environment or dealing with different challenges in the working world. 11) Contribute towards community wealth building by work with communities and partners to promote high quality, thriving and sustainable communities The association with the club through sponsorship, fundraisers and wider community activities contribute towards the wealth of the wider community outside of the club. Signature 31
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Two office-bearers (board members, charity trustees or committee members) of the community transfer body must sign the form. They must provide their full names and home addresses for the purposes of prevention and detection of fraud. This form and supporting documents will be made available online for any interested person to read and comment on. Personal information will be redacted before the form is made available. We, the undersigned on behalf of the community transfer body as noted at section 1, make an asset transfer request as specified in this form. We declare that the information provided in this form and any accompanying documents is accurate to the best of our knowledge. 32
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Checklist of accompanying documents To check that nothing is missed, please list any documents which you are submitting to accompany this form. Section 1 – you must attach your organisation’s constitution, articles of association or registered rules Title of document attached: Club Constitution and Charity Constitution Section 2 – any maps, drawings or description of the land requested Documents attached: Location Plan Section 3 – note of any terms and conditions that are to apply to the request Documents attached: Section 4 – about your proposals, their benefits, any restrictions on the land or potential negative consequences, and your organisation’s capacity to deliver. Documents attached: Business Plan Section 5 – evidence of community support Documents attached: Section 6 – funding Documents attached: 33
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CONSTITUTION OF East Kilbride Burgh United SCIO CONTENTS GENERAL Definitions, Name, Office, Community Definition & Purposes, Powers, General Structure Clauses 1-6 MEMBERS Membership, Application for membership, Membership Subscriptions, Re-Registration of Members, Liability, Cessation, Register of Members, Associates Clauses 7-20 DECISION-MAKING BY MEMBERS General Meetings, Chairperson, Quorum, Voting, Proxy,Resolutions, Adjournment Clauses 21-31, Schedule 1 BOARD (CHARITY TRUSTEES) Management by the Board, Interim Board, Composition, Elected, Appointed and Co-opted Charity Trustees, Vacancy, General Duties, Code of Conduct, Register of Trustees, Termination Clauses 33-49, DECISION-MAKING BY CHARITY TRUSTEES Chairperson, Board Meetings, Voting, Sub Committees Clauses 50-59 ADMINISTRATION & FINANCE Constraints on payments, Personal interests, Office Bearers, Finances & Accounts, Notices, Records of meetings, Indemnity, Alteration to Clauses, Dissolution Clauses 60-72 Appendix 42 35
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Charities and Trustee Investment (Scotland) Act 2005 Constitution of East Kilbride Burgh United In this constitution, the following definitions apply throughout: • “2005 Act” means the Charities and Trustee Investment (Scotland) Act 2005 and every statutory modification and re-enactment thereof for the time being in force. • “AGM” means an Annual General Meeting. • “Board” means the Board of Charity Trustees. • “Charity” means a body entered in the Scottish Charity Register as defined under section 106 of Charities and Trustee Investment (Scotland) Act 2005. • “Charity Trustees” means the persons having the general control and management of the Organisation. • “Clauses” means any clause. • “Clear days”, in relation to notice of a meeting, means a period excluding the day when notice is given and the day of the meeting. • “Community” has the meaning given in clause 4. • “GM” means a General Meeting. • “Group” means those other organisations (incorporated or not) that are not this organisation . • “Individual” means a human/person. • “Members” means those individuals and groups who have joined this organisation. • “Organisation” means the SCIO whose constitution this is. • “OSCR” means the Office of the Scottish Charity Regulator” • “Property” means any property, assets or rights, heritable or moveable, wherever situated in the world. • “SCIO” means Scottish Charitable Incorporated Organisation. • “them” and “their” refer to individuals or groups (either he, she or they). Words in the singular include the plural and words in the plural include the singular. These Clauses supersede any model clauses. Any words or expressions defined in the 2005 Act shall, if not inconsistent with the subject or context, bear the same meanings in the Clauses. The Schedule to these Clauses is deemed to form an integral part of these Clauses. 36
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NAME 1 The name of the organisation is “East Kilbride Burgh United” (“the Organisation”). 2 The Organisation will, upon registration, be a Scottish Charitable Incorporated Organisation (SCIO). REGISTERED OFFICE 3 The principal office of the organisation will be in Scotland (and must remain in Scotland). DEFINITION OF COMMUNITY AND PURPOSES 4 Th Organisation has been formed to benefit the community of East Kilbride and surrounding areas both children and adults within the area (the “Community”), with the following purposes (the “Purposes”): 4.1 To provide or advance the accessibility of recreational facilities, and/or organising recreational activities, which will be available to members of the Community and public at large with the object of improving the conditions of life of the Community. 4.2 The advancement of public participation in association football through the organisation, management and development of football for all members, while upholding the rules of the sport and ensuring the highest standards of safety and technical competence are promoted and maintained to better enable members to develop skills in the sport. 4.3 The advancement of health through promoting the sport of association football within the local community in order to encourage participation and provide opportunities for people of all ages to maintain and/or improve their physical and mental health and fitness POWERS 5 The SCIO has power to do anything which is calculated to further its purposes or is conducive or incidental to doing so. In particular, (but without limiting the range of powers available under the 2005 Act), the SCIO has power: 5.1 to encourage and develop a spirit of voluntary or other commitment by, or co-operation with, individuals, unincorporated associations, societies, federations, partnerships, corporate bodies, agencies, undertakings, local authorities, unions, co-operatives, trusts 37
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and others and any groups or groupings thereof willing to assist the Organisation to achieve the Purposes; 5.2 to promote and carry out research, surveys and investigations and to promote, develop and manage initiatives, projects and programmes; 5.3 to provide advice, consultancy, training, tuition, expertise and assistance; 5.4 to prepare, organise, promote and implement training courses, exhibitions, lectures, seminars, conferences, events and workshops, to collect, collate, disseminate and exchange information and to prepare, produce, edit, publish, exhibit and distribute clauses, pamphlets, books and other publications, tapes, motion and still pictures, music and drama and other materials, all in any medium; 5.5 to purchase, take on lease, hire, or otherwise acquire any property suitable for the organisation; 5.6 to construct, convert, improve, develop, conserve, maintain, alter and demolish any buildings or erections whether of a permanent or temporary nature, and manage and operate (or arrange for the professional or other appropriate management and operation of) the organisation's property; 5.7 to sell, let, hire, license, give in exchange and otherwise dispose of all or any part of the property of the organisation; 5.8 to establish and administer a building fund or funds or guarantee fund or funds or endowment fund or funds; 5.9 to employ, contract with, train and pay such staff (whether employed or self- employed) as are considered appropriate for the proper conduct of the activities of the organisation; 5.10 to take such steps as may be deemed appropriate for the purpose of raising funds for the activities of the organisation; 5.11 to accept subscriptions, grants, donations, gifts, legacies and endowments of all kinds, either absolutely, conditionally or in trust; 5.12 to borrow or raise money for the Purposes and to give security in support of any such borrowings by the organisation and/or in support of any obligations undertaken by the organisation; 5.13 to set aside funds not immediately required as a reserve or for specific purposes; 5.14 to invest any funds which are not immediately required for the activities of the organisation in such investments as may be considered appropriate, which may be held in the name of a nominee organisation under the instructions of the Board of Trustees, and to dispose of, and vary, such investments; 5.15 to make grants or loans of money and to give guarantees; 38
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5.16 to establish, manage and/or support any other charity, and to make donations for any charitable purpose falling within the purposes; 5.17 to establish, operate and administer and/or otherwise acquire any separate trading organisation or association, whether charitable or not; 5.18 to enter into any arrangement with any organisation, government or authority which may be advantageous for the purposes of the activities of the organisation and to enter into any arrangement for co-operation, mutual assistance, or sharing profit with any charitable organisation; 5.19 to enter into contracts to provide services to or on behalf of others; 5.20 to effect insurance of all kinds (which may include indemnity insurance in respect of Trustees and employees); 5.21 to oppose, or object to, any application or proceedings which may prejudice the interests of the organisation; 5.22 to pay the costs of forming the organisation and its subsequent development; 5.23 to carry out the Purposes as principal, agent, contractor, trustee or in any other capacity. GENERAL STRUCTURE OF THE ORGANISATION 6 The organisation is composed of: 6.1 Members (composed of Ordinary Members and Junior Members); 6.2 Associates; and 6.3 Charity Trustees (composed of Elected Charity Trustees, Appointed Charity Trustees; and Co-Opted Charity Trustees, following the first GM). MEMBERSHIP 7 The members of the organisation shall consist of those individuals who made the application for registration of the organisation and such other individuals and groups as are admitted to membership under the following clauses. 8 The organisation shall have not fewer than 50 members at any time; and 8.1 In the event that the number of members falls below 50 the Board may conduct only essential business other than taking steps to ensure the admission of sufficient Ordinary Members to achieve the minimum number. 9 Membership of the organisation is open to: 39
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9.1 Individuals aged 16 or over who (and groups which) are members of the Community (“Ordinary Members”); and 9.2 Individuals aged between 4 and 15 who are members of the Community (“Junior Members”) (such Members not being eligible to serve as Charity Trustees). 9.3 If an Individual or group ceases to fulfil the criteria within clause 9.1 or 9.2, that Individual or group must inform the Organisation. The Organisation may choose to reclassify a Junior Member as an Ordinary Member. APPLICATION FOR MEMBERSHIP 10 No Individual or Group may become a Member unless that Individual or Group has submitted a written application for membership in the form prescribed by the Charity Trustees and the Charity Trustees have approved the application. An application submitted by an Group must be signed on behalf of that Group. 10.1 The Charity Trustees shall consider applications for membership promptly. The Charity Trustees shall assess each application to determine whether the applicant meets the criteria for becoming an Ordinary Member or Junior Member. 11 Membership of the organisation may not be transferred by a member. MEMBERSHIP SUBSCRIPTIONS 12 Members shall be required to pay an monthly membership subscription. 12.1 Monthly subscriptions (if any) shall be set by Members at the AGM. Different rates may be set for Ordinary Members and Junior Members. 12.2 Any Individual or Organisation who/which ceases to be a Member shall not be entitled to a refund of their/its membership subscription. LIABILITY OF MEMBERS 14 The members of the organisation have no liability to pay any sums to help to meet the debts (or other liabilities) of the organisation if it is wound up; accordingly, if the organisation is unable to meet its debts, the members will not be held responsible. 15 The members and Charity Trustees have certain legal duties under the Charities and Trustee Investment (Scotland) Act 2005; and clause 14 does not exclude (or limit) any personal liabilities they might incur if they are in breach of those duties or in breach of other legal obligations or duties that apply to them personally. CESSATION OF MEMBERSHIP 16 A member shall cease to be a member if: 16.1 that Member sends a written notice of resignation to registered office of the Organisation; they will cease to be a member as from the time when the notice is received by the organisation; 40
