The SANHS Board of Trustees had hoped to approve the package of legal documents and support for the SWHT at its special meeting on 26 June [minutes on http://www.sanhs.org/Notes.htm]. Since 26 June SANHS has received several updated drafts of the three formal documents between the SCC and the SWHT (grant, transfer, and collections management) which cover the operation of the SWHT. Drafts of the two key legal documents for SANHS, that is the sub-lease transferring property from SCC to SWHT as a sub-tenant of the Castle Estate, and the licence for the Archive, Library and Museum Collections (relating to the current Agreements with the SCC) have also been received. The Archive Collection Agreement is a new Agreement.
The Development and Policy Committee (D&PC) of the Society, empowered by the Trustees to evaluate these documents, has established a legal sub-group to consider them. This sub-group has convened many meetings since 26 June under the chairmanship of the Honorary Secretary commenting on the draft documents, and there has been an internal meeting with our legal advisor from Foot Anstey, who advises on property matters. This has resulted in an agreed outline of the property sublease.
Vesting of the SWHT is still anticipated for 1 October 2014, and the sub-lease of the Castle to the SWHT must be is in place by then. SANHS Trustees have to consider whether they need non-property legal advice as well. A commentary of D&PC views on the formal agreements between SCC and SWHT has been sent to the Council, including whether there were any SANHS fundament points which had not been met.
The SCC believes there will be no difference from existing arrangements under our collections agreements after the SWHT takes responsibility for the operation of the Collections. However, the legal sub-group has concerns that the Collections must be discrete and protected against financial difficulties of the new Trust, for instance in case of failure of the SWHT. To ensure SANHS interests are fully protected the D&PC is in the process of taking independent legal advice on this issue.
24 August 2014
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