Statutory consultation notices

Holmfirth Adult Education Centre

HOLMFIRTH DISTRICT TECHNICAL INSTITUTE (ALSO KNOWN AS HOLMFIRTH ADULT EDUCATION CENTRE) (“THE INSTITUTE”): CONSULTATION IN RESPECT OF PROPOSED CHARITY COMMISSION SCHEME PURSUANT TO THE CHARITIES ACT 2011 IN RELATION TO THE PROPERTY, HOLMFIRTH DISTRICT TECHNICAL INSTITUTE, ALSO KNOWN AS HOLMFIRTH ADULT EDUCATION CENTRE, HUDDERSFIELD ROAD, HOLMFIRTH, LAND REGISTRY REFERENCE: WYK918352 (“THE PROPERTY”)

  1. Kirklees College (“the College”) in its capacity as sole trustee of the Institute is seeking the establishment of a cy près scheme by making an application to the Charity Commission (“the Commission”) to enable it to sell the Property.
  2. The Commission has confirmed that the land and buildings belonging to the Institute are held on trust for use in specie and also represent permanent endowment of the Institute governed by a Scheme dated 1 June 1910, which is now a special trust of the College and thus an exempt charity.
  3. It has been submitted that a cy près occasion has arisen under s 62(1)(a)(ii) of the Charities Act 2011, i.e. that the purposes set out in the 1910 Scheme (the original purposes) can no longer be carried out, or not according to the directions given and the spirit of the gift. A secondary school has not been provided at the Institute for many years. Latterly it was used as an adult education centre. After several years during which the number of students declined, and despite unavailing efforts to reverse the situation, it was concluded that the Institute’s premises were no longer viable and the Institute was closed in 2013.
  4. It is considered that more effective charitable use could be made of the value inherent in the Institute’s assets if authority were given for it to be sold and for the income from the sale proceeds to be used in providing facilities of a similar nature within the College itself.
  5. Since 2013 the College has been developing new facilities for education, including education in music and the arts, at the College’s Huddersfield Centre, part of the College campus which lies some 5 miles from Holmfirth. The new facilities are modern and well provided with libraries, IT facilities and other student resources which are a very considerable improvement on the run-down facilities at the Centre.
  6. Accordingly, the College wishes to apply for a cy près scheme for the Institute to permit the sale of the Institute and provide for the application of the income from the invested sale proceeds in reimbursing the College for the provision of facilities for education, especially in the arts and music, at the College’s Huddersfield Centre.
  7. The reasons for this submission, which are considered to be consistent with the spirit of the original gift, are as follows:
    • the Institute no longer provides a secondary school in its premises and there is no need for such a school locally, and the adult education centre itself was closed as no longer viable in 2013;
    • the buildings of the Institute are old-fashioned and in need of substantial refurbishment;
    • the Institute has insufficient income to pay for the necessary work; and
    • the College has well-developed plans to include within its own campus educational facilities which effectively replace the facilities previously provided at the Institute.
  8. A plan of the property can be obtained from Daniel Bedford, (Head of Estates and Facilities) at dbedford@kirkleescollege.ac.uk, tel: 01484 437000 ext 7338.
  9. We invite any comments or feedback on the proposed sale of the Property by email to SMT_Support@kirkleescollege.ac.uk by 4.00 pm on Friday, 13 July 2018.
Kirklees College