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16.2 that Member has failed to pay monthly membership subscription for over six months and has received at least one written reminder, and the Board has resolved to expel that Member; 16.3 a resolution that that Member be expelled (where that Member’s conduct, in their/its capacity as a Member, has been detrimental to the effective functioning of the Organisation) is passed by special resolution at a GM (notice of which shall state: (a) the full text of the resolution proposed; and (b) the grounds on which it is proposed) at which the Member is entitled to be heard; 16.4 in the case of an Individual, that Individual has died (membership of the Organisation not being transferable); 16.5 in the case of a group, that group goes into receivership or liquidation, or is dissolved or otherwise ceases to exist (membership of the Organisation not being transferable); 16.6 where the Member is a Charity Trustee of the Organisation, that Member has failed to comply with the code of conduct for Trustees in a manner which would result in them ceasing to be a Trustee and a member. REGISTER OF MEMBERS 17 The Board must keep a register of members, setting out for each current member: a) their full name; b) their address; and the date on which they were registered as a member of the organisation. 17.1 Where any member is not an individual, the register must also contain: a) any other name by which the member is known; b) the principal contact for the member; c) any number assigned to it in the Scottish Charity Register, if it is a charity; and any number with which it is registered as a company, if it is a company. 17.2 For each former member the register must set out, for at least six years from the date on they ceased to be a member: a) their name; and the date on which they ceased to be a member. 17.3 The Board must ensure that the register of members is updated within 28 days of receiving notice of any change. 17.4 If a member or Charity Trustee of the Organisation requests a copy of the register of members, the Board must ensure that a copy is supplied to them within 28 days, providing the request is reasonable. If the request is made by a member (rather than a Charity Trustee), the Board may provide a copy which has the addresses blanked out. 41
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ASSOCIATES 18 Individuals and Groups wishing to support the Purposes who are not members of the Community may become associates of the Organisation (“Associates”). Associates may attend and speak at GMs but may not participate in such meetings for voting or quorum purposes. 18.1 c) No Individual or Group may become an Associate unless that Individual or Group has submitted a written application to become an Associate in the form prescribed by the Charity Trustees and the Charity Trustees have approved the application. An application submitted by a Group must be signed on behalf of that Group. 18.2 d) The Charity Trustees shall consider applications for associateship promptly. The Charity Trustees shall assess each application to determine whether the applicant meets the criteria for becoming an Associate. 19 The Charity Trustees shall cause a register of associates to be maintained containing: (a) the name and address of each Associate; (b) the date on which each Individual or Group was registered as an Associate; and b) (c) the date at which any Individual or Organisation ceased to be an Associate. 20 An Associate shall cease to be an Associate if: 20.1 that Associate sends a written notice of resignation to the Organisation; 20.2 that Associate becomes a member of the Community; 20.3 a resolution that that Associate be expelled from being an Associate (where that Associate’s conduct, in their capacity as Associate, has been detrimental to the effective functioning of the Organisation) is passed by special resolution at a GM (notice of which shall state: (a) the full text of the resolution proposed; and (b) the grounds on which it is proposed) at which the Associate is entitled to be heard); 20.4 in the case of an Individual: (a) that Individual becomes insolvent or apparently insolvent or makes any arrangement with their creditors; or (b) that Individual has died; or 20.5 in the case of a Group, that Group goes into receivership or liquidation, or is dissolved or otherwise ceases to exist. GENERAL MEETINGS (Meetings of the Members) 21 The Board may call a GM at any time and must call a GM within 28 days of a valid requisition. To be valid, such requisition must be signed by at least 5% of the Members, 42
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must clearly state the purposes of the meeting, and must be delivered to the registered office of the Organisation. The requisition may consist of several documents in like form each signed by one or more of the Members. Annual General Meeting 22 The Board shall convene one GM a year as an AGM. An AGM need not be held during the calendar year during which the Organisation is incorporated, provided an AGM is held within 15 months of the date of incorporation. Thereafter, not more than 15 months shall elapse between one AGM and the next. 22.1 The business of each AGM shall include: (a) a report by the Chairperson on the activities of the Organisation; (b) the election of Elected Charity Trustees; (c) the fixing of annual subscriptions; (d) consideration of the accounts of the Organisation; (e) a report of the auditor if applicable; and the appointment of the auditor if applicable. Notice of General Meetings 23 Subject to the terms of clause 67, notice of a GM shall be given as follows: 23.1 At least 14 Clear Days’ notice must be given of any GM. 23.2 The notice must specify the place, date and time of the GM, the general nature of business to be dealt with at the meeting; and (a) in the case of a resolution to alter the constitution, must set out the exact terms of the proposed alteration(s); and in the case of any special resolution (as defined in clause 30) must set out the exact terms of the resolution. 23.3 Notice of every members' meeting must be given to all the members of the organisation, and to all the Charity Trustees; but the accidental omission to give notice to one or more members will not invalidate the proceedings at the meeting. CHAIRPERSON OF GENERAL MEETINGS 24 (a) The Chairperson of the organisation shall act as Chairperson of each GM. (b) If the Chairperson is not present or willing to do so the Vice-Chairperson of the organisation shall act as Chairperson of the GM. (f) (c) If neither the Chairperson nor the Vice-Chairperson is present or willing to act as Chairperson of the GM within 15 minutes after the time at which it was due to start, the Charity Trustees present shall elect from among themselves one of the Elected Charity Trustees who will act as Chairperson of that GM. 43
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QUORUM AT GENERAL MEETINGS 25 The quorum for a GM shall be the greater of: (a) eleven Members; or (b) 10% of the Members, present either in person or by proxy. No business shall be dealt with at any GM unless a quorum is present. 25.1 If a quorum is not present within 15 minutes after the time at which the GM was due to start (or if, during a GM, a quorum ceases to be present) the GM shall be adjourned until such time, date and place as may be fixed by the Chairperson of the GM. 25.2 (b) The Board may make arrangements in advance of a GM to allow members (or their proxies) to fully participate remotely, so long as all those participating in the meeting can communicate with each other; and all Members (or their proxies) may vote during the meeting. A Member or proxy participating remotely by such means shall be deemed to be present in person at the GM. VOTING AT GENERAL MEETINGS 26 The Chairperson of the meeting shall endeavour to achieve consensus wherever possible but, if necessary, questions arising shall be decided by being put to the vote. 26.1 Each Member shall have one vote, to be exercised in person or by proxy, by a show of hands 26.2 A secret ballot may be demanded by: (a) the chairperson of the GM; or (b) at least two Members present at the GM, before a show of hands and must be taken immediately and in such manner as the chairperson of the GM directs. The result of a secret ballot shall be declared at that GM. 28 In the event of an equal number of votes for and against any resolution, the Chairperson of the meeting shall have a vote in their capacity as a member of the organisation. Resolutions 29 At any GM an Ordinary Resolution put to the vote of the meeting may be passed by a simple majority of the Members voting (in person or by proxy). 30 Certain resolutions must be passed as Special Resolutions, including resolutions: a) to alter the name of the Organisation; or b) to amend the Purposes; or c) to amend these Clauses; or 44
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d) to wind up the Organisation in terms of clause 72. At any GM a Special Resolution put to the vote of the meeting may be passed by not less than two thirds of the Members voting (in person or by proxy). 31 Ordinary and Special Resolutions may be passed in writing, rather than at a General Meeting, and shall have effect as if they had been passed at a GM, provided the terms of this Clause are followed. 31.1 An Ordinary Resolution may be passed in writing if signed by a simple majority of all the Members. 31.2 A Special Resolution to wind up the Organisation may be passed in writing if signed by all the Members. 31.3 Any other Special Resolution may be passed in writing if signed by not less than two thirds of all the Members. 31.4 Written resolutions must be sent to all Members at the same time (the “Circulation Date”) in hard copy (posted or hand-delivered) or electronic form (faxed or e-mailed), or by means of a website. 31.5 Written resolutions must be accompanied by a statement informing the Member: (a) how to signify agreement to the resolution; (b) how to return the signed resolution to the Organisation (in hard copy (posted or hand-delivered) or electronic form (faxed or e-mailed)); (c) the date by which the resolution must be passed if it is not to lapse (that is, the date which is 28 days after the Circulation Date); and that they will not be deemed to have agreed to the resolution if they fail to reply. 31.6 A written resolution may consist of several documents in the same form, each signed by or on behalf of one or more Members. 31.7 Once a Member has signed and returned a written resolution in agreement thereto, that Members’ agreement is irrevocable. 31.8 The Members may require the Organisation to circulate a written resolution. 31.8.1 The resolution must be requested by at least 5% of the Members. Requests must be in hard copy (posted or hand-delivered) or electronic form (faxed or e-mailed), must identify the resolution and may be accompanied by a statement not exceeding 1,000 words which the Organisation will also be required to circulate. 45
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31.8.2 The Board may reject the resolution but must provide reasons for doing so to the members requesting the resolution. 31.8.3 If accepted, the Organisation must circulate the resolution and any accompanying statement within 21 days, and may require the requesting Members to cover the expenses it incurs circulating the resolution. MEETING ADJOURNMENT 32 The Chairperson of the GM may, with the consent of a majority of the Members voting (in person or by proxy), adjourn the General Meeting to such time, date and place as the Chairperson may determine. ORGANISATION MANAGEMENT 33 The affairs, property and funds of the organisation shall be directed and managed by a Board of Charity Trustees. The Board: 33.1 (d) shall set the strategy and policy of the Organisation; 33.2 shall, where no employees or managers are appointed, be responsible for the day-to- day management of the Organisation; 33.3 shall hold regular meetings between each AGM, meeting as often as necessary to despatch all business of the Organisation; 33.4 shall monitor the financial position of the Organisation; 33.5 shall direct and manage the affairs and Property of the Organisation; 33.6 shall generally control and supervise the activities of the Organisation; 46
