Author: ed

PCDT Becomes a SCIO

Following the proposal on the 13th March 2021, and the resultant successful application to the Charity Regulator, we are pleased to announce the PCDT had become s Scottish Charities Incorporated Organisation (SCIO). This is a change of legal form but our objectives (now called “purposes”) remain essentially the same.The Articles of Association have been changed to a SCIO Constitution and rather than have a Board of Directors we now have a Board of Trustees. Both legal forms follow the model template produced by Development Trust Associated of Scotland (DTAS) and apart from the nomenclature changes are almost identical, both set out the same limits on Directors/Trustees Powers and offer the same protections for members.

We remain:
• Independent, aiming for self-sufficiency and not for private profit.
• Engaged in the economic, environmental, and social regeneration of Portpatrick and surrounding area.
• Community based, owned and managed by the members.
• Actively involved in partnerships and alliances between the community, voluntary, private and public sectors.

Village Hall Updates

We have provided an update on the Village Hall. Scottish Ministers have now issued a formal Decision on the PHCBS Appeal against DGC refusal to allow a Community Asset Transfer to PHCBS and the subsequent review process. The Scottish Ministers agree with the Reporter that PHCBS is not a community transfer body. Scottish Ministers therefore find that this appeal is incompetent and accordingly the appeal is dismissed.

This is quite a complex legal decision and the reporter also has looked at the merits of the case for transfer of the Village Hall to community ownership and his analysis of the CAT against the seven best value themes to ensure that a property can be sold or leased at less than market value provides insight into what would make a successful asset transfer request. We have provided a summary and overview of the Report, which is to be made publicly available, under Village Hall Updates June 2021.

Member Ballot – Conversion to Scio

We are pleased to report on the Special Board Meeting of the 29th March 2021, held to consider the members ballot on the legal form and constitution of the PCDT. Under the current Covid-19 restrictions this was an online virtual meeting to formally review the Board’s, recommendation to members that PCDT seek charity status, by converting to a Scottish Charity Incorporated Organisation (SCIO) and the subsequent ballot of members. It was noted that the membership notice and papers had been served on the 13th March 2021 by email and newsletter.  The same information was also posted on our website with the opportunity to vote by paper or web site form.

 Votes Received    24.     Votes for the proposal 24.       Votes against 0

A voting record has been placed in the company documents.

In consideration of the Boards’ recommendation to members and receipt of the members votes. The following resolution was passed in accordance with the Company’s Memorandum and Articles of Association:

We propose that following the unanimous vote by members of PCDT agreeing with the Board’s recommendation of 13th March 2021, the Board proceed to conversion to a Scottish Charity Incorporated Organisation (SCIO). Proposed by T Monteith and seconded Alex Palmer. The resolution has been entered in the register of company resolutions and the Board shall proceed accordingly.

Members Ballot – Conversion to SCIO

PCDT is an incorporated organisation. As a Development Trust our stated aims and objectives included the provision of social and community facilities, supporting local environment initiatives, supporting local heritage and cultural improvements, youth development and providing support to local people, groups and businesses.

Having taken advice PCDT Board are of the opinion that the benefits of being a SCIO outweigh any potential disadvantages and are unanimously recommending to members a proposal to convert to a SCIO. It is however important to note that this is a one-way opportunity. A limited company can convert to a SCIO but a SCIO cannot convert back to a company, it would have to be dissolved.  

You can read about the proposal and if you are a full member of PCDT then you can vote here.