Agenda item

            The Director of Parks and Leisure submitted, for the Committee’s consideration, the undernoted report:

“1.Relevant Background Information

      In the last number of years the Parks and Leisure Committee has approved a contribution of £5,000 to the Mary Peters Trust.  The Trust assesses sporting need and provides small grants to individual sports people to assist them in achieving excellence in sport.

      Advice from the Legal Services Manager has indicated that as a general rule district councils do not have any legal power to contribute to the funds of charitable organisations. The only exception to that general rule being where an application for financial assistance is made under criteria which the council has in place in relation to the incurring of expenditure for special purposes under the provisions of the Local Government Finance Act (Northern Ireland) 2011 section 37 (previously known as 115 of the Local Government Act (NI) 1972).

      The Act permits the council to make any payment for any purpose which in its opinion is in the interests of, and will bring direct benefit to:

a)      the council;

b)      the district or any part of its district; or

c)      the inhabitants of its district of any part of its district.

      The amount of money available under Section 37 is subject to an annual cap and in determining whether any payment should be made the council must ask whether the benefit would be commensurate with the payment to be made.

2    Key Issues

·             The Mary Peters Trust has made a request to the council for a financial contribution to the work of the trust for 2011/12 financial year.

·             Should the committee be minded to make a contribution to the trust, given its charitable status, the contribution would have to be made under Section 37 of the Local Government Finance Act (NI) 2011.

·             An assessment of the request against the criteria agreed by the Policy and Resources Committee in 2004 has indicated that the request would bring a direct benefit to the inhabitants of Belfast.

·             It is proposed that a contribution of £5,000 be made to the Mary Peters Trust under Section 37 of the Local Government Finance Act (NI) 2011.  If agreed it is considered that the benefit obtained will be commensurate with the payment made.

3.   Resource Implications

      Financial

      The proposed £5,000 can be accommodated from the Section 37 budget.

      Human Resources

      There are no human resource implications.

      Asset and Other Implications

      None.

4.   Equality and Good Relations Implications

      None.

5.   Recommendations

      The Committee is asked to consider whether to make a contribution of £5,000 in the 2011/12 financial year to the Mary Peters Trust and resolve that the expenditure be approved under Section 37 of the Local Government Finance Act (NI) 2011, it being the opinion of the committee that the expenditure would bring direct benefits to the inhabitants of the district and that the direct benefits would be commensurate with the payment made.”

            Accordingly, it was

     Resolved – That expenditure in the sum of £5,000 to the Mary Peters’ Trust be approved under Section 37 of the Local Government Finance Act (Northern Ireland) 2011, it being the opinion of the Committee that the expenditure would be in the interest of, and bring direct benefit to, the District and inhabitants of the District, with the Committee being satisfied that the direct benefits so accruing would be commensurate with the payments to be made.