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33.7 may, on behalf of the Organisation, do all acts which may be performed by the Organisation (other than those required to be performed by the Members at a GM); 33.8 may exercise the powers of the Organisation; and 33.9 may not also be paid employees of the Organisation. INTERIM BOARD 34 Upon incorporation of the organisation, the individuals who signed the Charity Trustee declaration forms which accompanied the application for incorporation of the organisation shall be deemed to have been appointed by the members as Charity Trustees with effect from the date of incorporation of the Organisation. 34.1 The Interim Board shall retire at the first GM, which shall be held as soon as practicable following incorporation, but shall remain eligible for re-election (the period of office between the date of incorporation and the date of the first GM not being regarded as a “term of office” for the purposes of clause 24.6). COMPOSITION OF THE BOARD OF CHARITY TRUSTEES 35 The number of Charity Trustees shall be not less than three and the total number of Charity Trustees shall not be more than 10. APPOINTMENT OF CHARITY TRUSTEES 36 From and after the first General Meeting of the organisation, the Board shall comprise the following individual persons (a majority of whom shall always be Elected Charity Trustees): 36.1 up to 3 individual persons elected as Charity Trustees by the Members in accordance with clause 37 (“the Elected Charity Trustees”), who must themselves be Ordinary Members; and 36.4 Employees of the organisation may not be nominated as or become Charity Trustees. ELECTED CHARITY TRUSTEES 37 At the first General Meeting of the Organisation, the Members shall elect up to 5 individual Ordinary Members as Elected Charity Trustees. 37.1 Elected Charity Trustees must be nominated in writing by at least two Members. Such nominations must contain confirmation from the nominee that they are willing to act as an 47
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Elected Charity Trustee and must be delivered to the registered office of the Organisation at least seven days before the GM. 37.2 Each Member has one vote for each vacancy in the Elected Charity Trustees on the Board. 37.3 Provided the first GM is not also the first AGM, there shall be no changes in the Charity Trustees at the first AGM (except to fill any vacancies left following the first GM or caused by retirals since the first GM). 37.4 At the second and subsequent AGMs, one-third of the Elected Charity Trustees (rounding upwards if this is not a whole number) shall retire from office at the close or adjournment of that meeting. 37.5 A retiring Charity Trustee shall be eligible for re-election after one term of office. A retiring Charity Trustee shall not be eligible for re-election after two consecutive terms of office until a period of one year in which they have not been a Charity Trustee has passed. 37.6 The Elected Charity Trustee(s) to retire at an AGM shall be those who have been longest in office since their election/re-election (unless other Elected Charity Trustee(s) have agreed to retire at that AGM). As between Individuals who were appointed as Elected Charity Trustees on the same date, the Elected Charity Trustee(s) to retire shall be agreed between the Individuals appointed on the same date or determined by lot. CO-OPTED CHARITY TRUSTEES 38 Subject to clause 35, the Charity Trustees may appoint Individuals as Charity Trustees to ensure a spread of skills and experience within the Board (“Co-opted Charity Trustees”) and may remove a Co-opted Charity Trustee at any time. 38.1 A Co-opted Charity Trustee shall retire at the AGM following their appointment unless re-appointed by the Charity Trustees. 38.2 A Co-opted Charity Trustee can be removed from office at any time by a simple majority of the Board. 38.3 For the avoidance of doubt, a Co-opted Charity Trustee may participate fully in at all Board meetings which they attend, and is eligible to vote at them. VACANCY 39 The Board may from time to time fill any casual vacancy arising as a result of the retiral (or deemed retiral for any reason) of any Elected Charity Trustee from or after the date of such retiral or deemed retiral until the next AGM. CHARITY TRUSTEES – GENERAL DUTIES 40 Each of the Charity Trustees has a duty, in exercising functions as a Charity Trustee, to act in the interests of the organisation; and, in particular, must: 48
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40.1 seek, in good faith, to ensure that the organisation acts in a manner which is in accordance with its purposes; 40.2 act with the care and diligence which it is reasonable to expect of a person who is managing the affairs of another person; 40.3 in circumstances giving rise to the possibility of a conflict of interest between the organisation and any other party, put the interests of the organisation before that of the other party; where any other duty prevents them from doing so, disclose the conflicting interest to the organisation and refrain from participating in any deliberation or decision of the other Charity Trustees with regard to the matter in question; 40.4 ensure that the organisation complies with any direction, requirement, notice or duty imposed under or by virtue of the Charities and Trustee Investment (Scotland) Act 2005. 41 In addition to the duties outlined in clause 41, all of the Charity Trustees must take such steps as are reasonably practicable for the purpose of ensuring: 41.1 that any breach of any of those duties by a Charity Trustee is corrected by the Charity Trustee concerned and not repeated; and 41.2 that any Charity Trustee who has been in serious and persistent breach of those duties is removed as a Charity Trustee. 42 Provided they have declared their interest - and have not voted on the question of whether or not the organisation should enter into the arrangement - a Charity Trustee will not be debarred from entering into an arrangement with the group in which they have a personal interest; and (subject to clause 61 and to the provisions relating to remuneration for services contained in the Charities and Trustee Investment (Scotland) Act 2005), they may retain any personal benefit which arises from that arrangement. 43 No Charity Trustee may serve as an employee (full time or part time) of the organisation; and no Charity Trustee may be given any remuneration by the organisation for carrying out their duties as a Charity Trustee. 44 The Charity Trustees may be paid all travelling and other expenses reasonably incurred by them in connection with carrying out their duties; this may include expenses relating to their attendance at meetings. REGISTER OF CHARITY TRUSTEES 45 The Board must keep a register of Charity Trustees, setting out for each current Charity Trustee: a) the name of the Charity Trustee; b) the address of the Charity Trustee; c) the date on which they were appointed as a Charity Trustee; and any office held by them in the organisation. 49
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45.1 Where a Charity Trustee is not an individual the register must also contain: a) Any other name by which the Charity Trustee is known; b) the principal contact for the Charity Trustee; c) any number assigned to it in the Scottish Charity Register (if it is a charity); and any number with which it is registered as a company, if it is a company. 45.2 Where the Charity Trustee is appointed by OSCR under section 70A of the 2005 Act it must be recorded in the register. 45.3 For each former Charity Trustee the register must set out, for at least 6 years from the date on which they ceased to be a Charity Trustee: a) the name of the Charity Trustee; b) any office held by the Charity Trustee in the Organisation; and the date on which they ceased to be a Charity Trustee. 45.4 The Board must ensure that the register of Charity Trustees is updated within 28 days of receiving notice of any change. 45.5 If any person requests a copy of the register of Charity Trustees, the Board must ensure that a copy is supplied to them within 28 days, providing the request is reasonable; if the request is made by a person who is not a Charity Trustee of the Organisation, the Board may provide a copy which has the name and address of any of the Charity Trustees blanked out. The name of a Charity Trustee may only be blanked out if the Organisation is satisfied that including that information is likely to jeopardise the safety or security of any person or premises. TERMINATION OF CHARITY TRUSTEES OFFICE 46 A Charity Trustee will automatically cease to hold office if: - 46.1 they give the Organisation a notice of resignation, signed by them; 46.2 they become an employee of the Organisation; 46.3 in the case of a Charity Trustee elected under clause 37) they cease to be a member of the Organisation; 46.4 in the case of a Charity Trustee appointed under clause 38) they cease to be a member of the appointing group; 46.5 in the case of a Charity Trustee co-opted under clause 39) the Board under clause 39.2vote to end the appointment; 46.6 they become disqualified from being a Charity Trustee under the Charities and Trustee Investment (Scotland) Act 2005; 50
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46.7 they are absent (without good reason, in the opinion of the Board) from more than three consecutive meetings of the Board - but only if the Board resolves to remove them from office; 46.8 they become incapable for medical reasons of carrying out their duties as a Charity Trustee - but only if that has continued (or is expected to continue) for a period of more than six months; 46.9 they are removed from office by resolution of the Board on the grounds that they are considered to have committed a material breach of the code of conduct for Charity Trustees (as referred to in clauses 46); 46.10 they are removed from office by resolution of the Board on the grounds that they are considered to have been in serious or persistent breach of their duties under section 66(1) or (2) of the 2005 Act; 46.11 they become prohibited from being a Charity Trustee by virtue of section 69(2) of the 2005 Act 46.12 they commit any offence under section 53 of the 2005 Act. 47 Clauses 46.9 and 46.10 apply only if the following conditions are met: 47.1 d) the Charity Trustee who is subject of the resolution is given reasonable prior written notice of the grounds upon which the resolution for removal is to be proposed; 47.2 d) the Charity Trustee concerned is given the opportunity to address the meeting at which the resolution is proposed prior to the resolution being put to a vote; and 47.3 at least two thirds of the Charity Trustees then in office vote in favour of the resolution. c) CHAIRPERSON AND VICE-CHAIRPERSON 48 The Board shall meet as soon as practicable meeting immediately after each AGM or following the resignation of the existing Chairperson/Vice-Chairperson to appoint: (a) an Elected Charity Trustee to chair Board meetings and GMs (the “Chairperson”), and (b) an Elected Charity Trustee to chair Board meetings and GMs in the event that the Chairperson is not present and willing to do so (the “Vice Chairperson”). 49 In the event that: (a) the Chairperson is not present and willing to act within 15 minutes of the time at which the GM/Board meeting is due to start, or no Chairperson is currently appointed; and (b) the Vice-Chairperson is not present and willing to act within 15 minutes of the time at which the GM/Board meeting is due to start, or no Vice-Chairperson is currently appointed, 51
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the Charity Trustees present must appoint an Elected Charity Trustee to chair the GM/Board meeting. BOARD MEETINGS 50 The quorum for Board meetings shall be not less than 50% of all the Trustees, a majority of whom are Elected Charity Trustees. No business shall be dealt with at a Board meeting unless such a quorum is present. 50.1 A Charity Trustee shall not be counted in the quorum at a meeting (or at least the relevant part thereof) in relation to a resolution on which, whether because of personal interest or otherwise, they are not entitled to vote. 50.2 The Board may make any arrangements in advance of any Board meeting to allow members to fully participate in such meetings so long as all those participating in the meeting can clearly comprehend each other; a member participating in any such means other than in person shall be deemed to be present in person at the Board meeting. 51 7 Clear Days’ notice in writing shall be given of any meeting of the Board at which a decision in relation to any of the matters referred to in clause 30 is to be made, which notice shall be accompanied by an agenda and any papers relevant to the matter to be decided. 52.1 All other Board meetings shall require not less than 7 days’ prior notice, unless all Charity Trustees agree unanimously in writing to dispense with such notice on any specific occasion. 52.2 On the request of a Charity Trustee the Chairperson shall summon a meeting of the Board by notice served upon all Charity Trustees, to take place at a reasonably convenient time and date. 53 No alteration of the Clauses and no direction given by Special Resolution shall invalidate any prior act of the Board which would have been valid if that alteration had not been made or that direction had not been given. 54 The Board may act notwithstanding any vacancy in it, but where the number of Charity Trustees falls below the minimum number specified in clause 35, it may not conduct any business other than to appoint sufficient Charity Trustees to match or exceed that minimum. 55 The Board may invite or allow any person to attend and speak, but not to vote, at any meeting of the Board or of its sub-committees. 56 The Board may from time to time promulgate, review and amend any Ancillary Regulations, Guidelines and/or Policies, subordinate at all times to these Clauses, as it deems necessary and appropriate to provide additional explanation, guidance and governance to members/Charity Trustees. 52
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VOTING AT BOARD MEETINGS 57 The Chairperson of the Board meeting shall endeavour to achieve consensus wherever possible but, if necessary, questions arising shall be decided by being put to the vote, 57.1 Each Charity Trustee present (and who is eligible to vote) has one vote. In the event of an equal number of votes for and against any resolution at a Board meeting, the Chairperson of the meeting shall have a casting vote as well as a deliberative vote. 57.2 A resolution in writing shall be as valid and effectual as if it had been passed at a meeting of the Board or of a sub-committee. A resolution may consist of one or several documents in the same form each signed by one or more Charity Trustees or members of any relative sub-committee as appropriate. SUB-COMMITTEES 58 The Board may delegate any of its powers to sub-committees, each consisting of not less than one Charity Trustee and such other person or persons as it thinks fit or which it delegates to the committee to appoint. 58.1 Any sub-committee so formed shall, in the exercise of the powers so delegated, conform to any remit and regulations imposed on it by the Board. The meetings and proceedings of any such sub-committee shall be governed by the provisions of these Clauses for regulating the meetings and proceedings of the Board so far as applicable and so far as they are not superseded by any regulations made by the Board. 58.2 Each sub-committee shall ensure the regular and prompt circulation of, the minutes of its meetings to all Charity Trustees. CONSTRAINTS ON PAYMENTS/BENEFITS TO MEMBERS AND CHARITY TRUSTEES 59 The income and property of the Organisation shall be applied solely towards promoting the Purposes and do not belong to the members. Any surplus income or assets of the Organisation are to be applied for the benefit of the Community. 60 No part of the income or property of the Organisation shall be paid or transferred (directly or indirectly) to the members of the Organisation, or to any other individual, whether by way of dividend, bonus or otherwise, except in the circumstances provided for in clause 61. 61 No benefit (whether in money or in kind) shall be given by the Organisation to any member or Charity Trustee except the possibility of: 61.1 repayment of out-of-pocket expenses (subject to prior agreement by the Board); 53
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61.2 reasonable remuneration in return for specific services actually rendered to the Organisation (in the case of a Charity Trustee such services must not be of a management nature normally carried out by a Trustee of an Organisation); 61.3 payment of interest at a rate not exceeding the commercial rate on money lent to the Organisation; 61.4 payment of rent at a rate not exceeding the open market rent for property let to the Organisation; 61.5 the purchase of property from any member or Charity Trustee provided that such purchase is at or below market value; 61.6 the sale of property to any member or Charity Trustee provided that such sale is at or above market value; or 61.7 payment by way of any indemnity, where appropriate in accordance with clause 94. 62 Where any payment is made under clause 61, the terms of clause 63 must be observed. PERSONAL INTERESTS & CONFLICTS OF INTEREST 63 Whenever a Charity Trustee finds that there is a personal interest, as defined in sub- clauses 63.3 and 63.4, they have a duty to declare this to the Board meeting in question. 63.1 A Charity trustee must not vote at a Board meeting (or at a meeting of a sub-committee) on any resolution which relates to a matter in which they has a personal interest or duty which conflicts (or may conflict) with the interests of the SCIO. 63.2 It will be up to the Chairperson of the meeting in question to determine: (a) whether the potential or real conflict simply be noted in the Minutes of any relevant meeting, or (b) whether the Charity Trustee in question, whilst being permitted to remain in the meeting in question, must not partake in discussions or decisions relating to such matter, or (c) whether the Charity Trustee in question should be required to be absent during that particular element of the meeting. Where a Charity Trustee leaves, or is required to leave, the meeting they no longer form part of the quorum for that meeting. 63.3 An interest held by an individual who is “connected” with the Charity trustee under section 68(2) of the Charities and Trustee Investment (Scotland) Act 2005 (husband/wife, partner, child, parent, brother/sister etc) shall be deemed to be held by that Charity trustee; 63.4 A Charity trustee will be deemed to have a personal interest in relation to a particular matter if a body in relation to which they are an employee, director, member of the management committee, officer or elected representative has an interest in that matter. 54
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63.5 The Board shall determine from time to time what interests shall be relevant interests and shall ensure that a Register of Notices of Relevant Interests is maintained, which shall be open for inspection by both the Board and members of the Organisation and, with the express prior written approval of the Charity Trustee or employee concerned, by members of the public. OFFICER BEARERS 64 The Board may appoint office bearers for such term and upon such terms and conditions as they think fit. Any officer bearer may be removed by the Board at any time 64.1 The Board may appoint a treasurer for such term and upon such terms and conditions as they think fit. The treasurer may be removed by the Board at any time. The treasurer may be required to attend Board and sub-committee meetings but: (a) may not participate in such meetings for voting or quorum purposes unless they are also a Charity Trustee; (b) may not attend meetings (or parts of meetings) at which their remuneration or employment is to be discussed; and (if the treasurer is not a Charity Trustee) may not attend meetings at which confidential matters are to be discussed. FINANCES & ACCOUNTS 65 The Board shall determine: 65.1 which banks or building societies the bank accounts of the Organisation shall be opened with; 65.2 how bank accounts shall be maintained and operated; and 65.3 how cheques and other negotiable instruments, and receipts for monies paid to the Organisation, shall be signed, drawn, accepted, endorsed or otherwise executed. 66 The Board shall cause accounting records to be kept for the Organisation in accordance with the requirements of the 2005 Act and other relevant legislation. 66.1 The accounting records shall be maintained by the Treasurer (if there is one) and overseen by the Principal Officer (if there is one), or otherwise by, or as determined by, the Board. Such records shall be kept at such place or places as the Board thinks fit and shall always be open to the inspection of the Trustees. 55
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66.2 The Board must prepare annual accounts, complying with all relevant statutory requirements, and must ensure the accounts are examined or audited, as appropriate, by a qualified examiner or auditor. 66.3 At each AGM, the Board shall provide the members with a copy of the accounts for the period since the last preceding accounting reference date (or, in the case of the first account, since the incorporation of the Organisation). The accounts shall be accompanied by proper reports of the Board. 66.4 Copies of such accounts shall, not less than 21 clear days before the date of the General Meeting, be delivered or sent to all members, Charity Trustees, the Office Bearers and the auditor, or otherwise be available for inspection on the website or other location of the Organisation (with all members, Charity Trustees, the Organisation Secretary and the auditor being made aware that they are so available for inspection there). NOTICES 67 The Organisation may serve a notice on a Member in hard copy (addressed to the address given for that Member in the register of members, and posted or hand-delivered) or electronic form (faxed or e-mailed). A notice is deemed to have been served on the day following the day on which it is hand-delivered, posted faxed or e-mailed. 68 The Organisation may communicate with a Member by electronic means (including fax and e-mail) unless the Member has requested that communications from the Organisation be sent in hard copy. The Organisation may publish notifications by means of a website provided the Organisation has advised Members of this and taken reasonable steps to notify Members who have informed the Organisation that they do not have internet access. RECORDS OF MEETINGS 56
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69 The Board shall cause minutes to be made of all appointments of officers made by it and of the proceedings of all General Meetings and of all Board meetings and of sub-committees, including the names of those present, and all business transacted at such meetings and any such minutes of any meeting, if purporting to be signed after approval, either by the Chairperson of such meeting, or by the Chairperson of the next succeeding meeting, shall be sufficient evidence without any further proof of the facts therein stated. INDEMNITY 70 Subject to the terms of the 2005 Act and without prejudice to any other indemnity, the Charity Trustees, or member of any sub-committee, the Organisation Office Bearers and all employees of the Organisation may be indemnified out of the funds of the Organisation against any loss or liability (including the costs of defending successfully any court proceedings) which he, she or they may incur or sustain, in connection with or on behalf of the Organisation. ALTERATION TO THE CLAUSES 71 Subject to the terms of this clause, this constitution may be altered by a Special Resolution of the members passed in accordance with clause 30 or 31.3 71.1 Any changes to the purposes set out in clause 4 are subject to written consent being obtained from OSCR (and its successors) in terms of section 16 of the Charities and Trustee Investment (Scotland) Act 2005 71.2 The Board must notify OSCR (and its successors) of any changes to the constitution not relating to the purposes, in terms of section 17 of The Charities and Trustee Investment (Scotland) Act 2005 DISSOLUTION 72 The Organisation may be wound up or dissolved only on the passing of a Special Resolution for that purpose in accordance with clauses 30 and 31.4, and subject to written consent being obtained from OSCR. 72.1 If, on the winding-up of the Organisation, any property or assets remains after satisfaction of all its debts and liabilities, such property shall be given or transferred to such other community body or bodies or charitable group, which has purposes which resemble closely the purposes of the Organisation, as may be: 57
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(a) determined by not less than two thirds of the Ordinary Members of the Organisation voting (in person or by proxy) at a General Meeting called specifically (but not necessarily exclusively) for the purpose; and (b) approved by OSCR (and its successors). 58
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Schedule 1 Form of Proxy East Kilbride Burgh United I , ……………………………………………………………………………….…………………, residing at ……………………………………………………………………………….………., being a Member of the above Organisation hereby appoint …………………………………………………………………………………….…….…………, of ……………………………………………………..…………..…………………………….…, and, failing him or her, ……………………...…………………………………..………………, of ………………………………………………………………..…………………………………, as my proxy to vote on my behalf at the [Annual General Meeting / General Meeting] of the Organisation to be held on ………………………………………………………………………………………........................ and at any adjournment thereof. I hereby instruct my proxy to vote in favour of/against the following resolution[s]: [insert resolution(s)] Signed the ............ day of ……………………………………………… Signature of member appointing proxy ……………………………………………… 59
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East Kilbride Burgh United A.F.C. Murray Recreation Area Proposed Asset Transfer Business Plan 2024 Appendix 5 2 61
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Contents 1 Disclaimer ............................................................................. 3 2 About Our Club..................................................................... 4 3 Executive Summary ............................................................. 5 4 Project Summary .................................................................. 7 5 Local Community Impact and Involvement ........................ 12 6 Policy Fit ............................................................................. 14 62
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1 Disclaimer This business plan has been developed using open-sourced information and material provided by the charity trustees and committee members of East Kilbride Burgh United A.F.C. East Kilbride Burgh United A.F.C. accept all responsibility for the report’s contents which all existing committee members have reviewed to ensure that every statement in the document is fair, clear, and not misleading. East Kilbride Burgh United A.F.C. believes the information contained in this document is in accordance with the facts and the document makes no omission likely to affect the meaning of such information. The application of its terms to individual personal circumstances can vary. The proposed statements in this document are based on current expectations and are subject to risks and uncertainties which could cause results to differ materially from those expressed or implied by those statements. This document does not constitute, or form part of, any offer to sell or issue, or any solicitation of an offer to purchase or subscribe for, any shares or any other securities. In addition, it is not intended to form the basis of or act as an inducement to enter into any contract or investment activity and should not be considered as a recommendation by East Kilbride Burgh United Football Club its respective committee members or affiliates in relation to the Investment. 63
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2 About Our Club East Kilbride Burgh United A.F.C. -“E.K. Burgh”, formed in 1968, is one of the longest-running youth football clubs in East Kilbride. With current teams ranging from pre-school children through to adult football. There are almost 300 children and adults signed with the club from all demographics and ethnicity. The club caters for all genders, backgrounds and heritage, and aims to make football accessible to all regardless of different abilities. We have around 80 volunteer coaches and helpers who contribute a significant amount of their own time, to ensure the development of each individual player and team to ensure that the training and playing environment is of the highest quality. The teams are members of various leagues across Lanarkshire, East Renfrewshire, and the Greater Glasgow area depending on which is best suited for the teams needs. As of this year we have also joined up with Dynamo East Kilbride A.F.C. who are also a long standing football club from East Kilbride, they were founded in 1969 and have been successfully competing in the adult amateur leagues since then. Both clubs have agreed to partner in order that we can extend the benefit to the community offering an adult amateur team to provide a pathway into amateur football for the players as they become too old for youth football mitigating the drop out of players aged 18+ from competitive sport. East Kilbride Burgh United is a Scottish Charitable Incorporated Organisation (SCIO) with the Scottish Charity Register with a constitution in accordance with the National Association, our charity number is SC053333. We continue to run as a non-profitable organisation open to all members of the community regardless of age, gender, sex, religion/beliefs, or disabilities. Our aim is to facilitate a true community sports hub within the East Kilbride area for all our current and future members making physical exercise more available to all. The club also has an SFA-backed constitution, a long standing committee and a board of Trustees, we are also recognised through our work in football, and the wider community, through an accreditation as an SFA Quality Mark club. 64
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3 Executive Summary This document is a plan for the proposal of a Community Asset Transfer for a 25-year lease of the Murray Recreation Area in East Kilbride to East Kilbride Burgh United. We will adopt a phased approach to the asset transfer in order to allow us to expand our commitment and impact to the community over time. This will allow us to focus on the core activity that allows us to develop and deliver services and activities that support the health and wellbeing of the local community. Phase 1 of the project: • To use the already existing 2 grass pitches to their full potential, enhancing the current condition of the playing surfaces and equipment such as goal posts, nets etc in order to be able to use the pitch for the various football formats such as 4, 5, 7, 9 and 11 a side whilst still maintaining the usage guideline. • To utilize the two changing room buildings in order to improve the current condition of these and to use the larger changing room for multi purpose such as Personal Training and small fitness classes. • Storage building/grass cutting equipment store – we would propose to take over this small building as part of the asset transfer. • To provide a ‘hub’ for all age groups within our club to use the facility and to welcome any visitors/opponents. • To help grow, retain and create a pathway for players, developing skills and encouraging new participation for all demographics of the local community. • To generate wider community benefit through football, sport and non-sporting activities, particularly in the areas of health and well-being, education skills, social inclusion and volunteering. • To create a sustainable community business model for ongoing delivery of these aims long term. The existing site not only includes the 2 grass football pitches and 2 changing room buildings but also has two tennis courts, one red ash football pitch which are in a state of disrepair, we do not 65
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intend to take over these areas as part of our initial transfer but these would potentially be considered as a phase 2 of the project. There is also 2 bowling greens and a bowling clubhouse building on site, the bowling club is still active and has members and we plan to engage with the members and committee as part of our community consultation to ensure they were aware of all plans and they were to mutual benefit and does not cause any disruption to them. South Lanarkshire Council currently provides the pitch maintenance, grass cutting and lining of the pitch along with all maintenance costs associated with the pavilion changing rooms. East Kilbride Burgh United proposes to take over the maintenance completely which in turn will save the council these costs year on year. The revenue to cover the costs of maintenance and improvement will come from the member teams via a set annual contribution which will more than cover running costs but also result in reduction in the outgoings for the member teams versus current hire costs. The main partner in the project will be South Lanarkshire Council and in addition the club will seek the support of grant funding agencies to raise additional funds for ongoing improvements and enhancements to the overall facilities. Alongside these partners will be local schools and other community groups, as the location of the facility is next to two schools the club will be looking to offer services to the schools such as use of the facilities access to qualified coaches for school activities or football team. This development will create a genuine community training facility that will enable community use of football and other sports while also supporting educational and community projects. 66
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4 Project Summary Our project is designed to ensure that we give the adequate amount of attention needed to the critical areas to bring our vision to life which is why we will not take over the full area in the initial transfer. The initial phase of our CAT would involve us taking over the 2 2ootball pavilion buildings, Storage building and two grass football pitches. We would take over all maintenance of these specific areas and make significant improvements to the tired changing facilities. Since the COVID-19 pandemic there has been a real reduction in available changing space at facilities and how many football teams prepare for matches. Many teams now arrive to matches games already dressed in their kits and ready to play and then leave in the same kit which is far from ideal in cold and wet winter months. One of the key objectives is to give access to modern changing facilities equipped for all ages and genders in order to bring back the “dressing room” environment and culture, where teams (both home and away) have the option to prepare for matches in the changing facilities. We intend to upgrade the décor and furnishings inside to provide a warm, modern feel to all teams who visit and use these facilities. The exterior of the changing pavilion and storage buildings have been subject to vandalism over the years and are deemed by the general community to be an “eyesore”. Despite these cosmetic issues, the buildings appear to be structurally sound and will provide sufficient space for our plans. 67
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The grass pitches will be used to host matches available to the member teams on a rotational basis to allow access to all age groups and not just the ones playing 11 a side format. We also have plans to incorporate workshops and training camps for the wider community throughout the year when the competitive season is not active. The pitches are currently of a “Good” standard but do require attention and invest to bring them up to an Excellent standard. Current access to the pitches means that they are open to abuse with evidence of track marks from quads/motorbikes, dog fouling and general damage can be seen across both pitches. We do not want to restrict the access to the general public but equally want to improve the standard so that they are something the local community can be proud of and want to take care of. As part of the club taking ownership the improved facilities and security would reduce the vandalism and damage to the surfaces. 68
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Phase 2- The initial phase would not be to take ownership of the red ash pitch or tennis courts pictured below, but at a later date when phase 1 was established and delivering as per plan we would revisit the asset transfer of these areas. Both these areas overgrown with vegetation and would require significant investment to bring up to standard. Speaking to some of the local community, both were branded as “wasted space” and “eyesores”. The objective of eventually taking over these areas would be to expand the usage of the area to rejuvenate the red ash pitch to be an additional grass pitch for small sided activities. The tennis courts would either be rejuvenated as tennis courts or potentially used for other sporting use outside of football such as padel which is a fast growing activity to increase the appeal and use of the overall facilities. The Green bowls rinks and club house are currently not part of our asset transfer plans but we will be engaging with the club members and committee to understand how we can potentially partner in future to maximise the benefit to both clubs and the wider community by making the overall area and facilities a much higher standard that will attract more users and ensure the sustainability of both clubs and facilities for many generations to come. 69
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5 Local Community Impact and Involvement East Kilbride Burgh United are committed to making football accessible to everyone in the local community. We aim to promote the benefits that participation has on physical and mental wellbeing as well as developing life skills such as team work, communication skills, social interactions and healthy competitiveness. Our current footprint in the local community is substantial and we will continue to: • Provide opportunities for increased sports participation in the area for people of all ages, genders, ethnicity and backgrounds and use sports participation as a way of improving health and sociability by increasing participation. • Make specific efforts regarding the participation of young people in their mid to late teens, addressing the nationally recognised problem of youth drop-out in 16+ age groups. • Provide ways of engaging young people with developmental pathways so that they are not at risk of being involved in crime or anti-social behaviour. • Provide volunteering opportunities across the operation of the club from Coaching, first aid to Admin roles. • Protect vulnerable children and adults and give them somewhere to feel included and part of a safe environment. In addition to these, we intend to commit to the following if successful with our application for CAT of these facilities: • Provide opportunities for the two schools that neighbour the site to use the facilities during school hours. (pictured below) • Run workshops/classes with additional support needs (ASN) pupils who attend the two schools. • Provide opportunities for elderly people to be more active through sports such as walking football. • Work with council agencies to promote good health, healthy eating, non-smoking and well-being programmes. 72
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6 Policy Fit East Kilbride Burgh United, through this development, can contribute to a number of national and local policy areas. We will do this through local action to improve health and tackle inequality, create opportunities and help with improvements in our communities. We will continue to engage with the community of East Kilbride to give local people a say in the services they receive through the community hub. We will consider and explore all opportunities to develop a social enterprise as part of our phased development programme. Scottish Government’s National Outcomes The Scottish Government published their 15 National Outcomes which were updated in the national purpose document 'Scotland Performs' in 2011. These outcomes detail the key areas of Scottish Government policy relating to the overall performance of Scotland as a nation. The Scottish Government targeted its focus on how government and public services could help in creating a more successful country, providing opportunities for all of Scotland to flourish, through increasing sustainable economic growth.The following five strategic objectives were outlined by the Government as drivers for Scotland's development: • Wealthier & Fairer - Enable businesses and people to increase their wealth and more people share fairly in that wealth; • Safer & Stronger - Help local communities to flourish, becoming stronger, safer places to live, offering improved opportunities and a better quality of life; • Smarter - Expand opportunities for Scots to succeed from nurture through to lifelong learning, ensuring higher and more widely shared achievements; • Greener - Improve Scotland’s natural and built environment and the sustainable use and enjoyment of it; and • Healthier - Help people sustain and improve their health, especially in disadvantaged communities, ensuring better, local, and faster access to health care. Let’s make Scotland More Active The National Strategy for Physical Activity (2003–2022), most recently reviewed in 2008, aims to change Scotland’s reputation for inactivity. This strategy sets out the vision that: "People in Scotland will enjoy the benefits of having a physically active life. “This needs changes in both policy and culture. However, as the World Health Organisation has noted: "There is insufficient action and limited policy orientation for encouraging the adoption and maintenance of physically active lifestyles within supportive political, social and physical environments... political leaders and decision-makers need to be convinced of the importance of physical activity for health.” 74
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Take Life On This Scottish Government Health and Wellbeing campaign promotes healthy, active lifestyles through various online, media and event marketing. The focus is on encouraging people to find activities near them, understand the health implications of inactivity and obesity, and to reduce the resultant strain on the NHS in Scotland. With the correct promotion of these facilities upon completion, EFA can leverage interest and excitement around the project to attract more people into sports and exercise. This will have a particular focus on young people, and those who are financially disadvantaged, therefore unable to access paid activities and facilities. Active Scotland Outcomes The Active Scotland Outcomes Framework describes Scotland’s ambitions for sport and physical activity. Active Scotland Outcomes contribute to the delivery of National Outcomes and to the Scottish Government's overarching purpose of creating a more successful country, with opportunities for all to flourish. The framework has been developed collectively with partners through the National Strategic Group for Sport and Physical Activity, chaired by the Cabinet Secretary for Health, Wellbeing and Sport. Conclusively, the following outcomes are proposed – and supported by the proposal to develop the facilities at the Murray Recreation Area. • We encourage and enable the inactive to be more active; • We encourage and enable the active to stay active throughout life; • We develop physical confidence and competence from the earliest age; • We improve our active infrastructure – people and places; • We support wellbeing and resilience in communities through physical activity and sport; and • We improve opportunities to participate, progress and achieve in sport. Reaching Higher: Building on the Success of Sport 21 This is the key Scottish Government strategy for sport and exercise. Reaching Higher sets out the long-term aims for sport including the vision that everyone should have access to affordable, high quality community sport facilities, advice, and guidance. Reaching Higher focuses on two main aspects of sport and fitness – increasing the quality of sporting facilities, coaching and provisions, and increasing the number of Scottish people taking part in sports and exercise. Preventing Overweight and Obesity in Scotland: A Route Map Towards Healthy Weight. This 2010 joint policy directive set forth by the Scottish Government and CoSLA aims at helping central and local government decision-makers to deliver long term solutions to tackle obesity and 75
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overweight issues within their communities. With lack of exercise cited as a prominent reason for obesity in Scotland, any expansion or development of the facilities proposed at the Murray Recreation Centre will support a more active lifestyle should be strongly supported. Community Empowerment Act 2015 The Community Empowerment Act helps to empower community groups through the ownership of land and buildings and by strengthening their voices in the decisions that matter to them. In turn this allows communities to input to the community planning process, ensuring that local service providers work together even more closely with communities to meet the needs of the people who use them. It also provides new rights for communities, allowing them to take ownership of land and buildings owned by public bodies, where it can be demonstrated to be in the best interest of the community. The Act applies to both communities of place and communities of interest. The Bill was passed by the Scottish Parliament on 17 June 2015 and received Royal Assent, becoming an Act, on 24 July 2015 and becoming law in January 2017. Sports Scotland: Raising the Bar Sports Scotland on behalf of the Scottish Government have responsibility for (amongst other things) enhancing and improving sporting activity throughout Scotland. In short, their focus is on: • Supporting and improving the sporting environment; • Improving outcomes by increasing participation numbers and the diversity of people participating in sport; • Undertaking an enabling role to increase the quantity and quality of participants (both paid or voluntary) and facilities (existing and new) and by raising the importance of sport to the wider community; • Championing partnership working across all sectors; and • Improving equality and inclusion with a focus on young people. Scottish Football Association The Scottish Football Association is the governing body for football in Scotland. They have produced three strategy documents which are pivotal to this application for an AMT: • The Scottish Football Review (2010); • Strong Quality Growth within a United Scotland (2011); and • The Big Pitch (2013). 76
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These documents recognised (amongst other things) that the quality and provision of changing facilities and parks were poor and that as an organisation they were keen to promote the development of outdoor full size 3/4 G with floodlights and changing provision. Promising Approaches to Reducing Loneliness and Isolation in Later Life Published by Age UK, this report looks at approaches to loneliness in older people and the potential impact of loneliness on individuals. It starts from an understanding that loneliness can have profound implications for mental and physical health. The report argues that the effects of loneliness and isolation on mortality exceeds the impact of well-known risk factors such as obesity and has a similar effect as smoking fifteen cigarettes a day and that: • Lonely individuals are at higher risk of the onset of disability; • Loneliness puts individuals at greater risk of cognitive decline, and one study cited in the report concluded that lonely people have a 64 per cent increased chance of developing clinical dementia. The report sees value in what it calls structural enablers – community-based approaches to creating the social activities and groups which directly address loneliness – and it recognises that these in themselves are valuable in addressing loneliness and isolation. According to the area profile (source SLC area profile 2023) approximately 9% of the local community are over seventy-five. The development of a community hub in the Murray will support the community in preventing the impact and negative effects of loneliness amongst local residents. Our proposals underpin South Lanarkshire’s Community Planning Vision, ‘To improve the quality of life for all South Lanarkshire by ensuring equal access to opportunities and to services that meet people’s needs.’ The key areas being: • Improving health and tackling Inequalities; • Promoting sustainable and inclusive communities and opportunities for all through Life; • Tackling poverty; and • Promoting equality and diversity and tackling hate crime. • The proposed activities identified in the community survey, comply with criteria reflecting a number of SLC’s key objectives and priorities, to: • Improve later life; • Deliver better health and social care outcomes for all; • Improve the road network, influence improvements in public transport and encourage active travel; 77
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• Work with communities, partners, and stakeholders to promote high quality thriving and sustainable communities; • Support communities by tackling disadvantage and deprivation; • Support the local economy by providing the right conditions for economic growth; • Support communities by tackling disadvantage and deprivation and supporting aspiration; • Encourage participation in physical and cultural activities; • Improve achievement, raise educational attainment, and support lifelong learning; and • Increase community involvement and volunteering. 78
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Grass Pitch Maintenance Plan. Pre-Season (June-August): • Aeration: Use an aerator to improve drainage and root development. • Overseeding: Sow new grass seed in bare areas to improve coverage and density. • Fertilization: Apply a balanced fertilizer to promote healthy grass growth. • Leveling: Topdress with sand/topsoil to smooth out uneven areas. • Weed control: Remove any weeds and treat with correct weed control. • Goal Posts: Remove, repair and repaint goal posts. Playing Season (Summer/Autumn): • Regular mowing: Maintain consistent grass height (around 25-30mm) with frequent mowing. • Spot repairs: Address localised damage like goalmouth wear with overseeding, repair any damaged areas that need filled due to dog/fox damage. • Line marking: Regularly reapply pitch markings Winter (Autumn/Winter): • Reduced mowing frequency: Mow less often as grass growth slows down. • Line marking: Regularly reapply pitch markings • Drainage checks: Monitor drainage systems and address any areas of localised flooding. • Leaf removal: Regularly remove fallen leaves, branches from the pitch • Restricted usage: during periods of bad weather ensure pitches are not overused and causing longer term damage. Appendix 6 2 79
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Appendix 7 Murray Pitch and Pavilions (lease) – East Kilbride Burgh United Best Value Scoring Community Asset Transfer 13th February 2025 Present – No conflicts of interest. The application and ancillary paperwork were reviewed and after discussion the group scored the application as follows: Criteria Organisations need to comply with criteria which reflect the Council’s key priorities and objectives:- • Help reduce the poverty related attainment gap and improve long term outcomes for children and families. (4/8) Mentioned in submissions with limited detail. • Improve achievement, raise educational attainment and support lifelong learning. (2/8) Evident from activities offered. • Improve later life. (2/8) Alludes to possible delivery of walking football. • Encourage participation in physical and cultural activities. (6/8) Predominate benefit of application. • Protect vulnerable children and young people. (2/8) Referenced with limited detail. • Supporting our communities by tackling disadvantage and deprivation and supporting aspiration. (2/8) Referenced with limited detail. • Contribute towards the transition to a low-carbon economy and society. (2/8) • Referenced with limited detail. • Use land to improve bio-diversity and help communities re-connect with nature. (0/8) 2 81
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No detail provided. • Support homeless individuals and those at risk of homelessness, contribute towards the delivery of quality, affordable housing available to all. (0/8) No detail provided. • Work in conjunction with partners to promote job creation and employability. (1/8) Referenced with no detail. • Contribute towards community wealth building by work with communities and partners to promote high quality, thriving and sustainable communities. (4/8) Details partnership work with other local organisations. Total Weighting Point 25/80 Organisations will also be scored on the key elements of Best Value including:- • Vision and leadership • Effective partnerships and local community support • Governance and accountability • Use of resources • Performance management • Sustainability • Equality In essence organisations will have to demonstrate that by providing added community benefit that the price of the asset should be reduced based on the assessment of the added value. Criteria Scoring Range Vision and Leadership Very strong proposals will make a major contribution to several national outcomes, deliver transformational benefits to the 0 – 20 14 82
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community, with significant public benefit and clear evidence for the claims of benefit. Very strong proposals will have a clear plan, usually a fully developed business plan with leadership and other key roles clearly identified. Lead individuals appear competent and capable. Submissions are ambitious and would benefit from more detail. Effective Partnerships and Local Community Support Very strong proposals will have strong local partnerships contributing to delivery and enhancing the project benefits. The engagement of the community in the design of the project and clear consultation with the community will be demonstrated. Very strong projects will also show clear synergy with any local development plans or strategies. There will also be evidence that the community and end users will be directly involved in the ongoing development of the proposal. Applicant provides some details of existing partnerships and identifies possibilities moving forward. 0 – 20 13 Governance and Accountability Very strong proposals will have clear governance structures built into the proposal. There will be transparency and feedback mechanisms that engage the local community and show continued involvement in project development. Limited mention of how this will work. Alludes to community engagement work, but no details available and whether this was carried out or not. Also evident that there are other users of this site who would potentially be displaced with no real tangible effort made to develop working partnerships. 0 – 20 12 Use of Resources Very strong proposals will show clearly that the level of resources and community capacity is appropriate to the scale of the project. There will be a clear longer term plan for the use of the asset and how outcomes will be achieved. The plan will also identify the positive impacts on the community of the proposal including volunteers, staff, etc. 0 – 20 14 83
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Group are one of the key users of the site and have aspirations to grow through becoming the site operator. Plans are ambitious, however there are questions over capacity and details such as ongoing site maintenance. Performance Management Very strong proposals will show clearly how project outcomes will be measured and monitored. There will also be a clear reporting process in place that informs the local community and key stakeholders of progress at all stages. Not a lot of evidence of this from application or business plan. 0 – 20 10 Sustainability Very strong proposals will demonstrate how the project will be sustainable in the longer term through self-financing, clear external funding routes, community charges and income, etc. Very good proposals will also demonstrate how project development and implementation will impact positively on the local environment Business plan provided is competent, but has gaps which would benefit from the model being better developed. 0 - 20 12 Equality Very strong proposals will demonstrate that the whole community will benefit from the proposals and that the different needs of the community have been taken into consideration in the development of the project. Specific evidence of positive impacts for specific equalities groups would also be outlined. References to developing activities for wider community. 0 – 20 14 Total Project Score is from Best Value assessment out of 140 + Alignment with Council Priorities score 89 +25 114/140 81.5% discount 84
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Bandings Excellent 90-100% Very Good 75-90% Good 50-75% Moderate 25-50% Low 0-25% Allocation of points best value criteria 0-5 - little or no evidence or detail 5-10 – Limited evidence provided 11-16 – Moderate evidence provided 17-20 – Well evidenced Allocation of points council priorities weighing 0-2 – referenced with little evidence 3-4 - referenced with basic evidence 5-6 - referenced with some detail 7-8 - referenced with substantial detail 85
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Appendix 8 Murray Pitches – SLLC Rebuttal Best Value Scoring Community Asset Transfer 3rd April 2025 Present – No conflicts of interest. Sllc’s submission was reviewed and after discussion the group scored the application as follows: Criteria Organisations need to comply with criteria which reflect the Council’s key priorities and objectives:- • Help reduce the poverty related attainment gap and improve long term outcomes for children and families. (4/8) Not detailed on submission with regards to this site, however key part of organisational delivery and priorities. • Improve achievement, raise educational attainment and support lifelong learning. (6/8) Evident from activities offered. • Improve later life. (2/8) Not detailed on submission with regards to this site, however key part of organisational delivery and priorities. • Encourage participation in physical and cultural activities. (8/8) One of the key primary activities of organisation. • Protect vulnerable children and young people. (2/8) Not detailed on submission with regards to this site, however service delivery elsewhere encompasses this. • Supporting our communities by tackling disadvantage and deprivation and supporting aspiration. (4/8) Evidenced by wish to keep facility in order that it can be open to all, especially smaller and less capable organisations. • Contribute towards the transition to a low-carbon economy and society. (0/8) 2 87
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Not detailed on submission. • Use land to improve bio-diversity and help communities re-connect with nature. (0/8) Not detailed on submission. • Support homeless individuals and those at risk of homelessness, contribute towards the delivery of quality, affordable housing available to all. (0/8) • Not detailed on submission. • Work in conjunction with partners to promote job creation and employability. (2/8) Not detailed on submission with regards to this site, however key part of organisational delivery and priorities. • Contribute towards community wealth building by work with communities and partners to promote high quality, thriving and sustainable communities. (4/8) • One of the key elements of organisational activity. Total Weighting Point 32/80 Organisations will also be scored on the key elements of Best Value including:- • Vision and leadership • Effective partnerships and local community support • Governance and accountability • Use of resources • Performance management • Sustainability • Equality In essence organisations will have to demonstrate that by providing added community benefit that the price of the asset should be reduced based on the assessment of the added value. Criteria Scoring Range 88
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Vision and Leadership Very strong proposals will make a major contribution to several national outcomes, deliver transformational benefits to the community, with significant public benefit and clear evidence for the claims of benefit. Very strong proposals will have a clear plan, usually a fully developed business plan with leadership and other key roles clearly identified. SLLC have operated this site successfully for sometime. Organisationally they are well structured to continue to operate it. 0 – 20 18 Effective Partnerships and Local Community Support Very strong proposals will have strong local partnerships contributing to delivery and enhancing the project benefits. The engagement of the community in the design of the project and clear consultation with the community will be demonstrated. Very strong projects will also show clear synergy with any local development plans or strategies. There will also be evidence that the community and end users will be directly involved in the ongoing development of the proposal. Although involved in the service delivery at site, SLLC are not as well connected as applicant to the local community. 0 – 20 12 Governance and Accountability Very strong proposals will have clear governance structures built into the proposal. There will be transparency and feedback mechanisms that engage the local community and show continued involvement in project development. Strong governance and annual systems of customer feedback ongoing. 0 – 20 14 Use of Resources Very strong proposals will show clearly that the level of resources and community capacity is appropriate to the scale of the project. There will be a clear longer term plan for the use of the asset and how outcomes will be achieved. The plan will also identify the positive impacts on the community of the proposal including volunteers, staff, etc. 0 – 20 16 89
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Site will remain open to all users and not have the potential to be dominated by one group. Performance Management Very strong proposals will show clearly how project outcomes will be measured and monitored. There will also be a clear reporting process in place that informs the local community and key stakeholders of progress at all stages. Ongoing system of monitoring and evaluation and customer service evaluation 0 – 20 14 Sustainability Very strong proposals will demonstrate how the project will be sustainable in the longer term through self-financing, clear external funding routes, community charges and income, etc. Very good proposals will also demonstrate how project development and implementation will impact positively on the local environment Strategy in place for long term service delivery. 0 - 20 15 Equality Very strong proposals will demonstrate that the whole community will benefit from the proposals, and that the different needs of the community have been taken into consideration in the development of the project. Specific evidence of positive impacts for specific equalities groups would also be outlined. Key objective of organisation 0 – 20 16 Total Project Score is from Best Value assessment out of 140 + Alignment with Council Priorities score 105 +32 137/140 90
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Bandings Excellent 90-100% Very Good 75-90% Good 50-75% Moderate 25-50% Low 0-25% Allocation of points best value criteria 0-5 - little or no evidence or detail 5-10 – Limited evidence provided 11-16 – Moderate evidence provided 17-20 – Well evidenced Allocation of points council priorities weighing 0-2 – referenced with little evidence 3-4 - referenced with basic evidence 5-6 - referenced with some detail 7-8 - referenced with substantial detail 91
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Appendix 9 CAT Scoring Panel Meeting Note Date: 9th April 2025 Persons Present: In attendance: Matters for Discussion: Decision on Community Asset Transfer of Murray Pitches to EK Burgh on lease CAT/24/0014 It was agreed at the group’s previous meeting that the Community Asset Transfer Working Group should carry out a community benefit assessment on SLLC’s proposal that the site was not transferred but remained in their care. This exercise was undertaken on 3/4/2025 and a benefit scoring of 137/140 was allocated, this highlights a potentially higher community benefit than that offered by EK Burgh’s application which scored 114/140. This information along with that previously assessed information led the panel to agree that the in line with the legislation the community benefit offered by the property remaining in the care of SLLC was seen to be greater, all present agreed that the application should be refused. GM will prepare the decision notice. Decision on Community Asset Transfer of Murray Pitches to EK Colts on lease CAT/25/0003 This application was largely similar to the EK Burgh application with the additional request for the derelict tennis courts and football pitch at the rear of the site to be included in the transfer. It has been confirmed that Community And Enterprise have a use for the derelict tennis courts at this location, for a project which has funding and can be undertaken quickly. Given this application is largely similar to EK Burgh’s refusal above, it was agreed that this application would also be refused in line with the Community Asset Transfer legislation which enables a relevant authority to refuse any similarly refused application for a period of two years. GM will prepare the decision notice. 2 93
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Housing and Technical Resources Executive Director Stephen Gibson Property Services Council Offices, Almada Street, Hamilton ML3 0AA Phone: 01698 455139 Email: Joanne.Forbes@southlanarkshire.gov.uk Anthony Devlin East Kilbride Burgh United 56 Brendon Avenue, East Kilbride, G75 9GT Our ref: CAT/24/0014 Your ref: If calling ask for: Craig Jardine Phone: 01698 454073 Date: 15 May 2025 Dear Mr Devlin ASSET TRANSFER UNDER THE COMMUNITY EMPOWERMENT ACT DECISION NOTICE in respect of application CAT/24/0014 This Decision Notice relates to the asset transfer request made by East Kilbride Burgh United (SCIO No SC053333) on 9 September 2024 in relation to Murray Pitches and Pavilion, Liddell Grove, East Kilbride G75 9AA The request was validated on 11 October 2024 and was assessed by the Community Asset Transfer Panel in accordance with the established process. In terms of the legislation, we must give you notice of our decision whether to agree to or refuse your request, and our reasons for that decision, within 6 months of validation. The most suitable meeting of the Housing and Technical Resources Committee was 14 May 2025 which is out with the legislative 6 months period and permission was sought and granted to extend the deadline to allow it to be processed at the May committee, if appropriate. South Lanarkshire Council has decided to refuse the request. The reasons for this decision are principally that the benefits of the asset transfer request are judged to be less than the benefits of the continued operation by South Lanarkshire Leisure and Culture’s (SLLC) and agreeing to the request would restrict SLLC’s ability to carry out its function for the Council (SLC) as a sports and culture facility and negatively impact the delivery of its objectives as a Scottish Charitable Incorporated Organisation. In considering the proposal, the Council has had to balance consideration of the benefits and investment that could be delivered through the transfer of the property to an organisation such as East Kilbride Burgh United against the benefits of the continued delivery of services at this facility which provides a positive contribution to SLLC and supports both SLLC and SLC in the broader delivery of services. The Murry pitch cluster make up an important element of SLLC’s East Kilbride provision and pitch strategy allowing the Council, through SLLC, to provide the appropriate assets locally. In this case the showers and multiple pavilions enable us to accommodate both youth and adult football whilst offering suitable, appropriate changing facilities for a range of users, including minorities groups who may need separate changing facilities. If this cluster is not retained within the operational portfolio, SLLC would be unable to provide the same standard of provision for these groups at alternative East Kilbride venues which do not have the same facilities or adequate parking, and this would negatively impact local groups and displaced users. This site contributes to the broader provision and SLLC and SLC collaboratively work to ensure there is an estates strategy and building life cycle provision. This ensures maintenance and Appendix 10 2 95
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replacement programs are in place. Our governance provides oversight and ensures that a broad range of users, including minority groups are catered for and that assets remain financially accessible and equitable in provision strategically at both a local and regional level. It is recognised that East Kilbride Burgh United as an organisation has the ambition, capacity and experience deliver a service, however, for the reasons set out above it is believed that with regards to the proposal for Murray Pitches and Pavilion the transfer of the asset does not represent Best Value or deliver wider community benefits. Right to Review You have a right to apply to the Council to review this decision. An application for review must be made in writing to Mr Stephen Gibson, Executive Director, Housing and Technical Resources, Floor 10, Almada Street, Hamilton ML3 0AA (stephen.gibson@southlanarkshire.gov.uk) by 16 June 2025, which is 20 working days from the date of this notice. Guidance on making an application for review is available at www.gov.scot.publications/asset- transfer-under-community-empowerment-scotland-act-2015-guidance. The request for the review of the decision will then be considered by a sub-committee of the Housing and Technical Resources Committee. Yours faithfully Craig Jardine Head of Property Services 96
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Mr Stephen Gibson, Anthony Devlin Executive Director, East Kilbride Burgh Chairman & Charity Trustee Housing and Technical Resources, Floor 10, Almada Street, Hamilton ML3 0AA Email: Mobile: In respect of application CAT/24/0014 for the Murray Recreation area by East Kilbride Burgh United SC053333 Dear Stephen I am writing to you with regards to the CAT decision issued on the 15th May 2025 rejecting the application for the CAT of the Murray recreation facility, we are looking to appeal this decision on the grounds of the key factors stated for the facility being awarded to SLLC not being a stronger case to the one that we submitted. I have outlined the key points below in response to the reasons for rejection highlighted in the decision letter which I would appreciate your due consideration. 1. The Murray pitch cluster make up an important element of SLLC’s East Kilbride provision and pitch strategy allowing the Council, through SLLC, to provide the appropriate assets locally. In this case the showers and multiple pavilions enable us to accommodate both youth and adult football whilst offering suitable, appropriate changing facilities for a range of users, including minorities groups who may need separate changing facilities. If this cluster is not retained within the operational portfolio, SLLC would be unable to provide the same standard of provision for these groups at alternative East Kilbride venues which do not have the same facilities or adequate parking, and this would negatively impact local groups and displaced users. Response: A critical element to our proposal and business case is that we plan to improve and maintain the overall facility in order to enhance the user experience beyond what it is today creating a modern, fit for future facility that would be to the benefit of all users of the facility not just youth and adult football but also for the wider user groups we propose to cater for such as minority groups, walking football, disability groups, fitness classes, dance classes, yoga and personal training. Our proposed use of the facility goes beyond football and the pavilion would be available at wider opening hours than is currently available through SLLC and therefore being of greater use and more accessible to the wider community than it would be if SLLC retain it. In the event of the transfer, the increased usage of the Murray facility by EK Burgh Football Club would free up capacity in other venues such as Ballerup and Brancumhall that have segregated changing/shower areas and adequate parking, that are currently booked by EK Burgh teams which would then free up capacity and negate any risk of SLLC not having capacity to accommodate other users. Appendix 11 2 97
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2. This site contributes to the broader provision and SLLC and SLC collaboratively work to ensure there is an estates strategy and building life cycle provision. This ensures maintenance and replacement programs are in place. Our governance provides oversight and ensures that a broad range of users, including minority groups are catered for and that assets remain financially accessible and equitable in provision strategically at both a local and regional level. Response: Our proposal includes significant investment in the upgrade and maintenance of the overall facility with a minimum of £25,000 per year being secured for the first 3 years following transfer, this is excluding any club generated revenue, fundraising or grants. Therefore, almost immediately the standard of the facilities would be improved for all users including minority groups and users beyond football. The proposal is to diversify the use of the site by regenerating/repurposing the tennis courts and the disused red ash pitch, both of which have been neglected for years and require significant work and investment to bring these to a standard that can be used in future. Due to funding and budget cuts within South Lanarkshire council I believe that this year’s budget for SLLC to maintain and improve all existing facilities will be is significantly less than we have proposed to invest annually. The SLLC budget is not a suitable amount to complete the work required to refresh the current facility to an acceptable level and maintain this going forward let alone develop the site to be fit for the community use in future. It is also a vital part of our proposal that we would be able to reduce the cost of use of the facility and it would even be free of charge for some users and groups. This would ensure that this was more accessible to users in the community that has an increasing number of impoverished families and areas with a higher percentage of the ever-growing population of East Kilbride falling into deprivation. Our proposal would actually result in the use of the facility being more financially accessible and at a higher standard of facility than the SLLC proposal, especially as the cost of use for the football facilities in South Lanarkshire have increased on the 1st April 2025 for the 3rd year running. The decision to award the facility to SLLC seems to be based on a short term need rather than the longer benefit of the community and the future sustainability and development of the site to be significantly upgraded in the immediate and short-term future to be become a showcase facility catering for all demographics of the community. The tragic events of the weekend of 17th May at Irvine (involving East Kilbride teens) and Portobello beach highlight the growing need for suitable facilities and activities for the disenfranchised youth, especially the 15-17 year old male population who tend to leave football due to affordability and accessibility but have no other activities or interests to keep them engaged which results in them more often than not wondering the streets and getting involved in gang culture and other problem areas such as drinking and drug use. Our proposal and business case is driven by the Trusts desire to improve the accessibility affordability, standards and diversity of facilities for the wider community from preschool to retirees, from able bodies to disabled users for many years to come in East Kilbride. 98
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It should also be noted that the noticeable lack of long-term vision and investment of South Lanarkshire Council and SLLC is resulting in the constituents being left behind other areas. As a very recent example North Lanarkshire Council have just announced that 3 brand new FIFA quality astro pitches in Cleland, Harthill and Moodiesburn are now open for use to public, schools and local teams. SLC don’t even have plans for new facilities let alone being close to opening any for use. The current facility at Whitemoss has a surface that is borderline dangerous and not fit for purpose and is another example of lack of investment from SLLC to the detriment of the paying users and general public. We as a club and charity organisation are willing to fill some of the gap in the current SLC budget and plans by taking over the Murray facility and developing this to be on a par and exceed other facilities in other communities. 3. it is believed that with regards to the proposal for Murray Pitches and Pavilion the transfer of the asset does not represent Best Value or deliver wider community benefits. Response: I believe that based on the proposal, business case as well as the points noted in the is letter it is clear that our proposal is “Best Value” and delivers “wider community benefit” over and above the case put forward by SLLC as we will deliver the following benefits that SLLC will not be able to do: • Financial investment and security of the facilities future. • Modernisation, fit for future facilities. • More affordable and accessible use for wider community including minorities. • Extended hours of access to the pavilions. • Diversification of the site use and site users beyond football. • State of the art facilities within the coming years. I appreciate your time to review the case and that you will use the information to come to the correct decision for the East Kilbride and South Lanarkshire community to have access to a much- needed improved facility to be used by the wider community for years to come. Regards, Anthony Devlin EK Burgh Chairman and Charity Trustee. 99
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Appendix 12 Review request additional information Received by email from Anthony Devlin on 3/6/2025: Hi Iain, Thanks for confirming the next steps and the confirmation needed, I would like to request that the review is completed in the form of a hearing so that we can fully understand the merits of the SLLC proposal versus our own. I have also attached links to 2 articles, one is to show that other clubs serviced by SLLC are finding that the current set up is "not Best Value for Money" and that the costs are prohibitive and a threat to the club, this is a common scenario across clubs that use the facilities and our proposal is trying to combat this by making the access to facilities more affordable and a higher standard. https://www.glasgowtimes.co.uk/news/scottish-news/25200391.fernhill-football-club- says-pitch-costs-easily- doubled/?fbclid=IwZXh0bgNhZW0CMTEAAR5hr3IKbwmH61MMXzmulWNAZY4Ks6xkpucMt EzAyxBJP8YQ1fhz8XyUN42T0g_aem_bDAbEyLXOfdKV9jwEPAIFw# The second article shows that other councils (NLC) are actually investing in new state of the art new facilities whereas SLC dont even have the budget to properly maintain the existing facilities which is why it is beneficial for the community to allow us to transfer the facility and invest in its development. https://www.northlanarkshire.gov.uk/news/hat-trick-new-sports-pitches-open 2 101
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